New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-04-04

Board to Inquire into Inferior
Tribunals Reports.
APPOINTED MAGISTRATES.
No Judge Shall Be Executive
B.. Member of a Political
Organization.

Albaus. April 3.-Rccommcudatons LOOK
ing o. th,. botterment OF procedure govern
ing the ad l.nistratiou Of tho courts Of spc-
cial sessions. and 81 the magistrate courts
81 greater Now York are made in tie final
report Of the commission appointed 20 ii-
ouius into the courts 81 inferior criminal
jurisdiction in cities of the first class
-rausmittod 10 Governor Hughes. Bills
cnbodviug these recommendation viii be
promptly submitiSsI 10 the Legislature.
Although the commission had been urged
90 favor the election OF magistrates. it says
that Irrespective OF any arguments which
NAV DC advanced in favor OF the election
or anpointuHcnt q these judicial officers,
tho commission recommends the appoint
mont Of these officers as a necessary part
of the general plan herein outlined"
Perhaps one OF Tire most important rec
lamentations IS that no justice or Inagis-
sIate shall be an executive member Of any
political organization. The commission
SAYS.
~ is interesting TO note that many Of the
defects pointed out have not been due 10
lack OF statutory PROVISIONS, but failure
g observe them. We have called atten-
ion. however. 10 what we regard as cs-
Ecutial reCOinmend.l atoms looking To the bet
srI-nent OF proceed ure which begins with
she arrest and ends with the discharge or
the commitment Of rhe pTisOne-.
arrived AT iolIr conclusions with am APP
probation Of the fact that Laws alone can
mot compel intelligent and conscientious
administration. over and above all IN I'M
srortanco IS the Judge himself upon whom
depends. iu greatest measure. The careful
end wise disposition OF these thouSandS
OF cases dealing with people ard subjects
(which touch the 'ltN's life ~ every point
~ is not enough to discharge mechaui-
sally though COuscientiouSly the daily duty.
1sr tho Judge should contribute his share
a. tho study and the solution - the MANY
a.
- has. perhaps. greater opportunities of
observation than any Other pubic officer.
r1lo commission commends tho practices
governing The police court Of Rochester.
s.rd recommends that provision be made for
sHo temporary appointment hy The Mayor
Tor a period not 10 exceed thirty days of an
attorney 20 perform the duties 80 the police
1ud-e in the cyout " his sickness or other
disability. or 10 allow him reasonable
r vacation This work SIS now done Icy the
municipal court Judges. The commission
,-ouorts that no other changes are necessary
a. this timo.
As result Cf tho commission $ recon-
-roudstion a city court ~ Buffalo WAS
established last yoar. and other changes
V-ero made AZ the suggestion of the coln-
Emission.
Tho commission was authorized lv an
49, of 1905 supreme Court Justice Alfred
u Page. ~ Ncw York i- chairman. Tho
sftlor members are Senator Thomas J..
Grady. Asscmbl.mau Alfred D.. Smith. OK
Assemblymen James a. Francis and
charles r.. Murphy. and Bronson Winthrop
and John Alan Hamilton.
The Principal Recommendation.
Tho principal rccormendauous Of the
commission are.
Court Of Special Sessions-A court -
fr.,....T sessions for tr. city of Ncw York
having in the FIRST instance exclusive Ju-
E.-Hfrifnu DID, aI cases q fIi~d' ine.ilI"f OK
-riIfr Hf Violation or motor vehicle law,
Ir-i offence and ,c1 pleas of guilty for
violation of 'ho laws relating to tae proven
sion uf cruelty 10 animals
de- iEUated hy thc Mayor and fourteen d.
nociatc Justices. seven II whom SHAH n'
T.sidenis "f tIc territory roiunr.-"d ll'Ih
%. horou-be of Manhattan ANA The Bronx
and seven or tHe territory '"flTs e"a
within tle horouEHs II Brooklyn, queens
Iho present justices 10 De continued iu
office and tho additional Justices 90 Doe APP
pointed hy the Mayor within ninety days
az fle taking effect 81 the ACT
Tho chief Justice 10 have fun power 10
shslgn tID justices, and ID The a~~leIin.h l
feature 30 Doe permanently ~ ASST nmcul
and fitness for this particular work.
The appointment OF clNlllan pl'iail'h
onicers and civilian attendants and the
elimination Of police probation officers and
ponce attendants The chlcf justice 20 APP
point the chief probation officer
tIIlCrou. S. courts 10 Hc extended $50 ass 10
CouIulanerd clilGreu's courts iu the Dor
curl.s of Queeus and Richmond, transfer
ring that jurisdiction from ~" maEis-
sratcs 10 the Court ~ Special Sessions.
Power DOB the children. s. court 10 sIs-
pond q trial ~ any time and adjud-c tire
.IlId iu need OF the care and projection
If t.e state. ana IN any cent !ol 10 Pc Pc
'ull the conviction - cilla l"f eii si'l
switch il committed ~ an adult would bc
- felony, but 60 require that The conviction
- such case snail be Of juvenile de-ln-
THo. mandatory appointment boy the jus
7l,.,- of probation officers Tor rIe childrgu's
courts. 80 that, SO far ao practicable, chll-
siren shall Doe placed on pr"haion win
persons of like religious iaIih-
Extension Of tEe period Of probation tab
-.T children to tIree years, and within that
limit ID apply 10 children Tier they IaN"
reached tie age OF sixteen, ana to) Tor
AIaeistrates' CCurts-The magistrates
10 have, in addition 10 their present Jurls-
aictlOn. authority to impose sentence IN
cases where defendants plead guilty 10
Violations OF tle motor vehicle law. nrst
offence, and TO violations Of statutes for
1He prevention OF cruelty TO animals.
a board o. magistrates Tor tIc LIST and
for the - divisions. the former compris-
Bronx and tire latter tlo horOIEls OF
Brooklyn, Queens and Richmond
Do the isl Division, "a chief cltE 1naIls-
1rato and sixteen CITY magistrates, al sew
'uteeu residents Of the boIousLs Of Man
haitian and The Bronx
1rafo, selected from amy part ln SAID d.
vision. and 1en magistrates resident or
1Hc borough ~ Brooklyn, -four of The Dor
ougI of Queens ana Two 81 the borough
THO redistrfctiug Of the various mapis-
1ratcs' court districts Iu the TWO divisions
or nr before september j, 1910. Dog The
Nav0r tor the President of Tire Board OF
Aldermen on Tie designation OF "a"
division and The Police Conrnis-ioner