Evening star., 1926-09-10


practice are. in fact, selected--and
even retained in advance-by organ
lied gangs OF bandits because of their
supposed influence with police magis-
trates, prosecuting officials and. In
a few isolated instances, with Judges
OF the higher courts.
Politics in Appointments.
The manner in which magistrates
are selected by the mayor of New
York City, who has the appointing
power, and by the executives OF other
communities frequently inspires the
charge that political considerations
weigh heavily in this branch OF the
judicial service.
The fact is that many Democratic
leaders of New York City who help
bring about the appointment Of mag
.3trates of the petty courts conduct
Il law business as a side issue. They
never appear in defense of their
clients, but their influence is recog
sized by critics of the present method
Of administering the law.
This does not mean that there are
not very many high minded and con-
scientious men among the 26 police
magistrates in Manhattan and the
Bronx. the 16 in Brooklyn, the five In
Queens and the two in Richmond
Borough.
More Tact Needed Now.
a great many of the men appointed
f. the magistrates bench, however,
re selected because of political rath-
er than legal reasons of judicial MT
! HESS. 1t is not surprising that dis
trict leaders intent on preserving
8 l-E1
in close touch with magistrates
whose appointment they have con-
tributed to bring about.
In the old days negotiations to OBJ
tain favors for constituents caught in
the web Of the law We're conducted
directly, with little finesse and rather
less srbtlety. At the present time
the methods have become materially
different, due to public sentiment re-
garding alliances between politics
and Justice. \ lot more diplomacy
and tact is probably used, but the
results are virtually the same.
In some of the petty courts through
which criminals pass on their way to
the district attorney and grand Jurles,
the influence of the district leaders is
frequently an important factor.
Practice on Decline.
It is the function of district leader
to look after his voting flock and to
reciprocate their favor by using his
influence with the judge" There is
unouestionab,y less Of this practice
TODAY than there was q few years ago.
That it still exists, however. is not
only suspected, but occasionally estab-
Gshed beyond q doubt.
great many of the appointments
made to the magistrates bench by
Navor Hylan were obviously for po-
litical reasons A few exceptions to
this rule are the cases of Chief Justice
McAdoo, Magistrates Brough, Corri-
gan, Norris. F'rothingham in Manhat-
tan and the Bronx; FOlweH. Brown,
Taylor. Dale and Haubert in Brook
lyn: KochendOrfer in Queens and
Bridges in Richmond.
Magistrate Jean Norris is the only
woman holding a judicial position IN
the New York City government. She
has made a splendid record in that
capacity The appointments OF Magls-
trates Levine, Douras, McQuade, Ober-
wager, Well, Nitaie, in Manhattan ana
the Bronx. Dooley, Reynolds, Eiiperln
and Hirschfield in Brooklyn; Conway
Doyle and Dresser in Queens and
Crnak in Richmond are regarded as
IfatifIS Dteli tSAICNA iAAiAAiiJ Ny Io'~~~
cal considerations.
Police Meet Obstacles.
1t is in the magistrates court that
LAWYERS skilled in criminal practice
and working through district leaders
begin operations in behalf of their
clients. 1t is also here that the police
encounter most of the difficulties that
compel the abandonment of cases
which appear to be based upon rea-
sonably solid grounds.
The relations between men welding
political influence which may be found
useful in obtaining judicial nomlna-
tions and aspirants for the same are
a subject which for obvious reasons
is not publicly discussed The board
of magistrates has frequently moved
TO correct faults Of this sort without
calling public attention to the matter.
Committees of the Bar Association
also train a vigilant eye in the same
direction.
Judicial officers are naturally culti-
waited by lawyers of clients brought
into contact with criminal law. These
judicial officials are feted and dined,
their personal acquaintance sought
and their favor repeatedly solicited.
Gifts at Testimonials"
A fayorite device is to give the Judge
"a subscription dinner" soon after his
appointment and to present him with
a testimonial Of esteem" This ties
timonial" is supposed to possess only
q sentimental value.
There have been instances where
motor cars and diamond rings or pins
were bought by popular subscrip-
ton" to which a miscellaneous as
sortment of diners are invited to con-
tribute. A couple of years ago a tes-
timoniaI dinner was arranged in honor
of a newly elected judicial officer.
When ,he found out that the list of
guests included men to whom senti
n.ent is an unknown quantity, he
called off the affair.
A great many members of the judi
ciary, whose integrity is above ques-
ton, look with disfavor upon func
tions Of this sort. The potentialities
and consequences of such events re-
Gently figured in an investigation Of
criminal conditions in Chicago.
A number of notorious bootleggers
and other criminal celebrities cooper
ated with their legal representatives.
to entertain" judicial and prosecut-
ing officers. While there has been no
exact parallel for such conditions in
New York City, something approach
ing them has recently been limited in
connection with at least three popular
subscription dinners rendered to men
appointed to judicial Office during the
last four years.
Legal Recess Denounced.
Men holding positions beyond the
reach of political leaders fully realize
that the disclosure Of practices here
like those revealed in Chicago would
invite general censure and condemna-
ton.
The importance Of another phase of
the crime situation has been stressed
by judges. prosecutors and members
Of bar associations throughout the