Evening star., 1932-03-30

and will perhaps cure o vicious con-
| dition. The root of the evil, he says,
lies in Tammany Hall and its affiliated
political organizations. The admins
tration Of the magistrates courts, he
declares, Is part OF the political spoils
system Appointment OF the magis-
trstes by the mayor. as provided In the
act adopted in 1910, has resulted In a
"hideous caricature which parades as
J justice" for which eomplaisancy, un-
concern and corruption are alone re-
sponsible. He says:
As long as appointment to office In
| these courts rests in the hands OF o
| politically controlled agency, just SC
| long must We expect appointees to be
/ recruited from the ranks Of those whose
only claim to appointment IS their sub
servience to their political party. and
as long as this remains the yardStick
by which candidates for these places
are to be measured and selected there
is no Justification for expecting any
substantial improvement in the admin
istration of these courts.
Eight of the magistrates presiding
over these courts have, during the past
eighteen months. been accused and
some Of them have been brought to
trial. Two have been removed for
cause, one was acquitted, three resigned
while under investigation and two were
removed before the investigation was
begun. Judge Seabury's recommended
tions include the amalgamation OF the
magistrates courts, the court of spe-
cial sessions and the children's court,
the judges Of all OF which are now ap-
pointed by the mayor, into one tribunal,
the judges of which are to be named by
the appellate division, the records of
these appointees to be examined after
two years and reappointment to be re-
fused in case OF evident unfitness. The
first of these changes could be effected
by legislation. The second, relating to
the method of appointment. could be
secured only through constitutional
amendment submitted TO the voters Of
the State.
Az 40 . All 1lAC NOA AdOlS
of the courts of the city," says Judge
Sesbury in his report, that the inter
vention of q friend in the district po-
litical club is much more potent than
the merits OF the cause or the services
of the best lawyer" and he adds that
unfortunately the truth of the state
ment alone prevents 1t from being q
slander upon the good name OF the
city"
During these past few months of the
investigation the country has been re-
galed with numerous disclosures re-
lating to the scandalous conditions in
the lower courts of the metropolis, and
In the Ewald case it was given q close
up of the practice prevailing In the
selection Of magistrates, the defendant,
who was tried twice without ver-
dict, having obtained his appointment
after q loan" made ostensibly by his
wife to the district leader. The failure
to convict in that instance did not clear
the record. Judge Seabury's prescrip-
ton, II adopted. would make such per-
formances impossible short of the cor
ruption Of the entire bench Of the ap-
pellate division, which is inconceiyable
This report may not figure directly
in the political campaign. 1t does not,
however, make any more easy the path
OF the now dominant political party in
the State, which is linked intimately
with the organization that runs the big
city and that is now likely to oppose
desperately the adoption of the amend
mendation.