New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-05-05
Election Of Judge-..No 2


r. ~ Efiior q Tie TribrHs
Let me now conclude my statement OF facts with
regard 70 the corrupt Fee system 50 long prevalent
in this City and elsewhere, and which viii doubt.
less be perpetuated in some shape Il its authors
are reelected
10 the Common Pleas the plaintiff in a suit com
meaced By declaration is not allowed to amend
without order 70 show cause another order TO
allow the amendment making two dollars 70 the
judges and iiify cents o the Clerk for entering the
order besides the unnecessary labor 70 the Attor-
ney. which somebody must pay Tor: whereas al
this q done Of course and without cost, IN the Su-
preme Court and would be IN the Common Pleas
bat for the fees This Court too, uses the order 70
shsw cause n lieu of a notice OF motion 10 worse
extent than the Superior Court for they viii not aloe
a motion made upon notice ~ All, OF IN open Court
where the Judges ices BE- escaped They have also
msie rule prohibiting the entry Of certain rules and
among others rule for reference By consent y par
re- without order Of the Judge for which the dollar
ahsf Pc paid This Court too, has adopted practice
taxing costs that they vii take the Eord Of the Attor.
ney taxing BIZ own bin IS TO the number Of subpnnss
and tickets served and vii not require any proof,
where 10 j. tisplted-aO errl his 0u odih What al
rect temptation % dishonest Attorneys 70 put false
charges In their bs which they thus recover with
out any possibility Of detection
The Circuit udge gets calender fee oftweniy shings
Tor every cause noticed not more han frice e. i've
dollars in every ugsed case and, alter getting AT they
will ever pay leaves them untried for years snd goes
running through he caenders Tor short causes default,
if those who happen not % be present. when they
know their cannot De tried but trying now and
then one that bringing suits IN his Court viii not get
out Of fashion owing o. the entire certainty Of their
never being tried The long after paying their
fve dollars apiece for Judges rislfee. graciousy
allowed to o. settled AZ discretion or referred By
cent 0f parties with the full privilege OF paying
ferses fees al hbfll The Circuit Judge. however
works indusirousy and but travels 10 the footsteps Of
his l.ustrious predecessor and II be does 20 out OF
Office with $1,000 calender fees tor causes he has not
tried il should be remembered that ne bad 10 try those
eft unied for which bis predecessor had taken the
fees
All the Courts BY general rules allow iudgmenttob be per
iected forthwith verdict and prohibit the making OF
case or bin Of exceptions except within four days after
the is This books Ike an inten, 20 expedite business
but such result follows except where the defendant
does not wish delay These rules only make II necessa
~ for the defendant % pay dollar % the Judge 20
make special rule for his case IN the ten Of the gene
raj rule giving him 20 days stay Of proceedings 10 pre-
pare his papers sndthen pay another dollar for another
order stay proceedings I'll the decision Of the Court
This would be ATT very well n the order 70 stay or
large time could only be made by the Judge who tried
the csuse and where be honestly believed there was
reasonable ground doubt the of his deci
sion the verdict Is professedy the with the
Circuit Judge But the other Courts allow the order 70
be- made by any Judge without any cause shown, and
without nquirng whether there is any ground for delay
1r not and their example has had such an effect upon
occurred where orders % stay proceedings after
verdict have been refused though such refusal Is
very frequent with the Country Circuit Judges This
accommodating spirit OF granting whatever is asked FOR
has been supposed would make Judges popular with
lawyers aud n there were none but dfcldanfs law
yers perhaps IL would % some extent Though many
who obtained the favor would despise the Judge for
granting Il but how Is il with the plaintiffs and their
lawyers The former cursing the Judge, the Law
and the Law for running them by expense snd de-
lay and the latter are lsmentng the decline OF their
business In consequence Of the impossblity of getting
anything finished and the fear Of their clients TO com
mence any snits When plaintiffs are sacrificed there
will be but little good business for dfsldaats RerG BE-
gin any hOrer0 much ttey far0ved.
But enough Of this for the present Let us nominate
and elect honest Straightforward business like young
active and energetic Judges entirely unainted by the
old system Of fees and delay and what they will do
Let have friends of the New Constitution (ior no
pertinent should be tried Ia the hands OF ts enemies)
believers Ia the inte gence OF the People, and advocates
OF Legal Reform. And, above ALL let US have men who
have never served an apprenticeship II ONCE seeking
aud political ~ire-puing but fair, upwright indepen.
dent men, who dare think and speak for themselves
whatever may be their politics. Yours, IIHJklEL.