New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-02-19

Covernment-in which the public are cher parry
In interest but which. to the total denial IN many
cases Of Justice or anything ike IT, are suffered To
drag on with all the tedious lasstIde Of ciV suit
The cases 10 which We nov specially ret5r arc
n-ocee6nc. nv qao pqrrla1 against hose N cfiice.
With the design to obtain legal adJUdlcation 81
their rieIt % lo,d il. tbs proceeding. under our
foFn. Of government, where such multitude Of
Ulcer, are snnus,iy elected or appointed AMI
where "a many NEE questions MAJ arise re.-I'eto
the reculsrit, OF their election or appointment. ls
evidently OF tie highest importance, WHALE tho
.hortness of the term for which most OF our
officers aIe chosen or appointed makes necessary
a very speedy adjudication. Jet tho whole
proceedings in these case. are stu. regulated
b, old English precedents and usages, so that
tie claimant OF Office, 20 which be has been !e'
gall, chosen or appointed but from which ne has
been ousted by fraud or ignorance in those from
whom he ought to receive the certificate OF his APP
pointment. is turned over to q lawsuit which NAV
probably last for two or three years after the time
Of the Office in contention has expired
Nor is this all nor the worst. The claimant Is
not allowed 10 prosecute the suit on his own &C.
count and TO speed it last o, he can. lie Is not
recognized os party but only the public and the
prosecution must be carried by the Attorney-Cen-
eral. who nav chance to have q community OF III
terest or of party sympathy with the officer sought
10 be Oused, and who, instead OF expeditng the
suit may do all be can to delay decision.
This is precisely what has happened IN the fa'
pGTy0n'O case now pending before the Supreme
Court Of Wisconsin 10 test the right OF Mr.. Bash
ford 10 hold the Office of Governor OF that State.
1t is alleged that, by false and fraudulent count
On the part of the officers to whom that duty be-
longs, lie has obtained 4 certificate of his election
as Governor to which he has no right, whereas the
certificate ought 10 have been given to his opponent
and rival, Barstow Mr.. BaTstOw accordingly
caused process of qUO warraato to be issued to
bring the question before the Court. 1t speedily
became evident, however, that if left in the hands
Of the Attorney General, who is political friend
OF Bashfords, the suit might easily be protracted
so as entirely to defeat its object. Application
was accordingly made to the Court to allow Mr.
BarstOw to prosecute the suit for himself; and
their decision that they had no power, as the law
sands to take it out of the hands of the Attorney
Ceueral, has been regarded as securing the full
endowment of lis Office TO the intrusive Ba3hfOrd,
since the Attorney General may easily prevent any
decision till after the term of office has expired.
The difficulty existing at this moment here in
NcH-York as to who shall occupy the disputed seat
on the bench Of our Supreme Court, grows in part
out OF the same defect of the law. If the matter
could be decided in a week, as all such matters
ought to be- there would be no struggle for the oc-
cupation of the bench in the interval. But as ac-
cording to the forms OF the law they exist such
decision may be protracted for two or three
wears: possession becomes in this instance Of at
least quite az much importance as right. The
wretcbedness of cur existing legal system in this
particular, the motive which made Mr. Peabody 50
anxious by a prcOccupation of the bench, 70 drive
Nh Davies 70 his qHo rarranto and the objection
of Mr. Davies to be placed at this disad ige are
all very fully exhibited in the following paragraph
OF the letter of Mr.. O'COnor, addressed to NJ.
Peabody which we published some days ago:
Should Mr.. Davies the Office quo warrautc,
piO.ecued uLOu y0ur relation rainst him. would test
the question; ana in case be should facilitate proceed
irgs rs Mr. Cowles did, decision might be- Obtaincd
very carly in the next term Of the Court of Appeals
IT, On the contrary. Mr. Davies should leave you to
speed the case as you best might, without all from
HIN, two Of three wears might probably eapse before
a final judgment could be obtained
What a ridiculous absurdty that case like this,
so important to the public and which might per-
f city well be decided in week day, may stll
be spun out at the option of the party in possession
for two or three years With this gross instance
before them, can the Legislature hesitate to come
to the aid of the public We trust they will act
upon this hint and pass an act providing process
by which such questions as this, instead OF lnger-
ing for years. may be settled in a week.