New-York tribune., 1907-06-19
BUTTS in TROUBLE.
Neso Magistrate Puts Colleagues on
Edge 7cith Reforms.

Figuratively speaking Magistrate Butts Is GO
ing TO be spanked and then stood up in a corner
by his brother magistrates. Magistrate Butts and
the judicial robes arrived in the police courts
about the same time. hut the magistrate has
stirred up a lot Of trouble. First he refused TO
follow the time honored custom Of issuing sum
monses TO settle neighborhocd rows; then he for
bade the police court lawyers 10 hustle for clients
in court and made them sit on the moufhers heicl
inside the rail. Last Of all, he sent Charles T.
Sholes 10 jail for four hours when that wealthy
and influential citizen failed TO have hondsman
at hand SO Magistrate Whitman, president Of
the board. has called a special meeting for this
afternoon In the West Side court 10 curb MaEis-
trate Butts and his desire for reform.
Magistrate Whitman and Magistrate Harris Wis
tied the West Side court and were much dspleased
when they that the room devoted to their
board meetings was being used as pen because
OF the aboshment Of the string Of prisoners from
the prison to the bridge. 1t was warm. and the
prisoners in the West Side court belong for the
greater part tho great unwashed-
The police took their cue from Magistrate Whit;
mans sniff Of dispeasurc. ''Icn, I'll never bring
another prisoner 70 this while this continues, :"
said one patrolman. Nor will l." chorused few
others.
ing counsel go behind the desk necessary
business. which keeps the bridge clear. No one
else has done this, the magistrates frown
severely On the practice But It was what Magis-
trate Butts said about the issuance Of summOnses
which cut deepest after all.
Il don't to make any comment on the act
of a fellow magistrate" said Magistrate Charles
Stewart Whitman 10 the reporters, but OF
course I resent any branding the issuance OF
summonses as a delusion. a fraud, as
you quote Magistrate Butts saying. The issuing
of a summons is a custom which has been in ex-
istence more than twenty years. It is a custom
a necessity-of prime importance to the proper ad-
rninistration OF justice in a magistrates court.
This is not a meeting called for tomorrow after
noon but q special conference. We are going 10
see If the courts cannot be conducted with uni
formity.''
Magistrate Harris said Me. too TO all of the
president's remarks
Magistrate Butts. all unterrifed by the impend-
ing storm defed the lightning by excaiming just
as Magistrate Whitman spoke: 'Summonses are
issued for coercing and threatening There is dis
honesty and graft in this court, and am going
to stop 1t
After court Magistrate Butts presented another
apoloey for his new rules. With the almost mimi
table style and emphasis Of Commissioner Bing-
against the indiscriIninate issuing Of summonses.
when l first realized that summonses were an
evil he went ont Il decided not TO issue any. This
is not the rule OF the magistrates courts. but Of
my court The line of prisoners horrible
spectacle for any 10 witness. / have abolished
that line of poor unfortunates, and L hear each
case separately. The custom has been for people
leve the public has right to see the proceedings
of the court.
II know what II all means" Magistrate Butts
went on with some asperity. Some one has said
that I am playing to the galleries. l am too old
TO play to the galleries.
.aThere is an old rule OF English law which is
being forgotten in this country and especially in
a prisoner is innocent until proved guilty. But,
by God that rule has been reversed in our magis-
trates courts
at stand for decency in court. Magistrates have
NO right TO issue summonses. If 1t is good Gus
tom let the Legislature make IT a law"