New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-03-20
II the power Of tho higher Courts 10 commit for

In she fhli oflSbz justice n0mps01' VIM "sss
Member of Assembly when this set wsspsssei JUS
tice Mccarthy, who was al Assistant Aliermsn Of
the Fourth Ward, and Justice Phillips, who had
been one of the inferior clerks in the Court of Ses
sicns, secured o nomination, and were carried
into Office with the general triumph OF their
party. Not one of tbose gentlemen was kncwa
at all as possessing any legal knowledge or caps-
city. Justice Philips was, perh,ps, the only one
who had any familiarity with judicial proceed
ines, aud even that was in the su5or Innate ca
pscity OF an under-clerk in Cfiminal Court.
They were simply politicians, aud Of very smsll
calibtr. But if deficient in necessary knowledge
and Iesrnipg, they were abundsnsly stocked With
judicial ambition, and were scarcely warm IN
Their places before they concocted scheme to
extend their Court aud TO secure to Themselves
large addition to their salaries In this they had
most efficient aid. Tne Clerk Of the Court WAS
also member Of the Assembly, aud he succeeded
in getting bill through, at Albany, without! at.
tracing particular attention, By which the
jurisdiction of the Court was increased to $500,
and which gave it power to try actions of libel,
SANDER, malicious persecution, false imprison-
nent, AID assault. and battery, to the extent Of
$500 damages.
The object Of this act was to draw into
the Court large amount of business, that
pretext might be afforded to the Common
Council Of 1853 IA Common Council that will
long be remembered in the City ofNeS York. for
increasing the salaries Of the Justices, 10 view
of the increased amount and imp, rtance Of the
busness before them, and it effected that obi scs.
TIE mere increase of jurisdiction would not of
i.self have brought business into the Court bat
to produce that result, provision was Inserted
il the act authorizing the Court to give the
sane cOsls of suit as in the higher Courts,
and as lawyers could get al equal amount OF costs
without being put to the trouble or labor OF
drawing and getting up those preparatory papers
which our laws require in the prosecution of
cases in the highest Courts as safeguards for the
due protection Of the rights of parties prose-
cuted of course, the temptation to bring their
suits in this Court was irresstible.-tbe effect Of
which was 10 draw off from the various Ward
Courts that have jurisdiction to $lO0, all suits
where more than S25 was claimed, and large
to the higher Courts.
The practical result of the change is that
the business Of the Ward Courts has dimin.
ish.d, the Justices of these Courts not being
occupied more than an hour or two in the
day while the Marine Court is overcrowded with
business, which is dashed of in style We will
not undertake to depict. OF course, Judgments
thus rendered are not likely to bs followed by
the assent and submission Of the defeated party.
His lawyer points out to him that Judgment has
been given against him without due examination,
in ignorance Of, or ia defiance Of the law; and If
he is able to give security and can afford to pay
lawyer for conducting it, he brings au appeal
gets the judgment reversed and the whole mat
ter has to be tried over again. These appeals,
according TO q statement recently made BY the
Justices of the Court of Common Pleas to the
Legislature, reached during the last year to Us
mary o. 300-au amount nearly equal, if not
quite so, TO the whole number Of cases brought
in year to tho Court of Appeals from the diff.
erent Courts Of the State.
Now ihs, We say, is q great public mis-
chief Tee chief ED to be attained in a1y legal
s,stem is to have q matter carefully and
Thoroughly investigated and determined accord
irg 10 the law, by able and competent Judges, in
the Court to which the parties first resort. that
there may be no occasion thereafter, aud no in
ducement, to carry it to higher tribunal
with the view of getting it tried over again, for
sone mistske made in tho Law. This Is the case
in Eoelsnd and France, where the Courts to
which parties must first resort are presided over
by the most able Judges In the land Aud the
consequence is that few cases are there appealed
except those involving intricate and very difficult
questions, while in this State the great bulk Of
the litigation consists in hearing mOrons for new
trials re.hesring, and the like. Wehsve no doubt
that the greater part Of the time OF the judges Ia
the Court Of Common Pleas is occupied with the
appeals from the Marine Court-the larger part
Of them rendered necessary, through incompe
tence and want of knowledge in the Justices of
that Court
But there is even more serious injury to
the public, growing out Of the changes in
this tribunal All experience has proved that
one of the greateit curses in a community 10
what is called cheap lac. 1t may seem paradox
zeal to say so as 1t is of course, desirable to get
justice at as little expense as possible. Bat the
practical effect of cbespenDg the facilities for
commencing lawsuits 10 to foster and give rise to
litigation, In cases where the parties would never
dream of going to law, but would settle their dlf-
fculties without it. II breeds class Of needy, |
ignorant, unprinGpled pettifogges whose chief
business 1t Is to stir up lawsuits from which no
bene6t Ia derived nv Anybodv but thAmaefvaa