New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-01-18
COURT RULES THERE
IS NO BRONX COUNTY
Appellate Division, by One Ma
iority, Declares Act Un-
constitutional.
TWO JUSTICES DISSENT
Decision Will Not Result in New
Trial for Slayer of Seigfrid
Eckstrom, as Pleaded
by Lawyer.

BY three 10 two vote the Appellate
Division decided yesterday that the entire
legislative act under which the Bronx
County was created is unconstitutional
and imperative. Presiding Justice Ongra-
ham wrote the majority opinion, in which
Justice Clarke and Justice Mclaughlin
concurred. Justice Bowling concurred in
the minority opinion written by Justice
Scott
The decision Of the court OF the ques-
ton of the legality OF the Bronx County
act was handed down in habeas corpus
proceeding brought in behalf OF Joseph
J. McKenns, convicted Of the murder OF
Seigfrid Eckstrom in June, 1912. in The
Bronx The point was made that the
Court Of General Sessions I'm New York
County had no jurisdiction in the case, as
Bronx County had been already created
and that McKenns should have been tried
in the county where the crime was COM
mitted McKenna was brought down
from Sing Sing, bat Justice Seabury dis
missed the writ and remanded the con-
victed man back to prison
The Appellate Division yesterday az
nrmed this decision, and then went into
on the request Of the bar of The Bronx,
which had asked that court be estab-
Kshed there The heads of certain New
York County offices also wanted de-
cison. as they believed they had the
power to appoint subordinates to offices
in the new county to serve until the heads
Of those branches Of the county govern
ment could be elected i'm The Bronx.
- fl,a hot an.
son why Bronx County was not legally
established was because of the referen-
DUN provision Of the act submitting II to
the voters Of the Bronx He said II was
unnecessary TO submit the act 10 the Not-
ers because the county had already been
constituted, unless it violated provision
of the constitution. The court objected
10 the referendum because the voters of
New York County did not have voice in
the matter, but the bald power was
given TO the electors of The Bronx to Re
peal an act duly enacted by the Legs
lature
\ suggestion was made that the court
might declare the referendum feature OF
the act void and still leave the rest Of the
act valid To this the court said the rel
erendrm provision was substantial part
of the act. and since the act took from the
county of New York the territory EN-
brsced in the County Of The Bronx, II
also took from New York County the
power to tax The Bronx for county pur-
poses
in the further discussion Of the act the
presiding Justice said the County OF The
Bronx was established at the date OF the
passage Of the measure, on April l9, 1872
"a. said: The County of The Bronx was
created without officials to perform the
county functions until January /, 1914 IL
seems to me quite clear that after that
time april 3 1922 there could be no tax
levied upon the property located in the
County Of The Bronx to pay the county
officials Of the County of New York. the
County Of The Bronx being no longer
part Of the County Of New YORK. Justice
Ingraham added that the constitution
provides that county officers shall be
elected by the electors Of the counties,
and the effort of the Legislature TO have
New York County officials until 1914 Is
void and such violation of the Consti-
tuition that the whole act is rendered in
operative.
Justice Scott said in the minority opinion
ne believed the Legislature had the power
TO submit local statute TO the voters Of
the district affected. because on them will
fall the increased burden created by the
act. and they alone will enjoy the ad-
yautages that will come from the act.
The Bronx Citizens League adopted a
resolution last night calling on The Bronx
Senators and Assembymen to introduce
q mandatory measure TO create the Bronx
County. Former Senator Joseph +. Hen
messy. president of the league, said he
was not surprised By the decision Of the
Appellate Division.