New-York daily tribune., 1845-12-17
Iudicinl Reform.

and calculated TO convince all who read them that
immense benefits may be secured 10 The whole peo-
pie of Our State if they will only take pains to MAKE
themselves familiar with the subject and send Dele
gates to the Convention whose characters ana H'es
give assurance that they can and wall act ior Tue
highest general good and not for that oi chques OF
classes Millions per annum may be saved TO tins
S,ate bv rendering the attainment of Justice through
Law cheaper sarer, speedier than hitherto II the
peope only will it and will also the means of effect
ing it But if they suffer themselves to sleep past
next April, elect mere party implements to the Con-
vention engraft two or three party hobbies on Inc
Constitution and leave the old hulk as it is, only
worse battered and patched, theywi have time and
cause TO repent it through the next generation. The
need of Radical Reform is pressing the substance
of the industrious is eaten up by needless Taxes;
their time squandered in useless Jury and Militia
service and the expense. delay ana compeHHy o'
cnr Legal processes amount IN nine cases out oil Ten
10 q practical denial OF Justice Lawyers are posted
from New. York 10 Albany Saratoga, Rochester and
RnfYalo 10 argue a mere motion on some incidental
step in the progress Of cause before it gets TO trial.
nj ruinous expense TO clients, though each lawyer
NAV be poorly paid for his waste Of time and ex-
pensss And all this legal machinery grows more
cumbrous and expensive daily, and five hundred
new lawyers are ground out every year TO keep 1t
in motion, although we have more already than can
be decently supported without ruinously burthenins
Business and Productive Industry. II We obtained
Justice by all this, we might grin and bear 1t but
we don't, nor anything like it, Rogues riot in the
possession of homes, mems properly which they are
enabled to retain by the qubbles and delays OF Lll-
CATION, while honest men refrain from prosecuting
lust claims because they have found by experience |
that Law is the Road to Ruin. We know a man
whe tried the other until he had obtained five
or six Judgments at heavy cost 10 himself without
being able to coec, farhing, when he gave it up |
md has now several thousand dollars due him from
men who might pay par, or all OF ii, but who
don't choose TO- and he can't afford to increase his
losses by suing them.
Take another illusraton-aflorded by our last case
of Cooperage. Mr.. Fen;more Cooper sued us for libel
and recovered $500 point blank charge against
us from the presiding Judge, though seven of tho
twelve Jurors still estimated his damages at Sl00.
We reported The trial and he sued US again on that
This time, we concluded TO defend legally (having
let him have il all his own way before) as We dd
not see that there would any end TO the business
at this rate, since each reported trial would proba
bly, afford ground for new libel suit We believe
i, is now nearly four years since this second SUIT
commenced and VIC have not got 10 trial upon 1t yet
He declared against us charging us with all manner
OF evil deeds and intentions, which declaration our
counsel answered in legal FORM To this answer
Mr.. Cooper demnrred, and the Supreme Court
due argument, has decided that the demurrer was
Il
be amended accordingly. So we are fairly back n,
the beginning except the costs
Now just consider this demurring operation in the
light of common sense Mr.. Cooper sues us. and in
his declaration sets forth that we have injured him
thus and so. We reply, by counsel, that he is mis-
taken-,hat we have not no inquired HIM. To this he
demurs that is, hauls US into the Supreme Court TO
compel us 10 alter our answer to his declaration be-
fore we can go TO trial. Why is this p? Is not his
declaration all safe! Certainly. What Them Our
answer is defective or insufficient. Very good is
not that his clear gain flour answer don't meet
his complaint il may shut out some OF our evidence
on trial. but none Of his The Judge may say TO us,
You can't be allowed to prove this or that, ioryour
lawyer has not pleaded SO as TO enable you to do
So" but he can say nothing Of this to Mr. Cooper
in ouch case has no proprietyit is the right ofihc
defendent calling the plaintiff 10 show sufficient
cause for putting him on trial But here we are go
Ing into tho fifth year of this lawsuit for chanceo
try it, when il we owe MIR. Cooper any thing, the
Law should have given 1t TO him long ago. We
wanted to pay him, if we were really in his debt;
he I'VE presume from his suing us wanted the mo.
ney yet the Law stands between US and prevents
that contamination. And now. if we beat him, as
we mean to, we shall have been put to greater ex.
pense than If we had made no defence a, all, und
just paid him any sum ,ha, Jury would have given
him on hearing of his story aone.-Ough, not this
TO be amended People of NewYork! such luck
may happen TO any OF you as well as 10 us II has
happened. is happening to many of you Why are
you not Of work, then, for Legal Reiorml
Mr. Bascom's Memorial s full of excellent sug
gest:ons-among which we reckon that of having
heavy Fines imposed on criminals who are able 10
pay The land is full Of gangs of robbers, inclsdng
men of considerable properly With this property
they evade Justice when il ought be tee OF
terrifying them into well.doing. lie; it be known,
that their property would be subject 10 contiscaton
on their conviction of felony, and they would leave
burglary trunkrobbing and pocket. picking 10 poor
er and simpler knaves who are not so destitute oil
excuse for it, The crimes of Adultery and seduc,
hon might thus be punished with salutary effect
Mr. sascom reproduees his plan for simplifying our
Judicial machinery with some additional details as
follows:
PLAN FOR JUDICIARY SYSTEM.
In Jnne last, over the signature of .SESyc.
submitted through the columns of The Tribune ,lsn
for Judiciary System. II was published ;n tho
first Of these numbers. Inow res,a,e IL Tor the mr.
pose of keeping il in public view and also TO show
come Of the necessary details:
The State should be divided into la Districts
There being now 80 Counties, each District woald
contain Ave Counties. except one
There should be one Judge III each County. mat.
tiers not how appointed bat local convenience re-
quires Judicial officer Of the hshes. grade f there
be any gradel in each County These Judges to hold
all the Courts in the State, except Justices and Sur
rogates'.
Generally, the Judges Of District would alter
natey hold the Courts in the several Counties, for
the trial of all issues OF fact and of criminal 1t
needs bnt one Judge to preside at the Circuit,
y unnecessary and Prejudicial. One Judge al q