New-York tribune., 1910-03-10

T.esc a-e a few of the precepts laid
f,rg hv MAYOR Gaynor FOR the guild
-ree II city magistrates. He wrote
GA -esterdoy to Moses J. Harris. of
*, - 81 street. Brooklyn. IN appoint
;rr him city magistrate 10 succeed
II.rs- :. f'uIlong, VINO has been con-
1ie'.G of bribery.
ravor Gavncr declared the city had
ro,ac Of the finest as well as the worst
.ijr magistrates and that it vas high
:,ule the appointing power TOOK note of
i7- conduct Of some of them.
i5c declared he would have Instances
nero magistrates treated lightly COM
rls.r-s Of disorderly conduct against
7.ar7rn and violations of The excise law
r-czenteI 70 the Appellate Division in
,ases for the removal of the magistrate.
go Gcnounced such trifing as fool
cries
JIG tod Magistrate Harris to see to ii
rn.i arrested persons were not dis
...laed when they should be held. 1T
is CRY discouraging to the police" he
-a-d TO have magistrates discharge
prisoners against whom ample evidence
minor offences
Tn regard TO excise cases he said that
hiskev did not have to be proved 10
Hc vhiskey, if it vas sold as such. in
oder to secure a conviction. He wrote:
III seems TO be a common thing 10
discharge a liquor dealer against whom.
The evidence is that 4 person ordered
vhiskey Of him and that in response he
furnished something as whiskey. II is
said that this furnishes no evidence that
the drink was whiskey. which entirely
cvcrlooks that the production of it as
7hiskey by the defendant is an admis-
sion by him that il was whiskey. 1t is
not necessary 10 have 4 whskey expert
testify that II is whskey.''
Some "FooIeries" Illustrated.
r Eegsr1iIg disordefly women. he wrote:
IF an officer sees 4 woman in the
s;rcet ogiing man after man and speak
iig 10 them. and arrests her as q dis
orderly person. il is depIorable to see a.
magistrate discharge her on the ground
rat as the policeman did not hear what
she said 10 the men there was no eyi-
denec that she solicited. Her actions
arc evidence Of u sufficient TO put her
70 her explanation or defence. Words
sre rot necessary. I could multiply
such fooeries. but these suffice FOR illus
iration
i intend TO have all such cases re
lcrted 10 the Police Commissioner. and
t. him 70 this office. TO be presented TO
ue Appellate Division Of the Supreme
Court through the bar association in
reses fer the removal Of such magis-
rates"
Eeeuninc his letter to Mr. Harris,
ih' Mayor Hrote:
J an selecting you after much care
n sUcceed Henry ]. Furlong as magis-
i''fe ia Brooklyn Borough. Make res
"ptfon a the time you are sworn in
nrH.r % allow Yourself 10 be moved by
l"i"eai Influence, or any improper in
iF7f-rence. iu the discharge Of the duties
'' your Office. Let the case of no one,
however humble or unfortunate, go by
ON rithout careful attention. BE not
'fed with Your powers. which are very
S-ai and 8pt 10 turn ones head but
'.'e and patient. DO not convict
Gle urheard. Since ] have been
'J>'t my attention has been called 10
's-"s ri offhand and ostentatious con-
''''"l, r humble persons ny magiE-
rs which were gross wrongs. I sent
retary 70 copy the record in two Of
Eases and found that 10 evidence
"'7'eFer was tallen"
Sc Broad, Good Man"
-nding his letter the Mayor SAID:
FL the administration Of the criminal
'he natural conclusion from given
i.te - facts is just as permissible is
~ n- - tlle affairs of men When mag
'-'r-ies lose sight # this. or are too
j@rrow minded t. comprehend il, tho
''H heir o4!,o into rldicu'o and dis
'~' Bn "a broad good man and you
-'' ae great nlagistrate. and snail
WAYS he glad that ! appointed you.
tfis for more than you. for ! be
r D. s high ti0se that tic appointing
'.f take note of nc conduct Of some
''r magistrate"
Harris Was porn ia brooklyn iuy
ego lie was graduated from The
= of the city OF New York and the
ea'nb.a Law school. Hc has practised
-n Brooklyn for twenty-five years,
Once being lately 1T No. 10 Mon
1e. str@et Mr Harris is secretary OF
hiEGs County Bar Association and
aS'rrr OF the Hebrew Orphan Asylum. 1
pas @lppint@d 10 serve out the term
"i- uri9ng. which expires on May l, I
f-.a. 4 nan