The People of the State of New York ex rel. Rita Scotti, Respondent, v. The Superintendent of the New York State Reformatory for Women at Bedford Hills, Appellant. The People of the State of New York ex rel. Anna Smith, Respondent, v. The Superintendent of the New York State Reformatory at Bedford Hills, Appellant.
(Argued April 10, 1928;
decided May 1, 1928.)
Albert Ottinger, Attorney-General (Henry C. Henderson of counsel), for appellant.
Alton W. Teale for respondents.
In each case order of Appellate Division and that of Special Term reversed and petition for writ of habeas corpus dismissed, upon the ground that the magistrate *551had jurisdiction to issue the commitment under section 226 of the State Charities Law.
Concur: Cardozo, Ch. J., Pound, Andrews, Lehman, Kellogg and O’Brien, JJ.; Crane, J., dissents and votes for dismissal of appeal upon the ground that the relators have not been found guilty.