New-York tribune., 1907-11-28

De required to give surely upon his recognZance
at any time on such prosecution without a spe-
cial order
Section 30 Of the Criminal Code relating 10
the powers of criminal judges to issue warrants,
mas proposed amendment conferring the same
powers on a city magistrate Another amend
ment, relating TO violations of the city ordi-
nances. provides that every person violating any
ordnance or municipal regulation shall be guilty
OF dlsorderly conduct and fined accordingly. 1t
Is proposed to amend the tenement house act
so that persons violating its provisions shall be
open TO trial before a city magistrate This will
save much trouble to persons arrested for minor
violations of the act. such as keeping a chicken
in the cellar. not uncommon practice on the
East Side
AS present laws go a man who neglects to
support his family, although he is earning a
few dollars week may be prosecuted. but
the laws cannot touch the man who does not
work but remains at home and let's his wife
work for him. To offset this premium loaf
ing an amendment is proposed to section 6S5
Of the charter, relating to the maintenance OF
abandoned wives and children. This amend
ment would also give the magistrates more
power to deal with parents of delinquent chill
dren. It reads that any who abandons his
wife or children or both without making ade-
quate provision for them, cor who threatens to
both, or threatening to abandon,
fails to make adequate provision for their sup
port and maintenance. who. without aban-
doning his wife minor children, or both. and
Notwithstanding adequate provision for the sup
port and maintenance Of such wife and chill
dren, so conducts himself as to make continued
habitatiOn with him a menace to the health or
life Of either the wife children or both. is a
disorderIy person
To make it harder for the man who deserts
his family upstate and is able to live here as
irresponsibly as he chooses without being trou-
bled by the court. it is planned to amend the act
further 10 make it possible to make application
for warrant for such a person before any
magistrate in the borough in which the disor-
derry acts took place. or in any borough of the
city in which the defendant may happen tn be,
no matter in what borough or what county in
the state the offence was committed. In such
cases it is proposed TO make it obligatory upon
each magistrate to make final disposition of the
case which disposition shall be made binding on
both parties for a year unless reversed on ap-
peal or set aside by the magistrate on evidence
warranting a trial in courts OF record.
This last clause is suggested TO do away with
the present confusion in such cases. where one
magistrates rulings often set aside by the
magistrate who follows him in the court where
the original case was heard
Somewhat along the same lines are the amend
ments proposed 10 both the charter and the
Criminal Code concerning commitments in
abandonment proceedings These amendments
provide that when any person is ordered to pay
a certain amount to his family he may give
bond that he vii; do 50. The amendment
further specifies that when a person under such
court orders fails TO make the payments.
whether or not his family is a public charge,
the Commissioner of Charities may 10
recover the bond. II being only necessary TO
prove that the defendant neglected TO make the
payments. Under the present provisions OF the
laws on this subject the bond cannot be recov-
cred, although the delinquent husband or father
may be sent TO the wOrkhouse or to jail.
It IS also proposed to put trials of violations
Of the Health Department orders within the
jurisdiction OF the magistrates. 1t is further
provided that whenever complaint OF such vio-
lations is made to magistrate he may order
the arrest of the person against whom the COM
plant is made, and If the evidence warrants
it hold the defendant for the grand jury.
The board wishes six additional magistrates
IN the second division, fourteen to be in Brook
lyn and five in Queens. No increase is asked for
in Richmond. where there are now two magis-
trates. At present there are fifteen magls-
trates in the second division and sixteen in the
first An increase in salary also is wanted. This
increase, If each magistrate received the max
imum sought would amount to a little more
than $4,000 yearly, increase of $1,000
yearly is proposed in both districts. The salary
amendment provides that a magistrate in the
first division shall receive not less than $1,000
more than 50 600; not less than $4,000 in
Brooklyn and not more than $4,000. and not less
than 5000 in Queens and Richmond and not
more than $1,000. The pay of each magistrate
in each of these divisions shall be the same.
The act also places the fixing OF the salaries
with the Board OF Estimate and Apportion-
ment.
1t is also proposed to increase the bond OF the
clerks of the courts to $4,000 from $1,000, and
to give them authority TO accept cash bail. At
present they have not this authority, and those
who have need 10 be bailed out and have the
money but other security. cannot deposit the
cash bail after the closing OF the Office of the
City Chamberlain at o'clock Other proposed
amendments deal with the increase of staff OF
attendants, stenographers and others made nee
essary by the other amendments. and the sup
preston Of disorderly persons in the courtroom
and their punishment for contempt.
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