The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-09-05
by WILLIAM McADOO,
Chief CITY Magistrate.

ESS than ten years have elapse,
since business and professional
IL men h know their New
YORK, as well as %farseeing civil,
n charitable institutions, Joined ir
q crusade having for its object tn,
complete regeneration OF the Cit,
Magistrates Courts, which really are
the poor mans courts" in this bis
town. The name is no merely q
taking one, but II truly describes these
places Of Justice, because the vas,
preponderance OF the minor .nfrac.
tions of our laws. ordinances and de-
partmental rules and regulations are
by poor peop,e such as pushcart ped
lers and violators of the provisions
OF the sanitary code, traffic regula-
tons. &c.
During the year 1914 there were
approximately 225. 900 arraignments in
the Magistrates Courts OF the city of
New York, and a very large percent
& OF those concerned were persons
OF foreign birth. II defendants OF for
eign ~parentage are included they con-
stitute n vast majority OF the ~arraign-
ments. Now this Is something worth
the serious thought of every respon-
slble American-and for the follow
ing reason: The immigrant from
abroad obtains his first impressions
OF American justice from the Magis-
trates Courts. In fact the probable
fly is that this is his only point OF
contact with the government Of his
adopted country: and his future atti-
tude toward our Government may be
determined very largely upon whether
or not he IL given a fair and impartial
trial in these courts. 81
II a recently arrived Immigrant. for
example. concludes that he is being
~'railroaded" to prison or arbitrarily
fined for some minor offence. he Is apt
TO conceive the idea that he is living
under the same conditions that ex.
listed in the country from which he
emigrated to America. 1t Is, therefore,
OF extreme Importance that every de-
PENDANT in the City Magistrates
Courts. particularly the foreign born
defendant, shall be given every oppor-
tunity OF being heard and presenting
his side OF the case by reason Of which
he is In court.
II he leaves the court room in the
belief that he has not received justice
then the Magistrates Court has so far
failed of its purpose as to become the
breeding place for anarchists instead
Of a tribunal where Justice is dis
pensed and good citizenship ncour
aged. This may appear to some who
ere but partially informed a strong
statement. In my opinion 1t is no
exaggerated. | make 1t in order to
impress jpon our people here the very
great responsibility attaching to the
work OF the poor mans court"
Furthermore Il should be remem-
bered that in 80 per cent. of the cases
tried in the City Magistrates Courts
the adjudication Is final. Most OF the
people appearing in these courts are
unable 80 employ counsel for the pur-
pose Of, o an appeal to a higher
court. " an injustice Is visited upon
them they have, as an actually. no
redress. dare say hat in nearly
80 per cent. OF the cases they do not
know that they have a right to APP
peal to a higher court. And dissatis-
faction with the treatment given them
IN the court certainly does not make
FOR good citizenship.
Keep in mind this further fact
during the year 1913. the last calendar
year uninterrupted by the war in
Europe. immigrants to the number OF
1.197.S92 entered the port OF New
York. 1t has been estimated, and l
believe correctly. that approximately
25 per cent. OF all immigrants entering
this port remain in New York and Its
vicinity. Thus 1t Is apparent that our
population was during the year 1913
Increased by the addition OF approx
mately 800. 900 immigrants-and Of this
number no more than $1,000 were able
20 speak the English language when
they entered the country.
The facts just quoted may serve to
give an idea Of the great responsibility
resting on the City Magistrates Courts.
so far as concerns the A~mericanizing
OF the armies OF immigrants who
ewarm hither from foreign lands. II,
on contact with Government, they find
this really to he a land OF liberty and
Justice to all, well and sood. II they
feel themselves treated unjustly. I'M
fairly, at their first contact with the
Government, seeds Of anarchy we'll
may spring into life.
There are at the present time thirty
nine City Magistrates, including the
Chief City Magistrate. and they are
assigned to hold court in twenty-eight
district courts as follows: New York
county, 10; Bronx county. 3; Kings
county, 8; Queens county. 4; Rich
mond county. 2.
The City Magistrates are appointed
by the Mayor. although efforts are now
being made TO have these changed INTO
elective offices in one Of the counties
within the city of New York. In my
opinion 1t would demoralize the sltua-
ton, and in the long run work harm.
should the Judges Of the poor mans
courts be principal and active figures
in political campaigns.
As early as 1878 a legislative
measure was passed changing the
method OF selecting police magistrates
from elective to appointive. The law
then passed specifically stated that It
was for the purpose of lettering the
administrator of these courts. ] do
not see that there has been essential
modification since then which would
make it advisable to have the City
Magistrates elected instead OF APP
pointed. excepting from the view point
OF certain p%artisans in Kings county,
for example.
l understand that a good many
residents of this county, as n matter