New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1908-11-25
COURTS OVERCR0WDED
,SpecioI Sessions 5000 Cases Behind
In Its York.

II developed yesterday the first session Of
the commission appointed to inquire INTO the
manner which justice is administered IN the
inferior courts Of criminal jurisdiction in cities OF
the first class" in this state that the Court oil
Special Sessions in Manhattan and The Bronx IS
some six thousand cases behind IN its work by
reason Of this fact the enforcement Of the liquor
,ax and automobile speed laws IS practically null
fihed so far this court goes This Is oecause
lioucr tax cases which involve the forfeiture OF
the license are not reached until after the incense
has expired and defendants in automobile cases
frequently come up again before TWO OF uniee
--e,o,,s cases AGAINST them are disposed Of This
makes # necessary 10 class the last case as rst
offence whereas the penalty for third ohehCe
may be imprisonment
The commission consists If two members. ap-
roirted bv Governor Hughes-Bronson Winthrop
snd John A Hamilton of Buffalo: two appointed
bv the Senate-Senators Page and Grady. of New
York and three appointed by the Assemhly-Asserl-
hl1-rnen Smith and Francis Of New York, ano NUT
INV Of Kings Senator Page is chairman ana
FORMER Attorney General Julius VI. Mayer has peen
chosen as counsel. The scope Of the inquiry IS
broad and 3 member of the commission YESTERDAY
eaid that in addition the line Of inquiry ialo
down by ,her they stood ready to investigate any
charges Of abuses -niscarriages Of justice COM
sns from a responsible source It is possible that
gone interesting developments may come from
an INQUIRY into the working Of the night court the
handling Of disordery cases. charges of favoritsm
the part Of city magistrates and other aliesd-
tions that have been made by various persons from
time 10 time
Justice Willard H. Olmsted, of the Court Of spe-
cisl Sessions, LIST Department was the sole witness
yesterday. The inquiry was shaped toward dis
covering the amount work done by the individual
members. Of the court by tire court body, the
number Of cases that are disposed of in year and
the extent 20 which the court is behind in its work
1t was evident the trend of the questions that
the members OF the commission are trying to dis
10
Snecisl Sessions Of Sorne of the work now per
formed by II by having it done by the magistrates
courts
Justice ornsted estimated that the court was
now about six thousand cases behind and that II
would take seven months 10 clean up the bail
cases alone supposng that no other work came In
E- had figures showing total o. 55O4 cases IN ar
resrs on October 5 OF this number l612 or little
less than one-third, were liquor cases, and l4lI,
or & little than one-auarter, were automobile
cases The other cases were classified as follows
Miscellaneous. including petty larceny and moral
turpitude. 1883: dsordery house, -; factory and
bigamy. 10; medical and pharmaceutical "a sanl-
tary code. "a: cruelty 10 animals. $50
OF the cases in arrears one went back far as
1895 Justice Olnlsted said on october there were
SIS sets Of dating from 1907 but some OF
ihem had been cleaned UP since.
Justice Ornsted said that ordinarily each justice
cat for two months running and then was off for a
month When sitting he the bench for five
days IN the week. except from the last week in June
TO the first week in September. when he sat for
only three days a week OF the six justices Of the
court three sitting IN the general term, in
the children's term and two were Of. Assignments
we're made according TO the rotation system
II developed that within the last six seven
months the Of cruelty To animals had IN
creased TO a remarkable degree. II vas attributed
70 the rivalry between the American Society for
the Prevention Of Cruelty to Animals, which has
been in existence for many years. and the New
York City Humane Society. which has been organ
ized within the last years
Explaining why liquor tax and automobile cases
we're allowed 10 accumulate. Justice Olmsted said
they believed that Of larceny and moral turpi
tude should have precedence. All bail cases. Of
course we're tried first. because If they were not
the jail would not large enough TO hold all the
prisoners
Asked IL there was any discrimination in the pen
atty inflicted proprietors Of ordinary disorderly
houses aud proprietors Of licensed hotels convicted
Of Ike offence Justice Olmsted said there
In cases Of houses long established" he said. In
neighborhoods where they have existed for some
tine fine Of SO is imposed for the first offence.
or, in fragrant cases from 80 TO $3.50 In cases of
hotels he penalty is usually light. This is be
cause the FUN legislative penalty Is forfeiture OF the
license and the bond which is exceptionally
Justice Oln1sted said thought that violations OF
the sanitary code Of the automobile ordinances
now brought The attention OF the Court OF Spe-
ciaI Sessions might just well be passed upon by
the magistrates courts.
Since the law a 1904 which provides that the
complaints be drawn up by the District Attorneys
once the court had been able to dispose OF more
work Justice OlInsted said. This due the
fact that prior this it the fashion for court
clerks TO draw up complaints to which successful
denurrers could be brought
The witness declared that the large increase In
excise cases in the last year was due to some
tent TO the increasing number OF shake-ups in
Polioe Department, which put it TO the police
make good
Justice Olrnsted said the Court OF Special SEES
elons might be spared the investigation Of many
assault cases II the city magistrates exercised d
little more patience IN the performance Of their
euty.
The hearing viii be continued in the Aldermanic
chamber in the CITY Hall az II a to-day.