People ex rel. Goldstein v. Warden of the Workhouse, Welfare Island

The relator, under a writ of habeas corpus, attacks the constitutionality of section 1459 of the Consolidation Act (Laws of 1882, chap. 410) after trial, conviction and sentence to six months’ imprisonment thereunder in the Magistrate’s Court of the city of New York, borough of Richmond, first district. The statute in question provides: “ Whenever it shall appear, on oath of a credible witness before any police justice in said city and county, that any person in said city and county has been guilty of any such disorderly conduct as in the opinion of such magistrate tends to a breach of the…