New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-11-12

erotesoue behavior in court has caused much
wonder among his Tammany followers at tunes,
and much Indignation among lawyers VINO hao
cases before him, and 1t is described in the de-
cision handed down by the Appellate DIVISION
referring to his habit Of allowing his friendships
and partialties to control his rulings, as fol-
lows:
This abuse of judicial discretion was oppres-
sion and the discontinuance or settlement of It'll
cation was not infrequently coerced thereby.
The official conduct Of the respondent became
q Judicial scandal
About two years ago The Tribune. in a series
Of articles thoroughly exposed the practices Of
the loan sharks who made use of Justice Boltes
court IN depressing poor and ignorant foreign
ers getting judgments against them by default,
putting them In jail for debt and coercing item
into paying blood money. The Tribune's CAM
paign against the loan sharks was taken up by
the East Side Civic Club. at No. 254 Grand-st,
and Louis Lande, the clubs attorney procured
evidence and later prepared the charges which
were filed against Justice Bolte, in June loo5.
by District Attorney Jerome as a citizen.
Although Assistant District Attorney Cans
was the attorney Of record in the charges
against Justice Bolte when the case was pre-
scented to the Appellate Division. Mr.. Lande and
John Il. Iselin were the attorneys for the prose-
cution when the case was sent before William
H Willis as a referee, TO take the testimony.
Hearings before the referee went on from July
TO late in December. 1903 MI. Willis's report
was filed last March, and last May the case was
argued before the Appellate Division by wheeler
r Peckham for Mr. Jerome.
Justice Laughln writes the opinion, in "hich
The other justices Of the Appellate Division con-
cur One of the charges was that justice boile
had forfeited his Office by moving from NO. D
New-Chambers-st., his home for many years.
To White Plains The decision says he doubtless
did not intend TO give UP his residence IN the
district but his intent is Of little consequences
under the circumstances The charge 'hat ne
has changed his residence is fairly sustained
although the court might hesitate to act IN tnar
alone.
The AnpeIate Division finds that Justice
Bottle. as charged granted judgments and body
executions without due service OF process ana
contrary 10 law.
other portions of the opinion are the tolioW-
ing:
Ahuses of judicial process in the respondents
court b. second hand dealers in bringing ac-
tons and obtaining judgments upon which body
executions were issued without personal ser
vice Of process were brought to the attention OF
the italian Consul, who. together with promi-
nent Italian attorneys, presented the matter to
the respondent. ~ :, 49,
sI,sed for want Of knowledge of the law or or
full.
The respondent, while on the BENCH publicly
exercising judicial functions, has at times been
guilty Of conduct chas given, publicly, utter
ances TO sentiments not only highly undighfed,
but showing prejudice against classes of attor-
news and litigants on account OF their national
fly and also determination to conduct judicial
proceedings arbitrarily. and despotically and
wilfully refusing TO accord 10 parties, or their
attorneys, their clear. constitutional and statu-
tory rights
except the third, fifth and seventh. ninth and
thirteenth.
We are convinced that the respondent has not
the proper judicial temperament nor has he
proper appreciation OF the rights of litigants 10
have fair and impartial hearing.
The interest of the public forbids that his Of
fetal misconduct be condoneG and requires his
removal.
Maurice 3. Biumenthal, counsel for Justice
BoIte said last evening that he was not sure
* the case could be carried to the Court Of APP
peais, but il that could be done, there would
be appeal partly on the ground that the
appellate Division should not have sent the
cese to a referee, but should have heard the
testimony III the FIRST instance. An appeal, how
ever. VIII not stay :he immediate removal of
Justice Bolte from Office. Mayor Mcclellan will
appoint successor to serve until January l.
1906, new justice being elected for q full term
n November. next year.