The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-08-18
STRUCTURES on the Judiciary Of New York
City-RefOrm Wanted.


politan press A few ideas OF this full swelled
harmony have, from time to time, scintillated
through the columns OF some Of our morning
and evening journals, but the cue" was more
recently given by an article which appeared
in the North american Reu;eu, entitled "Thc
Judiciary of New York City" and since its
appearance grand chorus has been inaugu-
rated. Then noted preacher joins the throng
and uses some decidedly coarse SMILES in the
expression of his ideas on the same subject
and which he applies collectively to the entire
judiciary. That there is corruption on the
bench we must, however unwillingly, admit
and who can turn to any branch of our gene
raj, State or municipal governments and say,
do here is one in whom there is no guile %
But what we most especially desire to call at
ten,ion to is the system of indiscrimination
which leads these babblers TO condemn with
out experimentation the customary "few
honorable exceptions" 10 peculaion. fraud or
intrigue which are to .be found in any and
every public body-which leads them, we say,
so to asperse the entire metropolitan bench.
There is no branch of the courts left I'M
scathed they begin with the Supreme Court
bench and conclude wth'the Police Justices
courts.
Now, this system of universal cond cmnaton
for the wrongful acts of few is practice
manifesiy unjust and is a perversion OF that
very justice which it is the duty of those to
dispense who are attacked for their remiss-
ness in their administrative capacities. That
there are honorable, faithful judges on our
bench, gentlemen of intellect and sterling in-
tegrity, is fact which these aspersionists
themselves cannot controvert That there are
some who disgrace the ermine, no one will
think of denying but let us, in all justice and
moderation to ourselves, think and hope that
the latter class is a minority. Is it possible
that of the scores OF important cases, involving
large amounts of money or important prn-
ciples of public right, which have been tried
Of late years, majority of the decisions
have been the product of bribery or pecuniary
reward? And yet if a majority of the members
of the bench are contaminated, as is claimed
by these wholesale vituperators, a majority of
these decisions must have been paid for. e.,
ii the majority OF the members do the majo
portion of the work. In the less important
cases ii is charged tia! politics decide many
question adversely to liigant who is sub
stantiaily cntided to a decision in his favor.
This. unfortunately, it is generally admitted, is
the case, and many an honest lawyer, as he
trudges to court with his briefs in his satche,
with an honest case prepared to be submitted
to the court, trembies for his prospects of sue
cess, and those of his client, which some politi.
cal consideration may decide, but which in
right and justice should be unthought OF in
the case. And this abuse exists, more, perhaps,
than in any other in the matter OF compulsory
references, which are frequently adjudged to
some political lick-spittle or hanger-on of the
judge, irrespective of the wishes of the lit-
ganis or the capabilities and discretion Of the
appointcc. A judge must be politician; a
politician must have constituents; constituents
must have a few crumbs thrown to them 10
keep them pecking in the vicinity OF the poll
iician's table. Here is where the difficulty
lies. The men who give the major:ies at cleo
tons are not usually the men Of intellect or
i'l'AipuruN' consequently - TIC lHcu WIZ
are elected by them who hold Office. We need
radical reformation in the system Of creating
the Judiciary. Tn, appointing power, to be
vested in the Governor, is perhaps the mos
direct way of reaching the root OF the disease
This has worked successfully In England, and
the Judiciary Of that country is probably the
most irreproachable on the fice of the globe
But the difficulty that meets us on this point is
one which restricts the very primal principle
of our repubicanism. 1t is a restriction Of
the present exercise of universal suficage-a
Limitation OF the choice OF. the sovereign
remedy might be found in The united ctfor,s, at
elections, Of those who are certainly most cog
infant OF the errors OF malieasances of the
bench. We mean the bar OF New York.
In their hands would lie the power, to great
extent, Of remedyng the evil. The bar of New
York is said to number about tour thousand
members. They are the body from whom the
judges are selected they are the persons who
come most frequently in contact with the
bench; they should hes. understand the quail
locations OF every candidate; and they GER
tainly, as much as clients themselves, feel the
wrong and injustice Of O decision awarded in
a corrupt or partisan spirit. Ifsuch body Of
men. by united efforts. cannot effect something
in the way of reformation, it is poor refec.
ton on the influence and standing OF the New
York bar. To do this however. they mus. con.
cen.rate, and in this one particular, in voting
for judges Of our State courts they should
vote no party ticket Let them vote for ',he
right man. no matter what the political strip,
Of the candidate may be. The bar at large
will be benefited in the end by their sacrifice
of party to the requirements and interests Of
the public policy. II is as necessary that ou
judiciary should be incorrupt as our Lcgisla
ture, and with incorrupt Legislative and judicia
bodies the people need never fear the Execu
| .ive.
4