Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1915-02-16
MAGISTRATES PLEASED
WITH JUDGE STAAKES
RULING ON NDTSCHARGES
Majority of Minor judi.
ciary Express Satisfac.
tion at Decision Curbinp
Indiscriminate Release
Of Prisoners.

OF Prisoners.
Wide approval OF Magistrates. with A..
or two exceptions. today. greeted m.
! decision OF Judge Stake in a test "a
10 the effect that one Magistrate do,,
not have the authority TO dlsobs -.
prisoner committed by a felic.,
Magistrate a new era In the eficlenrv
| of the Magistrates Court was nrs
dicted by Magistrate Emely.
This practice has been the subject of
considerable criticism from Director ~
Public Safety Porter. who. however, d.
cllned to discuss Judge 6taake's dectslna
until he had time to peruse a copy Of II
dissenting note was struck Inv
| Magistrate Byron Il. Wrigley.
u propose TO continue to issue di.
charges the same as / have been doing IN
the last 10 years, although don't sun.
pose the prison wardens will honor them
now that it has been declared illegal" N,
said. II can't see wherein the practice
is wrong. II has been the custom Tor
years to allow one Magistrate to DISCHARGE
prisoner sentenced by another and
can't see why any Magistrate should ha
pleased by the ruling"
David S. Scott, president Of the board
of Magistrates. and Magistrates RriTrs
Pennock. Stevenson. Hagerty, Carson
Glenn, Belcher and Emely agree with
Judge Stakes ruling. Those who a.
clined to comment are MaRlstrates
Rooney, Tracy. Toughill. Harris and
Boyle
"To say that am pleased is puttinv
it mildly" said Magistrate Scott. "Whiie
the effect of the decision will work both
ways, preventing a man from helping
deserving friend. II will also remove the
stigma now resting on the Board Of
Magistrates because OF the group OF hli.
man hyenas who profit financially by
securing the discharge of prisoners COM
mitted for misdemeanors and who prac-
tice their game on the good nature OF
the magistrates,
at will break UP the gangs OF ccrner
loungers who infest the city, and the dis-
orderly characters who are menace 10
the lives and property of the citizens and
who insult girls and women on the
streets.
~ have always made 1t practice not
TO let such characters out. We Magis-
trates formerly had n pledge among our
selves not to release prisoners committed
by other Magistrates. Only two OF us
are left, Magistrate Eisenbrown and l.
Fifteen years ago 1 tried to bring about
the condition governed by Judge Stakes
ruling. The decision will help the police
and We shall see that, after all the ad-
NeTbc CTlllClSII1, lne MINOR judiciary III
an institution of incalculable value to
the community"
81 am delighted that the wholesale re-
lease of prisoners by Magistrates whoSe
cases thoy have never heard has been
abolished," said Magistrate Carson.
Under the old system the law was held
up to ridicule. Often a man who few
hours before had been sentenced TO the
county prison by one Magistrate would
wink nv hia door and him. suQA
he obtained his release through another.
Magistrate who knew nothing about the
case"
"rhe ruling will bring back again the
repute which the Magistrates once held.
was Magistrate Glenn's comment. ut
will have a fine effect In many ways and
II am highly pleased with Judge Stakes
decision.
Magistrate Briggs said that he was
"tickled to death"
Friends of persons who have been
committed by Magistrates in all parts OF
the city bother me all day long to have
prisoners released" he said, "and Sunday
has become the busiest day of the week
for us Magistrates"
"The continual offender who openly
haunts his knowledge that a friend will
obtain his release through another Mag
istrate not familiar with the offenders
will receive his pust punishment
through adherence to Judge Stakes
ruling" declared Magistrate Pennoek.
"I believe It will end the transgressins
career of such individuals who are 2
continual source of annoyance 10 al
Magistrates. think, though, that
Magistrate should be allowed to accept
a bona flde bail or fine imposed by an
other Magistrate, provided, of course
that the other Magistrate is not within
reach"
~ know of cases where circumstances
warranted such action" he said, but ~
all cases the Magistrate always COM
munIcated with his colleague before act
ing. Dischargins fellow MaglstrateH
prisoner was the exception rather thAn
the rule"
cases has been disputed question TOT
a long time. To settle the question
finally Magistrate Renshaw and the pis
.rlct Attorneys office arranged q test
case, which was heard before jugs
Stake. ,,aa..,y
Thomas Conlin, charged with dtsordsrV
,onduct, was convicted before Judge SAt7
,on and fined $40 and costs, Conln re.
fused 10 pay the fine and was committeo
10 prison for 80 days. on the following
iay Magistrate Renshaw issued tolm~1
discharge for Conlin, 80.
Frederick Cooke, superintendent OF w
county prison, on the advice OF plstIIe.
Attorney Rotah' feiuseu 70 -s 49,
prisoner. whereupon a petition was pEe
tented TO Judge Stake for VIII
labeas corpus for Conlin. Judge sttase,
lfter giving his decision, dismissed the.
petition and Conlin was remanded T"
Prison, NJ.
Judge Stake further ruled that the
ma gistrate imposing sentence upon
prisoner does not have the right 70
,hanEe IL after IL has once been maze
natter ~ reeord The rights OF Tue
~ his privilege 10 apply for writ q
labeas corpus.