New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-11-25
MURDER CASE HANGS ON
BRONX COUNTY BILL
Counsel for Slayer of Sigrid
EckStrom Says He Should Be
Tried in New County.
Law EFFECTIVE APRIL 10"
Becker May Find New Point for
Appeal in Presence Of
Bronx Man on Jury
at His Trial.

-FOUR words in the BronX County Dill
and an apparent missp apprehension as to
,nc date when The Bronx became coun-
8, NAV result not only in a new trial for
Joseph J. NcKenns, convicted last month
Of the murder Of siX-yesr-old Sisrio Eek
strorn in The Bronx but in cloudins judg-
n7cut in many cases coming from The
Bronx, and possibly in a new point for
the appeal Of Lieutenant Beckers case
The problem Is. Did the Legislature have
tho power TO refer the Bronx County mat
fer 10 the voters OF did The Bronx become
county on April 1s, when the bill was
pssged by the Legislature and approved
by the Governor?
Aithouhg satisfied that whether The
Bronx became county this month or last
April the bill provided that the courts OF
New York County should have jurisdic-
ton in cases arising in The Bronx, Dis
trct Attorney Whitman will probably con-
vene the grand jury attached TO the ex-
traordinary term OF the Supreme Court
this week in order that they may handle
Bronx cases and prevent any question
similar TO that raised by counsel for Nc
Kenna from arising in the future.
McKenna is now in the Tombs, having
hsen brought down from the death mouse
al Sing Sing on a writ Of haeeas corpus
Tn. writ was argued on Friday before
Justice Sea bury by Emanuel Klein. coun-
sci for McKenns, and Robert c. Taylor
and Stanley L. Richter, Of District At
torney whitman's appeal bureau. Justice
S.abury reserved decision. He Is said
10 be Of the opinion-and IL was conceded
nv Mr.. Taylor and Mr.. Riehter-that the
legislature had no right 30 delegate the
power given it by the constitution.
Would Mean No Jurisdiction.
II Justice seabury holds that the Leg
islsture had no such power and that as
Tn, Bronx became a county on April 1s,
when the bill passed the Legislature, the
Court Of General Sessions had no jurisdic-
ton IN McKenna's case. and is upheld in
his decision by the higher courts, 1t will
mean either that McKenna will go free
OF that, his former trial being no trial
and therefore not placing him in jeopardy
Of his life new trial must be given
him in the proper court.
Many lawyers are OF the opinion that
tho whole law will be declared unconsi-
tuuonal. and it is said that opinion has
been expressed at the office Of the Cor
rorstion Counsel
The chief knot in the tansle is the four
Rord phrase which ends Section of the
law. section states that ito prevent
an interresnum" county officers OF New
York County shall continue to have turis-
di,tiun. and ends. except as hereinafter
pgo, dcd."
section 2 states: From and after the
time ~ the taking effect Of this act the
supreme Court, and on and after the FIRST
Cay Of January, 1914, the county courts,
shall have jurisdiction over all crimes and
rrisdemeanors committed within the ter
ritory Of the County Of the Bronx"
The trouble H that the drsfters Of the
hill appear TO have taken il for granted
that the bill would not take effect until
ratified a the general election. That view
appears 10 have been shared by the APP
pelate Division, which was directed in
Section 6 20 FIX times and places for
holding special and trial terms Of the Su-
prene Court in the County OF the Bronx"
within thirty days after the act took
effect
Governor Dix seemed to take the same
view. Another section directed him to
appoint a commissioner of jurors for
Bronx County within thirty days after
the act took effect.
IT, however, az stated before Justice
Seabury, the section referring the matter
10 popular vote is unconstitutional, then
Section II, which states: This act shall
take effect Immediately" certainly means
that The Bronx became q county on April
~ The failure OF the Appellate Division
and Of the Governor 10 perform the duties
assigned 70 them within the allotted time
would have no effect on the validity Of the
bill
The Referendum Section.
The referendum section in the bill is
eouched in negative language, stating
merely that II the majority of votes is
cast against the proposition the act shall
become imperative and ineffective In
ruling upon the point Of jurisdiction raised
at McKenns's trial by Mr.. Klein Judge
Rosalsky characterized this as play
upon words"
In The Bronx act the law took effect
referendum provision OF the act contains
negative. II by majority OF the votes
II should be determined that The Bronx
should not be erected into a county, then
IN. DILL should become imperative and
void. In my judgment 1t is simply a play
upon words; the effect is the same"
Judge Rosslsky, although ruling against
Mr.. Klein on the ground that the law
stated that courts of jurisdiction within
the FIRST Department should have juris-
diction in cases arising in The Bronx un-
~ January /, 1914, said that he agreed
with him that in part, at least, the law
Vas unconstitutional.
In my opinion" said Judge Rosslsky,
there il grave doubt az 10 whether the
recent act of the Legislature erecting q
county in the Borough OF The Bronx Is
constitutional II il is unconstitutional,
Under tho case Of Barto against Htnrod'
he interests OF the defendant cannot In
ans wise be affected.
The Court OF Appeals, in Barto against
hlmrod. said: II q. legislative act be
made 10 depend for its validity upon the
result Of q popular election II Is unconsu-
henal The legislature cannot delegate
10 the people the power conferred upon 1t
ey the constitution
In the People against Ahesrn. CAiei
justice Cullen said: While the ultimate
source from which all power is derived is
'ns people, still the people, by their ACT