New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-06-19
MAGISTRATES AND LAWS.

Our police magistrates always were SOME
thing Of a law unto themselves and In deahhs
with petty offences 1t is undoubtedly proper
thar tbev should exercise considerable dtscre-
ton They are the sole fountain OF justice TO
thousands Of people who need solomon 10
straighten out their affairs on basis or COM
mon sense rather than of technical law. Never
theIess, the administration Of law, so called, In
some of our police courts suggests the wisdom
of Solomon less than random guesswork and
IRRESPONSIBLE personal prejudice. The exercise
of discretion Is something entirely o1Herent
from the contemptuous brushing aside OF the
statutes and the substitution OF personal oplh-
ion as to what the law should be.
The other evening a young man VINO had
dined mot wisely but too wer' and young
woman whom he had met on the street were
srraigned In court charged with disorderiy con-
duct. The woman insisted that while she was
conducting herself in u perfectly proper man
ner the man had approached and insulted her'
and that the disorder, so far as she was re-
snonsihIe was merely that she was trying TO
get away from him. The man said that the
woman asked him a question, anu Whlle lie was
answering took hold Of his coat. and ne was
endeayortng not to have her detain him. The
magistrate fined them both. Now, If the man
did insult the woman, and she spent night III
cell and paid fire simply because she was
the helpless V1CIln Oh III aAihcl ic'c0A' IL ''.+S
outrageous If, on the other hand, she made
trouble for the belated diner peacefully "end-
ing his way home there was no sense in 1ning
him The Judgment Of the court does not seem
to decide the merits of the case, but distinctly
TO avoid them and infict punishment on general
principles.
few days ago Magistrate Finn had before
him q number of women arrested for conduct
ON the street in violation of law. He discharged
them all and lectured the police for obey1ng the
law He announced that he did not believe III
these arrests fines were merely tax on vice,
and he thought these persons should be segre-
gated. There are many moralists who hold that
opinion but the magistrate Is put on the pencn
TO administer Justice according to law, not to
make q new criminal code His view or the
law forbiddng streetwalking was Of no conse-
ouence and his attempt to enforce 1t, rather
than the statute upon the police as guide to
conduct was entirely improper. Unfortunately
II was not entirely unprecedented. The same
MAGISTRATE has also discouraged the endeavors
of the noIice to check the disorder Of boys In
the street The crap shooters have in effect
license from him. The other day boy was ar
rested for setting off recrackers in violation of
law. but was discharged and practically sent to
tell all the other boys that they could safely be
d;sorderIy The complainant who had been
Tfnred bv the boys mischief and In his pain
end righteous Indignation had slapped the Of
fender WIS fined. Perhaps that the due
,,aneJtv for te king affairs even much into his
own hands but 1t was no excuse for the pracu-
cal notice by Magistrate Finn to his constltu-
ents that he stood between them and the
forcement Of laws which they wanted to violate