New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-12-29
THE COURTS.
sUPREME,CoURT-GENERAL TERM.

Before Clerke p. d., Sutherland and Cdrdozo,
j. J-Alexander H. Nones and j. s. Blankman were al
United to practice at this tar on motion.
Retirement Of JUDGE CLerjg-It is reported that Judge
Clerke. who goes OF office at noon ON Friday Will re-
sumo practice a cOunselOratlaw during January, az
No 25 Broadst corner Of ExehaBgeplace He will aot
chiefly as consulting aud advising ana as aroi
BEFORE Judge Bar7,ard-Al er0nder Compton agt. WI
liam H. Nelson and Others he Nec York stock Erehanoe,
Justice Barnard has gwen decision In this case sus
tainng Justice CardozOs injunction against the stock
Exchange, and in which he says THIS Is motion on ING
by Judge Cardozo against the defendants, the Newfok
Stock Exchange. II appears that the plaintiff had .
pHSar O te Stock Exchange but his partner PaTs
was member; that these two partners the platinum ana
some transactions in gold with one Randall H. POotc.
and that Foote a member Of the stock Exchange.
suit has OF these transactions IN gon, Wbch
now pending in this Court. and all the issues IN when
have been referred. IN said action IN this COURT 10
referee, TO hear and determine the same. i, LAX
Meantime the Stock Exchange has assumed !uflsuV-
ton the controversy regarding these goa tIahs
TONS and asserts the right to determine tile same ny
we're with tbe pIanG and Pardee as
equal partners and that the plaintiff is not and never
was member Of the Stock Exchange; and II Is ldle 70
pretend that all the interest OF OF these two equal
partners in these gold transactions can be finally ds-
ermined and settled by compulsory arDltfhtlO WIN
ont ieopardlzDg and materially affecting the interests OF
the other parner-tle paintifiin the same. On this
grOund-and It seems to me solld ana suDstan.si
Euy, ~ lilo OF this Court TO protect him, by
junction. against the inermeddling WIN hs rights on
sem ore him or his property do not see what pra
cipe the continued protection Of this Court can DC denied
TO the plaintiff As is well contended by his counsel Wa
have no more authority him over 10 the stock
Exchange as the place where he must seek ms redress
than we have to Danish him from the SOL oi the otio:
His property cannot be reached against ms WILL put py
due process OF law and through the regularly constituted
judicial tribunals The Stock Exchange Is a N2luh'ny
association OF individuals, unknown 10 INC law
as a court OF judeature; aud without discuss.
rug the rights or powers which II may OF may hos
have acquired, between its members Oy their agieo
nen or consent it receive countenance from TINS
Cart i'm any attempts stretch its authority either Ut
rectlv or Indirectly through the medium Of copartner
ship over persons or property which have never been
Voluntarily submitted its control sun less can We
sancon any effort however indirect 70 Dust this Court
of its lawful Jurisdiction. ,., -
The ancient landmarks OF the judicial Tribunals can
only be removed through the regular form OF c0nst
fio1al amendment The injunction must be continued.
with $40 costs TO the plaintiff -. -.
Sirahan & Root for the plaintiff and in support OF the
Injunction j. X. Hill and John l.. Burrll Tor the 5V"ck
Exchange, and against the Injunction