New-York tribune., 1867-07-17
THE Judiciary or NEW- YORK CITY.


In The North american Rereu for July there
is a remarkable article on the Judiciary OF tins
city. written evidently by some one who has
excellent meaus of knowing whereof he speaks.
The picture of corruption which it presents is
indeed startling, but we have unfortunately no
excuse for thinking il 0vcrdrawn. There
was time when New-1ork could be
proud of her judges; when the bench
was recruited from the best men at the
bar and stain upon the ermine was
almost unknown Even under the elective sys-
TEN the courts maintained for a while the
honorable reputation which they had acquired
in previous years That they have fallen to
their present low estate the writer in The
North American attributes to three causes.
The first is the same cause which renders
every measure of municipal reform almost i'm
possible in New York. The last census showed
that there were in this city 77,i7j foreign-born
voters, and only 81 800 native ones. Since then
the natumlizations have been so many that
the proportion now is probably 100000 to 10000.
Foreigners. of course. are not necessarily in
capable OF self-gOycrnmcnt; but the fact is
notorious that in NewYOIk. as in nearly all
large cities, the great majority of the cmlgrants
are ignorant and demOralzcd; they have little
at stake in the welfare of the community, and
they easily fall a prey TO political tncksters.
They not only support Democratic candidates, but
as between two Democrats, they will, as n rule,
prefer the worse one. This was exemplifed in
a very curious manner in the contest between
Daniel F. Tiemann and Fernando Wood for the
Mayoralty in 1851. Both were Democrats.
M nnI.
versally respected. Mr.. Woodruff we
know all about him. Well Mr.. Tiemann was
elected 10y 2,39s majority, which was within 100
votes of the preponderancc of native born over
natulalized voters according to the census of
1855. An analysis of the vote!by wards showed
that the strength of Mr. Woods party, all
through the city, was almost exactly that of
the naturalzed voters. 1t is this same party
which has recently elected Il prize-ighter to
Congress. The wonder is that they have not
brought the bench still lower than it is al-
ready
The second cause is the dangerous amount of
patronage at the disposal of the judges. With
the great increase during late years of refer
able causes, the courts have acquired the power
of appointing favorites TO positions of enor-
nous profit. The legal fees of referee are
nominally 50 a day; but by the custom of the
bar he is allowed s., which sum he charges
for every day in which he does anything in a
cause. Half the days charged are mere ad-
ioumments arranged 10y the referees clerk;
the other half are very brief sessions, and
many of these, too, are conducted by the clerk
I'm pressing cases the referee can make what
terms he pleases with the counsel; ; and when
his relations with the court are such that there
is n moral certainty of the confirmation OF his
report, his fees often run up To an
enormous sum. Then there are receivers and
commissioners for opening streets; these are
appointed by the bench, and get large fees for
doing nothing. ID has been said that on the
settlement of certain receivers accounts re-
Gently, the Judge who appointed him demanded
half the fees. amounting to $4,000. Vi course
the temptation TO dishonest man to intrigue
and brbe for the sake of getting such valua-
BILE patronage as this is almost irresistible, and
a man of Lax morality on the bench can hardly
fail to become in time thorough scoundrel'
The third cause of judicial deterioration has
resulted from the efforts of the bench in times
past TO interfere with the frauds of the Com
mon Council. The plunderers of the puDhc De-
came aroused to the necessity OF controlling
the civil courts. In 1861 notorious corruption
ist, after making a display of patriotism III the
Nominating Convention of his party, proposing
for reelection TO the Superior Court Messrs'
Hoffman and Woodruff, two OF the best Judges
in the State and collecting large sum Oh
money from them for what lie represented 10
he legitimate election expenses, sold them out
nj tho eleyen,b bour for $4,000 and caused
other names to be substituted ihe m'so
classes interested in evil or iilegai ptac'iees'
the gamblers, the advocates OF i'ee
rum, the Sunday traders, work hand III hanu III
this matter with the corporation" King ana nave