New-York tribune., 1909-06-06
WHEN SCALES OF
JUSTICE WABBLE
pEN4LTIES vary FOR
SAME OFFENCE.
Depends on Which Magistrate Of
fender Faces Whether He Gets
Fine, Imprisonment or Freedom.

II can't keep my scales straight" said Justice
.,dly as she adjusted her eye bandage and felt
he- vsv out Of a New York magistrates court.
s1vbat is the trouble?" asked a sympathetic
friend.
.+a+es for the same offence" replied the goddess.
a. scales wabbIe so frightfuly that IL makes me
slzrv 10 think about 1t. I tried to get them fixed
AZ the bureau of weighs and measures, but there
.bsv told me that no weighing machine would keep
level under the unequal loads thrown into the pan
ny the magistrates"
Don't feel bad about it: your scales have al
-s,.s wabbed some" said the friend. reassurngly.
~Never so badly this, protested Justice. II
ro from court 10 court and find that am expected
- eouibrate the crime with a 81 fine sus-
-ended sentence, or IS or five days. probation
.sx months in jail 1t may be higher mathematics
.o harmonic these various sentences and call
Them equal. My old-fasioned balances won't stand
Tor It."
with some anxiety.
mo but I'm thinking OF getting rid OF the scales
and investing in roulette outfit Then may be
she 10 vir of penalties that VIII match the crime
sna the mood the magistrate. Anyhow the vic
fins Of the wheel viii know that they have fair
gambling chance"
A magistrate 10 whom the plant OF the bandaged
Goddess was referred intimated that Justice was
talking through her fet. She could not see the
faces OF the accused understand the infinite
variety OF circumstances which differentiated cases
snna-euty Educated In the narrow
,snets Of the Criminal Code she was mised by
rer rassion for abstract equality The desire for
mathematical and procrustean administration OF
the law was a mistake. An ironbound uniformity
yould sacrifice the spirit in favor OF the letter,
would eliminate the quality Of mercy and would do
Ear more injury than good The severity of judge
hse ,s legal limits while any leniency that he may
.bovy IS from the humanitarian and progressive
point Of view, much pure gain Do not ask
whether Ieniency flows through accident or good
digestion: II profit he declared.
Nevertheless the administration OF Justice IN
New York magistrates court is almost as varied
and picturesque that which obtained IN the
caliuh's court at Bagdad-barring such Items as
~Take OF his head Immediately" and Let the pris-
orer be rewarded with a purse Of gold and the ac-
cnser beaten on the soIes Of his feet" It is raw
secracle 10 the uuinitiated- In cases the un-
supported testimony Of policemen consigns pF1s-
oner 70 the workh9usei in others the ability OF
re,cs,nan 70 know the of beer is discrediteo
line Of -'dr1Inks" rasses over the bridge and the
magistrate snaps fines ranging from IL TO $40.
The penalty for a workingHlan who calls another
"'scab" may be six montas in JAN, while a wire
heater may be dismissed with a reprimano one
prostir,e goes 10 the island, another gains her lib
erty probation.
CIRCUMSTANCE ALTER CASES"
A faint s1i1lrner OF method underlying diversity
of i1dicial treatment may appear the spectator
who IS versed in economics and else Is the mag
tsrate fresh from his two weeks vacation? Is ne
tired Al The end of the afternoons work and in a
rnood 70 Cl3astise offenders with speed and sever
-iv7 The magistrate himself says he has sys-
tzm which guides his apparently erratic anc cha
,.F1c designs For example. a drunk arrested IN
she morning is harshfy dealt with on the theory
ta. no decent citizen will carouse In working hours
Te,,. an evening iag IS somewhat excusable and /
merits only 3 small fine The neighborhood in /
which All offence is committed counts for something
Freet walking in q respectable avenue Is apparently
considered than when practised In a sporty
Z brsx N uiE
IN broken heads IS held 10 be comparatively on q
par with z genteel quarrel uptown There is also
the question Of punishment already received by the
prisoner al the hands OF the clubs Of the police
aad tie tine he has spent in cell previous 10 ar
rsignrnen-. The experienced Judge is said to size
Up prisoners by many tokens. visible and unseen.
which aid in determining the penalty The facul-
ties OF intuition and mind reading come into play.
Every magistrate IS his Mdnsterberg. and he
has the power Of transating his mental deductions
into terms OF punishment
That there is sort OF consistency in judicial
treatment is alleged TO be SHOWN by the fact that
about half OF the magistrates are known 70 habit
usl offenders hard Judges" and the other SIS
'sasy Judges" Among the alleged hard" ones are
accounted Magistrates Barlow. Corrigan, her-
nochan Cornell and House. while the easy list
includes Magistrates Breen. Finn Harris. Steinert.
Butts, Walsh. Herman and Moss. Magistrate
Crane Is said to be in separate half and hair
class II there is any profound basis for the hard
and easy categories Il would seem 10 be a radical
difference Of opinion between the social and indi-
Vidual view Of the malefactor. The average male
factor may understand the philosophic grounds
for divergence in magisterial treatment, but he
knows the concrete fact and he sometimes takes
pains when captured 10 he arraigned before what
ee considers liberal minded dispenser Of Justice.
u was suggested in thu recent Page legislative In
curry that the police blacl1mail of street women
must languish when easy magistrates on the |
bench and must flourish during the dispensation of
teVere Judges. In the former arrest means
small hne. less than the amount OF extralegal
tribute in the latter circumstance, jail sentence
hApends. and It IS worth considerable tribute 10
sFeid being taken to court. Right here the con-
scentiously severe magistrate must have quaims
as he reflects that effect of his policy is to
.shrieh the bluecoated vampire
When judges as committing magistrates in
hlsdemesnor and felony cases their decisions are
tsld to be generally alike. in these cases. when
there is enough proof. the defendants are held for
epecsl Sessions for the grand jury. The Dis
f1ct Attorneys office which is interested only I'm
the prosecution Of such offences, has complaint
against the magistrates action 1t is in summary
jurisdiction that widely divergent treatment is
'cano The term covers disorderly conduct, intoxi-
cauon. Tagrancy. violations OF corporation ordi-
nances and the Bottle Act. and transgression OF
sOane sections of the sanitary code. Intoxication
= punishable with a fine up TO SO or five days in
ue Eorkhouse. with a cumulative sentence for
iepettlons Of the offence. until the sixth jag
eatalls mandatory commitment OF six months
DSoroerly conduct has three penaltes-a fine not
@oeeding SO commitment TO the workhouse un-
q lss cumulative a bonding for good be-
sSNoT, which last is acknowledged farce
'egnney has a fixed penalty of six months in
'e-l but the magistrates frequently discharge
egssnts on the application OF friends after they
nave heryed twenty days Imprisonment. ANY sum-
sAsfy jurisdiction may be appealed TO the
Soort Of General Sessions. which may sustain or
teferse the decision of the magistrate or order a
new sFlaL Previous 1855 it held to be the
sonsttutonsi LIS right Of any defendant in police
'1rt 70 demand jury trial To-day the mags-