New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-03-08

Judge usurper and to be treated a. such. III John
| Smith or Patrick Killigan were once to do what
NJ. Davies has been bong FOR the stthrse weeks,
would it be endured for moment Court OF
Justice is not a mere poser Of scales. II has
offcers. sworn to do it, bidding; and powers quite
ample for emergencies Of this description. II
lot unfregueuty commits persons for eontemPts
far les gross than this which We are discussing.
! Tlese powers would surely have been invoked 70
eject an ordinary intruder and yet Mr.. Davies,
! who. in the Judgment OF the Court, as expressed
On their minutes, differed from ordinary intruder
not whit il allowed 70 EemsiD.
Noreoyer. the order entered directs the officers
Of the court not to treat Mr. Davies az Judge.
| Has it been enforced Not at all. The Sheriff
opens court for him day ater day and the clerks
register all bis orders Not a wsrd appears 10
have been said in disapproyal, much less in prohi
bitten Of this course The Bar observing this, have
gradually brought their business before him, and
be has gone on making his full share Of decisions.
| Meantime the General Term has been held, once,
twice, three times; and ample time and opportunity
! given for some decisive step. Indeed, some gen.
tlemen Of the Bar have attempted 20 bring it on,
but nothing is done l. this then, silent retreat,
without beat Of drum and quiet way of affirming
| the right Of Mr.. Davies TO a seat No: for Mr..
Peabody dons his Judicial robes at stated intervals
and, as if to d:spe all doubt, Judge Clerke one
day vacated an order Of arrest granted by Mr. D.
vies, on the ground that he was rot Judge.
Not word need be- added by way of censure:
the facts are condemnation enough Here is a
Court which goes out Of its way TO decide who
it's legal members, and yet has not sufficient
strength Of mind to Dust the man whom il has pro-
nOunced an usurper, or to prevent It's officers from
recognizing and obeying him; Court which al
lows such person to grant divorces, order ar
rests, hear and decide important motions, and 70
sit all the while in seats cOnsecrsted 70 the ma
jesty Of Justice, as embodied in the Supreme
Court OF this District-a Court which permits this
TO 90 on for nearly a month. And to crown al.
Nr. Justice Clerke sees fit to suggest to the Bar
that, till the difficulty is over, they had better
bring no business before either Mr. Davies or Mr.
Peabody. We are thankful that the Bar do not
submit to this kind Of dlctation but are willing
as well as the Clerks ard other officers, to assume
responsibility which is very readily shifted upon
them. and to act according TO the best of their
judgment.
The course of Mr.. Davies affords is an agreeable
contrast with that we have been considering. From
all We can learn it has been udiciOus from first to
last He has maintained what he considered has
rights with equal modesty and frmness, taking all
business which came before him a matter of
course. His position az the outset was trying
one. The court in which he claimed seat had
declared against him. Of the opinion of the Bar or
the public, or the crowd which filled the court
room, he was ignorant, and had nothing to rely
upon but simple judgment of the Court of APP
peals To do what be did required some nerve.
1t was to take his seat by the side of the very
Judges who had the previous day sent him deci-
sion adverse to his rights. Since the 18th of Feb
ruary be- has taken the same seat at every session
of the General Term, and has sat regularly at Spe-
cal Term and in Chambers. To say all in a
word, be seems TO have learned the two things
most essential in the emergency" to labor and to
wait
But how long must be wait How much longer
must all those who are interested in the peaceful
administration of justice wait Tor decisive settle
ment of this difficulty 1t is not fair TO blame
either Mr.. Peabody or Mr.. Davies for not wishing
to leave his comfortable seat in order to take what
Mr. OConor calls " the attitude of plaintiff" The
responsibility of the present state Of things rests,
We repeat with the Supreme Court of this Dis
trict. 1t may continue, for all We can See, ad in
fnitum-parties remaining in ignorance as to
whether they are really man and wife; whether
their creditors are under real arrest, or liable at
any moment to be discharged and escape, as was
the case with the person Sc, free by Justice Clerke;
and whether they have been wasting time and
money in useless litigatiOn-unless some step be
taken by those who threw matters into this con-
fusion.
Mr. Sickles of the State Senate proposes novel
and ingenious remedy for the trouble. Ii is to
abolish the additional JuJgeship Of the Supreme
Court, created in 1850. This cuts the knot with
vengeance, and with it the interests OF the com
munity, which demand more, not fewer, judges, to
dispose OF a calendar numbering some 2 500 cases,
fifty of which are rarely finished in term. II is
hard 30 say whether Mr.. Justice Clerkes suggestion
TO the bar to dispense with the use of member, be-
longing to body, whose present sOwnes, isprover-
bsl or Mr.. Sickessidea Manipulating it altogether
be more impracticable. Mr. Sckles' bill is also
open to the legal objection Of being ez post tact0,
since it abolishes an Office to which somebody is
entitled for the ensuing term. The judgment of
the Court OF Appeals he says, is powerless. But
why pOwerless! Let Judges Roosevelt and Clerke
answer. To help them out of this unpleasant
predicament into which they haye plunged them
selves can be the only purpose Of thus bill-a pur-