New-York tribune., 1907-06-25
BUTTS VOTED DOWN.
HIS NETV RULE KILLED.
Magistrates DO Not Elect ana Nc
CLeLIGn Mcn to CLerkships.

Thirteen Of the fourteen magistrates at YES
terdays meeting Of the Board of CITY Magis
trates voted in favor Of a rule recurring those
in Manhattan to issue summonscs at their dis
cretion. Magistrate Butts voted against such
rule and made It known that he had determined
not 10 issue summonses. The rule was offered
because of the new magistrates actions toward
certain established customs in magistrates
courts, OF which the issuing of sumnonses was
one.
The so-cacG Tammany organization mags-
trates-Finn. Wahle Walsh. Moss and steinert-
by combining with the Republican magistrates
Whitman, Cornell. Crane and Rarlow-elected
all the chief clerks. the Tammany men taking.
four and the Republicans three. All the old Re-
publican clerks were reelected, but three of the
men named by the Tammany magistrates are
new.
Magistrate Butts offered the following resolu-
tton. and asked that it be referred TO the office
Of the Corporation Counsel:
First-Is there any form known TO the Code Of
Criminal Procedure a summons?
Second-Has a magistrate of the magistrates
court OF the city of New York any legal right
power OF authority TO issue summons in the
ner and form annexed hereto against a person ac-
cused OF a crime before such magistrate?
Third-When person is accused of a crime be-
fore magistrate of the city of New York has
such magistrate power under existing law to sign
and issue any mandate except warrant?
balleTg ian flnn OBJECTED to the question
being referred TO the Corporation Counsel be-
cause he contended the District Attorney was
the proper one to ask opinions Of when a GRIM
tnal issue was IN doubt
Magistrate ButtS'S resolution was finally
tabled. President Whitman then ordered the
secretary to read a communication from the
Mayor II asked the board 10 consider an at
tached communication which had been mailed TO
the Mayor by G. G. McDuff, a publisher of No
115 Waverley Place. Mr.. McDuff told how he
went TO the Tombs police court recently while
Magistrate House sitting there as COM
plainant against prisoner charged with forgery
A clerk, described by Mr. McDuf as looking
like Cuban or a coored man. acted in a swell
headed, impertinent, insulting and buheaded
manner, and who because wouldn't do his way
seemingly 10 let the forger off. called thick
headed numbskull. I said, Thank you, sir and
went 10 the further expense of bringing my at
torney TO court.
I do not think" went on the letter such a
clerk should hold office, I write now because
learn from the newspapers that the clerks are
about 10 come UP for reelection"
There was much indignation among the nlagis-
trates on hearing the letter read. This COM
plant is a just and grievous one" said Presi-
dent Whitman. And the man who so acted
toward Mr.. McDuff should not hold office Such
treatment uncalled for and unwarranted
for ! understand that the man was held by
Judge House and later convicted by jury and
sent to prison
The complaint was referred TO the committee
on rules and discipline.
Then the election of chief clerks took place
CoUrtenay =. Kennedy, chief clerk OF the West
Side court, was reelected TO succeed technically
Henry P. Lewis, who goes out. Major Charles
J. Crowley was elected 10 Kennelly's place. He
is an officer of the Irish Volunteers. lst New
York, and was captain IN the 69th and at one
time secretary in the Tenement House Depart
ment. James McCabe was elected 10 succeed
himself. So were Philip Bloch and Eben Dema-
rest James F. Kennedy, a manager of a de-
partment in The Erie Railroad. was elected 10
succeed Ludwig T. Thomas. who goes out. Albert
+. Noigeneau, Tho was secretary to ex-Sherift
1iayes when he was Fire Commissioner was Sc
been i'll and unable 20 attend TO his duties for a
couple Of years.
James F. Kennedy lives IN Senator Frawley's
district He was secretary to the Deputy Com
missioner of Water Supply. Gas and Electricity
Frank J. Goodwin. Early this year Water Com
missioner O'Brien took Kennedy's place away
from him. giving IL TO anti Murphy man.
Albert F, Volgenau remained with Mr.. Hayes
until about a year ago. Fire Commissioner
O'Brien put an anti-Murphy man in his place
Major Charles J. Crowley was secretary of
the Tenement House Department. Commissioner
Butler gave his place last year to an anti
Murphy All Of these dismissals iarred
Charles F Murphy. The leaders Of the dis
missed men went TO him and asked that their
henchmen be provided for. Mr.. Murphy had
nothing TO give them. There was rejoicing in
Tammany Hall yesterday when the news went
around that these district favorites had been
placed at last.