New-York tribune., 1912-03-04
SUNDAY SENTENCES CO ON
Some of the Magistrates, How
ever, Bow to Appellate Division.
RULING NOT YET IN HAND
Herbert Relies on Previous De-
cision Allowing Sunday
Court Sessions.

vach magistrate in the city interpreter
the law regarding Sunday sentencing yes
terdav according TO his individual lights
Some, since none Of them had reCc'''u
copv of the opinion rendered by the APP
pellate Division OF the I'd Department
iudging Sunday sentences Illegal, went
right ahead imposing fines ana senuiie
culprits 10 the workhouse. as usual Wnie
others held court hut did not PumSh' anu
still others would do nothing but hear ap-
plications for bail
Magistrate Herbert. in NorkVllle court
and Magistrate Corrigan. in Essex Market
court. disposed of the cases Wmch came
before them as If nothing had occurred 10
cast doubt on the legality Of their DECISIONS
hut in the West Side court Magistrate NC
Quade refrained from the iinal dlsposluoll
of the cases which came before him' anu
MAGISTRATE Butts. in Morrisania court re-
fused 10 try cases involving summary de-
cjsion. He also refused 10 issue summonscs
or warrants
Magistrate Krotel. in Harlem court. went
even further, and declined to do more thah
accent bail, as did Magistrate treschl' IN
the mems night court and Magistrate
Herman. in the womens. until after mo
night. Magistrates O'Connor and Murphy
took the same stand as that OF MAGISTRATES
McQuade and Butts.
The last named adjourned fifteen cases OF
summary jurisdiction until today 'eleas-
ing the prisoners on their own recogm-
zance, and held half dozen prisoners lor
trial on charges of assault Magistrate
Herbert on the other hand. fined twenty
FIVE prisoners for intoxication, hned mhe
automobile speeders and punished seVeral
prisoners for disorderly conduct. MdslS-
trate Herbert made this statement
MY attention has been called to the case
Of People ex rel. Lillian Ryan, decided py
the Anpellate Division Of the I'd Depart
nent. and handed down on Friday last
have tried to obtain a COPY Of that decision
but have been unable to do so. l nave
been informed that it holds in effect that
this court has not jurisdiction to hold IrldlS
or make commitments on sunday
MY attention is also called to the case
of People ex rel Price agt. Warden. decided
nv the 1st Department and reported '3 APP
pellate Division ia which holds that Tue
law under which this court is operated re-
ouiring as il does that these courts shali
be open on Sunday thereby confers upon II
all the powers properly peIohSiHS ~ "4'1
usuaIlv exercised by such courts.
"As l have not had an opportunity 10
read the opinion in the Cd Department case
before opening court this morning nave
concluded to rely upon the Price case de-
cided by the Appellate Division OF the ue-
partment in which this court is held, IN
disposing Of the business in the usual way
until I shall have an opportunity OF being
further advised in the matter.
OF the thirteen cases brought pelore
Maristrate OConnor, sitting IN Jefferson
Market court, nine were adjourned for eX-
animation to-day. two were he'd for triai
in Special Sessions. the defendants waving
examination. and two put over for future
examinations at the request of the de-
fendants' counsel.
in an interview Magistrate Connor
said: Il have no power to try my case
in which 1 may send the defendant to any
institution to-day. l may, however, make
an examination in any case where the de-
fendant can be held for higher court
What would happen if any magistrate
did try a case to-day?" was asked.
He would be brought up on coaiges for
Violating the law" was the answer.