New-York tribune., 1907-11-28
NIGHT COURT CHANGES.
MAGISTRATES' OPINIONS,
Recommendations Sent to Charter
ReUiSiOn Committee.

The committee on charter revision oF the
Board Of City Magistrates has completed A re-
mort to the Charter Revision Commission ask
ing that many material changes be made in the
composition. rules and jurisdiction of the police
magistrates. In the amendments to the Criri-
nal odeZAnement house act and charter pro-
posed by ~ committee it is planned that the
issuance Of srImmonses be legalized; that GER
tain changes in the night court be made: that
the jurisdiction of the magistrates be extended
in disorderly persons cases; that n uniform plan
of procedure against violations Of city and de-
partmentaI ordinances he adopted; that police
court clerks be authorized to accept cash bail;
that the number of magistrates be increased in
both the first and second divisions and that the
court staffs be increased accordingly.
4 most important amendment suggested IS
that the warrant issued by any magistrate in
the city shall be good in every part of the city
Another important suggestion is one providing
the election of a e-presdent of the Board of
Magistrates, the filling of the place Of the presi
dent Of the board during his enforced absence
by Illness or other causes now being unprovided
for. Other important suggestions along the
same lines considered in the report which
was drawn up by Magistrates Cornell Corrigan
House and Wahle, representing the first division
and Magistrates Gilroy, Hylan, O'Reilly and
Steers of the second division.
In the present paragraph concerning the es-
,ablishment of the night court it is provided
that the Board of Magistrates shall determine
the place and hours for the night session. In
the amendment proposed by the board this pro-
vision is ampliied as follows:
In such night session only persons charged
with misdemeanor or lesser offences shall be
arraigned."
The most important part Of the proposed
amendment just precedes this:
-arrant iSsued hv aDv CITY T1aeiStra te n
the city OF New York may be executed in the
county in which the same is issued, in any
county wholly partly embraced within the
city OF New York other than that in which the
same issued and the defendant
forthwith upon the execution Of said warrant
shall be arraigned in the county in which the
said warrant issued"
AS the law stands at present a warrant is
sued by a magistrate of the first division,
which consists Of Manhattan and The Bronx.
does not hold in the second division-Richmond,
Brooklyn and Queens. This presents the anom-
ally of practically forcing what amounts to the
extradition Of a prisoner from one part of the
city to another. AS an example of the working
Of the present law, Magistrate Wahle sat in
the second division not long ago in place of
Magistrate Connorton. While in court a patrol
man came to him for permission to serve a war
rant which the magistrate himself had issued
while sitting in his own court in the first divis-
ion. The rest Of this amendment to the char
ter. Section 1890 provides for the trial of per-
sons arrested for a felony, for the assignment OF
city magistrates to the night court, which is
the same in effect as the present law, and the
giving CT bail for prisoners, material changes
in existing laws being presented.
Another important amendment suggested is
that it be made obligatory for the court stenog-
raphers to take the testimony in every case
or acts as a committing magistrate and in all
cases where the defendant is held for trial, and
transmit the testimony taken to the District
Attorney. This will prevent the '1oss" of the
testimony adduced before the magistrate which
is not uncommon, and at the same time give
the District Attorneys office a complete sum-
mary of the case, which will aid it in both grand
jury proceedings and the actual trial. Cases
have been frequent for a long time where
magistrate has sent cases to the District At
torney's Office which by the time they got that
far had been changed from a most serious Of
fence 10 simple assault or less and with barely
evidence enough to press even the simplest Of
charges 1t is provided in the proposed amend
ment that the failure Of the clerk to provide
copies Of the evidence in such cases shall consti-
'-demeanor.
es of summonses has caused the
istrates much trouble. With one
or lions the board is and has been IN
favor summonses but the objectors have
thrown out all sumnonses issued by the other
magistrates when returned before them It
was to a large extent this disagreement that led
to the proposed amendment to Section 1893 Of
the charter, that the board should have power to
enforce its rules on each individual magistrate
the concurrence of a majority Of the board, as at
present, being necessary for the adoption Of any
resolution.
Another clause in the proposed amendment to
the same section, on the organization Of the
board. provides for the election Of vice-presi-
dent OF the board. The amendment proposed to
section $50 of the Criminal Code, relating to
summonses, provides that when magistrate
believes that complaint should be investigated
he shall issue summons It provides, in
the Massachusetts law, that any person failing
10 answer a summons in a reasonable tirne'
shall be considered in default and liable to a
fine Of 500 It provides that a person answering
a summons may be required to give recogniz-
ance for his further appearance, but shall not