New-York tribune., 1909-02-08
TO RELIEVE CONGESTION
REPORT ON THE COURTS.
Commission Estimates City Wife
DesertiOrs at 81, 900.

Albany. Feb. THE commission appointed last
year to inquire into the courts Of inferior criminal
jurisdiction in cities of the first class has fled
preliminary report with Governor Hughes, which
made public to-day. The preliminary report is
made at this time in order to recommend tenn
porary plan for immediate relief for the trial Of
in the Court of Special Sessions OF the First
Division Of the City of New York, and 10 inform
the Governor and the Legislature of the scope and
progress of the commissions work.
The commission is composed OF ex-senator Alfred
Page and Senator Thomas ?. Grady, OF New York;
Assenblyrnen James A Francis and Alfred E
Smith, OF New York: Assemblyman Charles F.
Murphy, of Brooklyn; Bronson Winthrop, Of New
York and John Alan Hamilton, of Buffalo. The
report says:
The c9ngstsd sondon 3 Of "a the 2 calender i., OF ths
mands Immediate reItef In view Of the present as
sgnmens of the magistrates of the First Division
porary relief can be obtained without the appoi9t-
tretes Tnef commission Is of the opinion that fo
Magistrates OF the First Division should be -5esg-
ali the judicial powers Of justices Of the Court Of
tb Frsi D2ison 10 until r Deoembsr 9 OF until
such earlier time as the justices Of the court may
hundred bail cases remain upon their calendar
Under such an arrangement the Court OF Special
Sessions can have two trial parts, one justice can
remain unassigned. TO be of Immediate service
such an act should receive the early attention Of
| promptly.
The commission submits a bill designed carry
| out its recommendations. setting forth in detail
the number OF subcrdinaes necessary. for the time
being. put the proposed plan into immediate op
GRAFTON. In doing the commission says it ''has
not desired to encroach upon the principle that
bills applicable the city of New York should
not be mandatory. but the form OF the bill seems
necessary. III view of the urgent need for speedy
| action
In making its recommendation the commission
| says It does not express its opinion to what
| It may ultimately recommend in regard to the
formation and administration OF these courts. but
considers 1t its duty the present pressing
| situation, whereby cases long delayed that
in many instances denial Of justice results"
The report continues:
The Chndren's Part of the Court Of Special ses-
in the Borough Of Brooklyn in is05. In 1907 Ii. rs
and IN I g GheFe baFere ih iT
Part IN the 1st Division, and in the Borough Of
6TTSEyiR app4oxyimael tn in ises rsspectvsly
Cases of abandonment and non-sqpport OF wives
: BY husbands are increasing in number II Is In
possible obtain exact statistics as to such mum
tbe @sgstrates ON sgmmonsss than on warrants
1t has been estimated, however, that there were
| oughs Of Manhattan and The Bronx in the year
1908 and upward of 5000 such arising in the
These cases present difficult problems The com
Guentiy in throwing the wife and children on pub
lie or pgyate 6aaFh{y thy bs6and and parent from
| his family. To reconcile husband and wife Is
marisrstes but under dicues due the large
! amount OF other matters coming before them Tor
| summary disposition
| ARRESTS FOR MINOR OFFENCES
Large numbers of arrests made each year FOR
violations statutes and ordinances OF reguauEe
| character Thus to briefly illustrate, there were
| arraigned in the magistrates courts IN the DO
| ouehs Of Manhattan and The Bronx alone 5l,o-S
6724 for violations of the sanitary code ana 3s TOT
violations Of the motor vehicle law: ,,
These arrests frequently visit undue haTQsnlP anu
humiliation upon reputable citizens. and Involve
great and unnecessary loss or tlnle OF ne persons
arrested and OF the arrestlng officer. II practl-
"a HE system could devised whereby such arrests
could be obviated and proper summons or houCe
/ could he given the person Onendlng 10 appear
the Following day before a magistrate or court
while at the same time the attendance or the de-
nubIic ofi1cals alike would be great and valuable
gain would be made in the time thus spent oy
police officers away from their posts and more I'm
such system however. must be carefully worked
o,,t and ssTeauardeG against abuses. Various
methods of dealing with this general subject matter
have been into practical operation IN some ol
ths large cities abroad, and the commission IS en-
jaa vori1e 10 obtain all the information possible
Ipon this important subject -. =.
the magistrates courts of Manhattan and The
Bronx being 37,324 in excess OF 1907. Wflle IN the
Eoronsh OF 6rookyn the total number OF arraign-
-ncne for 1909 was 5000 approximate. Peing ap-
Droximanly 700 than In 1897 or inns totai OF
- a. cases in Manhattan and The Bronx 122S07
cases came within the summary Jurisdiction OF the
magistrates As such cases are very rarely re-
viewed II will thus be seen that In a very large
number of cases the magistrate IS practlcaIy thS
court of last resort