The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-03-27
DEUEL. FILES HIS ANSWER.
HOLDS THAT HE HAD 4 RIGHT
TO BE INTERESTED IN hi SINESS
And That the Clause or the City Charter
Regarding Justices OF Special SEES.
slOns Is Unconstitutional Makes q
Request for More Detailed Charges.

The answer of Justice Deuel. to the
petition for his removal from the Special
Sessions bench was aled yesterday with
the Appellate Division of the Supreme
Court, AT the same time his counsel, Ed
ward S. Lauterbach. filed his brief on the
legal questions raised. The courts decision
is not expected before Friday.
The answer and brief show that the main
fight is to be made on the constitutional
phase of the application for Deuel's re-
moval. The petition il bas ed on the section
| Of the city Charter in which Justices Of
Special Sessions are forbidden to carry
on any business
Referring to this section, which Deuel.
and Lauterbach denounc as unconstitu-
tional, the brief reads:
The prohibition Of the Charter that the re-
spondent shall not carry on any business Is
unconst itut ional unless qualified by the re-
qIirement that each such Justice shall devote
his whole time and "a paCity so far as the puU-
lie interests demand to the duties Of the
Office" The legislative intent manifestly ia
that the public interests shall not suffer by
la kitty or neglect on the part Of the judicial
Ohlcer.
The suggestion that the Legislature in
tended that the judicial Officer having fully
and faithfully performed all OF the duties of
his Office that the public interests demand
should be inhibited from having cny private
interest or activity in his personal and nom
judicial life is not TO be entertained.
The attention Of the Court Is called par
ticulerly to the fact that the requirement OF
the Charter il NOT that the respondent shall
not be Interested in any other busin ess. 4" but
that he may not carry on any business.
The distinction is vital. In the one case the
respondent is prohibited from investing any
OF his income in any industrial undertaking.
such as the shares of railroad. manufacturing
mining, real estate or other corporations
Under such a construction virtually the only
Use that he could make OF his surplus income
would be TO deposit 1t in a saving banks.
On the other hand. the Limitation that he
shall not carry on" any business II in
tended TO be read with the requirement that
he shall give his entire time and capacity to his
judicial duties so far as the public interests
require Ia an entirely reasonable one, for
manifestly no man can carry on a business
and give 1t the time and attention that any en-
terprise requires without neglectlng duties
such as the respondents.
The brief goes on to point out that there
is nothing in the petition to show that Deuel.
did anything more than become interested
in a business.
Article vi. Of the State Constitution
the brief says declares that no Judge Of the
Court Of Appeals, no Justice Of the Supreme
Court and no County Judge or Surrogate
IN any county the population OF which
exceeds 10000 may pracuse as an attorney
or counsellor IN any court OF record OF the
State or act as q referee. -lhls- article
also empowers the Legislature 70 impose
similar prohloltions on county JUDGES
and ~Surrogates IN other counties; IL ID
evident. Mr.. Lauterbach argues that the
intent OF the Legislature was TO stop there
Hence no such prohioition attaches 70
constitutional court: .
In the answer filed with the br1ef, Deuel.
contends that he should not he required
TO defend himself against the charges, on
these grounds: