New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-08-24


sers-BrOwn on Peadinss-Taylor on union Of
/ law and Equity urisdcticn-ChatieId on Loco
i iudges and Courts-Wright and the Regency
r creditors Bils-The Chancelor's Purse OF
1 Million and more.
( ALBANY, Saturday, august %, 1914
r, IKE Editor tTa< Tribune
/ SIR: \ proposition was made this morning, to
saye Evening Sessions to commence at l. in addition
Moning Sessions at 9 and Afternoon Sessions al l.
There is no doubt but that the length Of speeches
trre they neglect the main question sue. wearies
rs.ry members An hour taken up this discus
~. OF the routine and i ended Il eaiDg things Just
hey were
Nes:fs. Jordan Bascom and W B. Wright on Judicial
Reform They ought to receive n careful Pcrusal
expect 10 see iIr OConors in Mondays or Tuesday.
The Cont Of Chancery
Tn. tribunal IS by the Revised Statutes, declared to
NOSES. al the powers OF tue high Court OF Chancory
England bait inefc effort made in i-2-. by Mr.
Batter and h friends 10 define fully what these powers
are The people referred to lawyer 70 tell them
what the lax Is, and the lawyer j referred many
rhyqsands OF volumes printed III London and elsewhere
% ind GU, there what Peers and Bishops and other Lord
High Chancelors have said end done. RUE for
Republicans
fno Report Of the majority likely 10 be adopted in
Convention proposes in effect Ina; there shall be 20
caapccors each Of whom shall nave powe, according
70 ae expensive MODES pracuced in Chancellor
Walworihs Court 10 act and interfere pretty much
c0rdins TO his discretion and pleasure l. In cases OF
alleged fraud =. In matters of trusts property, per.
onsls and 3 In all matters relative 20 execu.
tors and administrators and mortgages In matters
rea;ne 10 infants idiots and lunatcs and the
fncnt OF their estates. . To proceedings in other
courts OF law If he choose think that law and equity
disagree To- 10 stay waste. !. To order alnony 10 be
paid when he thinks tit 2 To supply accidental omis.
SONS in agreements where he shall be persuaded that
there are such omissions !" To Interfere in matters Of
award.
In OF these statutes may have divided
the powers between Inc law aud equity
regulated th"in ont the outline of
Chsncefy povets They ought ande GHe restriction 10
&c vested in the Supreme Court but practice should
be regulated by law That the Judges have the power
regulate that practice no-ha they have long had
itth they could have relieved the all this
Mr. 1iarris and others have clearly shown What is the
inerence That they had feeling in with the
Attorneys and Solicitors, who prottcd by the abuses
they sanctioned but feeling Ia with the
holders merchants, manufacturers and mechanics
whose property has melted away under system which
all men now declare 10 be infamous.
Like the Spanish nqusiton, the Court OF Chanccry
has mcddlcd with everything Even in matters of Copy.
right Mr. Vice Chancellor McCOun has decided way
to-day. and another way tomorrow-has ordered the
bookselc in Ncwiork 10 sell the printed copyright
works on his shelves at his peril has held $1,000 pen
atty before his eyes and threatened him with the dun
econ without Jury Tor contempt he venlurcd TO sell
his property in n Y his nciehbor might in New cr-
sey Not word about defining contempts do hear in
the COnventou-nOt word about limiting Circuit
Judges in these underlined powers Mr. Brown, with all
his iuency is silent as the grave The ~ Y bookseller
rnsy now appeal from Mr.. McCoun to Mr. Walworth.-
:
der dehe and his Court the scOurgcs OF trade and
your ncehbors OF the n Y Express properly describe
them No Courts are better than star Chambers aud
inqIisitions
Another of the most weighty and certainly one of the
most just complaints tie administration of the
s sqy e Editors Of The n EYPepp Is Tn, the
now hSokne 10 the fact that there is not polish
q" on curtl like Il. That Court, has cnsuiphed
every thing II Institutes inqustions the most
ctet thoughts OF and families, and exercises powers
over the personal liberty of the individual utterly re-
pugnat principles of the Government and oil the
Consii,uton I've have seen within few weeks Put
Us inJuncticns upon the Press, and we have heard II
claim the power 10 stop the Press by its decrees and
we have seen il loo stop the Bills receivable OF
"be made bnnknlp at once by its fat those Bills re-
cevahe necessary TO meet Bills coming payable
forthwith These powers, 1t they are vested III any
Court, nuy all the leading principles of The Consuti-
lion and all the Rights of man as 10 Liberty and Prop
"eTty"
LAWYERS are our Governors our Judges, our Chan
ceors our Surroga,es, our Law Agents, Counsel
ors and our Legislators. They get blame as a BODY
because they 5000 strong and licensed for lite eX
clusivey by few OF their order-hecausc, although
they could have reformed the abuses OF the admintra
zion OF justice they have made things worse regardless
Of human feelings and human sutcrings-and because
none others OF the community fully comprehend the
workings system the odiou character OF which they
themselves have clearly described on the oo oil the
Convention.
have had much do with lawyers OF all classes and
grades and have personal complaint to make against
them. Almost invariably during long life have found
them among the foremost III hberaity, klntness snd
generosity cannot remember nm unknd or unjust act
done by lawyer such, OF OF any neglect IN any
prote- sonal man. whom entrusted with my affairs.
My impressions favorable TO the men, butmost
unavorable the workings OF the system Look at
e fucts.
Administration Of Justice.
Mr. BnowN of Orange this morning rose and ex.
pressed his concurrence with Mr. Chatheld in his re-
marks of yesterday, to special peadinss Twenty
I'VE years experience induced him to admit that ii was
gross piece OF barbarism He also alluded TO the abuse
OF declaration. i'll OF notes OF hand which was
false lie from beginning 10 end lie next supposed a
case OF eXccphons-A. hlee a bill against BIS clent-
there is but the exception master declares
that answer Insufficient carried to the Court OF
Chancery-to the Chancellorto the Court OF Errors
the expense OF number OF hundreds OF doIlRrs-Du
IN all this legal argument and expense and delay, the
paroles do say word about the merits OF the case
they are not Yet roschcd-the forms must be settled
hrt This system Of special pleading happy one Tor
Mr. OConor, who stands al the head OF his profession
in this practice but it wretchcd miserable system
for the people. and the Legislature would confer vast
benefit on society by doing 1t away.
In equity case. under the system proposed by the
majority the equity calendar in any County II there
equity in the bill the Circuit Judge will decide II at
Ii there is then the witnesses VIII be openly cN-
amined, and the heard and decided. MI Brown
went ON to show that local Courts were included within
the system and part OF 1.-THE would desire to have Az
Judges IN the Court OF Appeals, &c The Leg's'a
tpre, he thought to blame for the abuses OF
the legal system than the lawyers, and he went on to
show that was the Legislature that had gwen ~ cts
foto TO EXaniGcrs in Chancery s. day TO Judges %c
Many legislative charges go into the bills OF costs and
swell public odium unusty against the legal profession
We mud gentlemen, like the Member lor tennessee
l.lr Richmond accusing the profession ct swelling
bills OF costs although the Legislature remedy Is
not applied. The Surrogacs fees three times what
ey oughtto be- he had his will there never would
10 another special plea exception or denlurrcr-and
nss Coad ncro be right I'LL all bills Of costs beyond cc-
'.'"' disbursements done GcGy.
t'Httag Lac and EquHy Jurisdiction.
IN "a former letter ycnturcd to warn your readers
lah nc H'oe 20 reform rather permit tie LftstG
,srs 10 r0. the Court OF ch.necry endangered
fishing separate Jurisdictions in Cboncerv and Common
Law under one Judge in Court as might prevent
inc Lesisis,"fy 81 IRON simplifying the remedies, and
anaisaniStns the Seadags before thai, Court, Messrs.
chsne!d Brown Russles and the majority make many
OF them excellent exc . pcechesqui,c radical but they
arc TARA! Aiiu sasA IN this most important measure OF
Posite sides Mr. =. TArlcn Bold. plasn:spokern
faithful nenoSs o. tho Convention, and practicing
lawyer from foga leetween 80 ana 40 years OF ages
thus criticised Mr. chatdclds speech yesterday this
forenoon
Mr.. TAYLOR a understood his rcmarks) said he was
opposed no, 10 the Courts OF Chancery and Common