New-York tribune., 1907-06-20
MAGISTRATES IN CLASH.
Board Meets to Put Butts on the
RQcEc-COmmittee to act.


them in the West Side court, did not take kindly
TO the rebuEes he received when called before the
full board Of magistrates at a conference held IN
their room there yesterday afternoon. He persisted
in his declaration that the issuing of summonses
was illegal and an abuse of power on the part OF
magistrates. He used such strong language that
some Of those present protested
Magistrate Wahe referred &c the stand taken
BY Magistrate Butts as being that of a man or
pristine views and virgin industries" Some OF
the officials talked vigorously in referring to the
new tangled notions" of Butts. but after IT was
all over they tried to make him see that II VS.
all meant a kindly spirit
MAGISTRATE Wahle suggesed the adoption Of some
rule so that the uniformity OF the proceedings Oh
~ courts woud survive the latest addition to the
board The suggestion adopted and the Ques-
tion vas referred 70 the committee on discipline
and rules. with Instructions 10 report at the reSu-
oF Magistrates Crane, Walsh ard Steinert, and
MAGISTRATE Butts added temporarily.
While Magistrate Butts was trying 10 defend his
stand against summonses he declared th;3t not
only were they abused, but that they had also
been hawked around the streets Ior price.
Bring charges! That is a crime!" said Massls-
trate Whitman Cite your information"
"A member of the Board of Magistrates told me-
said Magistrate Butts
Name him. Name himr', cried MS fellows in
unison. ~ .n+
the incident happened long ago, and the TnaSls-
trate whose name signed to the sulnr2ohseS
was not 10 blame. Some one attached to his court
Magistrates Kenochan and t}nn were Ii, Ile o.iLs
atsentees when Magistrate Whitman called the
conference 20 order. In explaining why ne caileu
II deemed it advisable TO take immediate action
on = question that has arisen Whlch must De
soUare!v met I mean the issuing OF suhiIluhSeS.
N-hiIe Inc issuing of a magistrates summons mas
no place in the Penal Code. II Is an apsolute neceS
sity where minor offences are at issue; II Is one one
of the best features of our courts Where minor
charges of the Society for the prevention VI
Cruelty 10 Animals. the Tenement House DeIltIt-
IL -, 1ha oar 4 a
are brought before q magistrate, SUMMONS IS al
wsvs asked for and granted. 1t would ne very
serious hardships. crime at tunes. 10 ISSUE va ~
rant when a summons would serve !ahe ll7
mother of truant boy. Under the strict inter
pretaton Of the law Judge Belts would arrest her
on warrant. The issuing OF suhhlohseS Is tte
most valuable and most efficient method IN uis
court This conference is called In an absolutely
kindly spirit. l would not reflect on any meme
Of the board But very serious mistake has beer
made in saying that the summons Is snare.
deIUsion and an outrage upon the public, and
want TO be put record as emphaticaIy as poSsi-
bic that the issuing Of summonses as practsed IN
New York for over forty years IS most usetul ana
absolutely necessary 10 the proper cohouct ol Il
magistrates court
President Whitman then quoted the legal au-
thority. giving the Board of Magistrates power TO
make rules binding upon the members lhdiNldualiy
and collectively.
sllrnrnonses." said Magistrate Barlow. and no
complaint to the present day or objection have
heard against the practice The Illumination ana
degradation of arrest is spared by the issuing OF
a summons If we give up the Of the sum
mons Veil have to treble or quadrupe our war
rant servers"
give advice. I grant that there has been misuse
OF sumronses But It is entirely the fault of the
magistrate have found II unwise TO give sum
monses 10 lawyers unless their clients We're with
them The practice was established by men who
studied the matter long before our time by men
who were before us and studied men
I've known summOnses since 1911 said Magts-
trate Crane "and have found them Of immeasura-
bic good among the poorer classes Stop issuing
and would turn the entire poorer
classes strongly against the magistrates courts
that YOU would be deafened by their howl. In ad-
diton, 1t would create necessity for sixteen more
magistrates and as many courts. The issuing of
summonses IS the most beneficial process in our
courts II IS implied in our rules that they be
used. We cannot get along without them"
Magistrates Harris 6teinert. Moss Wahle, Breen,
Cornell and Walsh added their testimony as 10 the
value or summonses and then MAGISTRATE Butts
called upon defend his attitude. He pulled
himself together and said:
= not dismayed by the unanimous sentiment
Of the judges present II IS admitted by all except
two that the issuing of summonses is not
ranted by law 1t is also agreed that there is no
mons any forcs Of law. If you viii look ut the
charter OF Greater New York you will find that the
magistrates courts empowered To make their
own rules. but not 20 arrOgate 10 themselves the
power to bring any one before them without due
process Of law. II you have established a rule
giving 10 a summons the power to bring man
before you, for will dissent. If you, as yoa
say, issue summonses in order TO settle private
wrongs and petty differences. 1 reject them You
have just spoken of issuing a summons for a
Prominent man instead Of a warrant"
For moment Magistrate Butts paused Then
he resumed:
"I want to know" he said. IF man prominent
because of his social business or political connec-
tions has more right consideration before
magistrates than poor men? You have established
that rule. ! reject il. Why, I have heard Of sum
moEses being grossly misused." Then he added his
charge about summonses having been hawked
around the streets. In reply TO question by
Magistrate Whitman Magistrate Butts said he
would issue a warrant for the mother Of truant
boy rather than beyond the law and issue a
summons
At this point Magistrate Cornell broke in to say
he had TO keep an engagement. 4 have borne with
Magistrate Butts for some time" he said, but
there IS one thing l won't stand for. He says a
summons is issued for a because he rich or
socially prominent l repUoiate thai. and say there
is not magistrate in New York who would be
actuated by such disgusting motives
The conference adjourned after the question had
been referred 10 the committee discipline and
rules.