The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-04-07
DEUEL. MUST ANSWER CHARGES
APPELLATE COURT UPHOLDS THE
JEROME PETITION.
Special Sessions Justice Gets Ten Days In
which to Answer Clause About En-
EagIng I'm BuslneS Constitutional
Reply Expected to he Ready In n Week.

"".'S "
"h'cn " answer i"uSe Apu" E"'
sAsmg III busheSS ohs','u''ohS'
Nepi| ENpec'e" 10 he NeA"' III "eeh'
Tha Anne,,ata Division NJ the Sunrema
Court decided v,.sterdsv that Josenh NJ
Daual mnst anaver tof the cha roes CON.
t.ined in tho natition for his ,anova from
the bench of the Court Of Special Sessions.
Dauel's CONVENTIONS that fine p~etition was
FOO vague and indefnite and that his re-.
noyal on the charges would be uncon.
stitutional. are dismissed by the court
which prnnts him tom DAVIS in which 10
nrenare a formal answer
Tbe decisiop wos rendered per curiom
md unmmadr nm II hnIds that Inc uetition
n,esents a situation which the court should
49, a,.i.o,aaa - 49,, ,,nAa, ,h, ,ro,i.iou.
'a"e oosn'""ice o. 49, INC Nv
y ,ne .o""'i'"t'oh alu wy >n"t'ei' d
Justice of Special Sessions IS forbidden
to engage in any blsiness.
IT. .o,i,;a. 49,. all ~ o,,b
r"H ""' " ~" ~
ago ny Dlstrlct attorney Jerome as d
citizen, Edward NJ. Shepard and james W,
Osborne. Ii charged that deuel., in Vio-
lation of the stat,tes and Constitution
n,as ;,,a,oatad n,hiIa si.,inr 20 L,s,hoo
.""o -. ''''tS - "
IN the publication OF To,ch ropes ana that
lie mad acted as counsel Tor the Town ropes
Publishing COMPANY.
In confederation of the charges, Mr..
Cans submitted to the court the record
in the criminal uh.l nrocsediups instituted
Ly na,,aI o,nins, Nn,,,an ua,n,,aI o,Tt,r
r.J,".., 1T' ~ 49, H n '
VI ' o"' 't'"'g' "i"'n "'"outoeN uuS
ii i9 connection WIN i"N" ioP"S' inns
record contained Deuel. own testimony.
Deuels reply to the charges was a denial
that the charges were sufficiently definite to
give the court Jurisdiction and also a dec
~laration that there was nothing in the
statltes or Constitutiou to preyant him
Fror, ,aur a,, L,, .
VI eneas'"s ~ any n,9lneHS' 81 io's as
lie uld not heGiect ms OHlclal duties on that
account. Edward Lauterbach argued TO
this effect before the Appellate Division and
asked the court to decide that il had no
Jurisdiction in the premises or, failing that
10 REQUIRE the petitioners to file an amended
petition making specific and definite charges.
In its opinion, commenting on these con-
t~entions, the court saws:
The Court of Special Sessions was con-
stituted or continued by section COL of the
Laws of 1895. BY that act the police courts
Of the city of New York were abolished.
Provision was made for the appointment of
nine CITY Magistrates. and section - pro-
vides that the Mayor shall appoint five
Justices of the Court of SPECIAL Sessions of
New YORK. Shrt ION N DTuvl1pa
that:
o'ti nasI7lla'' Oh 'hs.'oe OF lht our
81 'pr'm' SESSIONS "ppo'n'ru pursuant 10
TINS ACT Shhil receive 10 his own use any lees
or perauisit"s OF once. nor shall any such
Magistrate or Justice hold any other public
Office. or carry Oh any business, or practice
as all attorney or counsellor al law in any
court in this State, or act as referee. but each
such Maglst rate or Justice shall devote his
whole time and capacity. so far az the public
interests demand, TO the duties OF his Office e
,n. a.,., 49,. 49,.
1ou,' men pontLs oul llut uiurr
Su ,o ! 49, 20 ~ "a tme pomdr 60 remove any
,olhihg theh 10 tne spec'nc case AT oar
''e opnilom CONTINUES.
w t"'mh Ia tnese chaIges present u
SITUATION "hicH requires tiat thls court
stouIu ,ake .oEninhnce ol theii' anu tlla'
~ ueie'iuah. nouIu ne requlreu tohNs"er'
ne responueht raises a point as TO the CON
stHItloS m OF tne provision lhat a Justice
u = !" nouir a. npectuL aessIoils Shuii ho'
.Lity a. ou1n.ess' ouC we lhh,k u ciear
en"r "W ssnfdad ."ah caeaIeu una.
~ 10 IN - - ~ 80 huamdJ appointnei'l
vi VI. y. s-so No" "u'iUiitf "
pt1.,ue ,oI u'e aLhta',o, Oh lne onstieF7
". " III ppDb;nai ~ en- 70 r Tk lhplr pro
thar rsn,,ired any u,rticuIar indiridnn1
to become u Justice of the Court of Special
Sessions and nothing that invaded any Of
the constitutional rights of any individual
but any one who accepted an appointment
az "a Justice Of the Court of Special Sessions
was bound to comply with the provisions
THE respondent can engage at any time
m M ll1aiIln-- TIM hn aaAy IN ~ Yaa,H N tV.,