New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-10-28
IHnLCLARY REEORM


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JUDICIARY REFORM.
The last few years, and the last year partl-
cularly, have shown to all who have any inter-
ests at stake in New-York that great obstacles
here exist to the administration of justice; and
it is certainly not necessary to prove that IN
this matter every citizen is profoundly inter-
ested.
In the first place, there are long and ruinous
delays in our courts. A cause must in ordinary
course rest over two years before it comes to
trial at all and, when tried, it has six or eight
years before it, probably, on appeal. Such de-
lay may ruin ltigant, and can only serve the
side of the unjust. Some relief might doubt
less be devised through change of the pres
ent wretched system of jury trials in civil
cases; but most of the delays are accounted
for by the crowded state OF the calendars.
From four to five hundred causes go on the
Supreme Court calendar per month in this city,
and it is evident that but small proportion
can be tried The same difficulty, in greater or
less degree, is felt throughout the whole State.
1t thus appears that there are not Courts
enough.
As for the political relations of the judges,
it is doubtless inevitable that they should ex-
list. and the great mass of litgants need
not be, and are not. affected by them.
But the personal predictions of the Court,
and personal preferences for political or iinan-
cial friends, do affect every one, If manifested
in the course of trials and who will say that
these have not been witnessed in a terribly in
creasing degree within the last twelve months
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peculiar arrangements of our Courts, whereby
the same judge in turn sits. now at chambers
TO hear motions, now at Special Term to hear
law arguments, then at jury trials at Nisi
Prius or Circuit (as it is called), and finally
forms one of the bench to review his own de-
csions, and perhaps goes with them to the
Court of Appeals to aid in their determination
once more. 1t must be remembered that the
facts are all settled and determined generally
before the case goes on appeal at all, and
largely according to the view of single judge,
and at all events before the case goes to the
Court of Appeals with one or two eXceptiOns).
In this City, the most palpable wrong has been
found in the circumstance that there has of
late been no regular rotation of judges, but
friendly Judge can be found, when wanted by
his friends, specially waiting for particular
cases in whatever place in the Supreme Court
they may come up; so, by arrangement the
same Judge can manage all the different stages
of the same case, until finally it goes to the
Court of Appeals in the stereotyped aspect he
has given it, to be judged upon law questions
alone, arising from the facts constituted, one
may say, for the case before this friendly
Judge. A casual glance ut the calendars, now
and then, will show how often this sort OF
thing occurs. The same names, in the same
month perhaps, appear at Chambers, Mt Cir
cut, and at General Term and the one or
two men strong in political power among
the Judges control this matter with in
flexible will and iron hand. Take, for exam
pie, the contest in regard to the so-called
&" Erie Row. or the recent rather humorous
case of BOlles VS.. Diff, about the Olympic
Theater-that is to say, humorous as the plain
tiff was baited SO pleasantly by the Court and
its friends. 1t SO happened, in January last,
that this case was called when it had but one
friend on the bench at General Term; it was
therefore unfortunate; and an unusual amount
of learning, skill and eiirontery, had to be cN-
ercsed mt the succeeding term to overtun this
Judgment, to procure hearing at General
Term constituted with two friends, and to as
sist the defendant The history of this case
displays very fully the tactics that may now
bc pursued. Thus it happens that our Courts
in fact make laws such as were never thought
of or intended by the Legislature.
But in nothing does the present illimitable
power of the Judges more clearly appear than
in the issue of injunctcns. In old times, in
functions were only obtained on notice but
now, not solvent corporation within reach is
safe for an instant. A suit is begun--an in
junction, without notice, is forthwith issued
no hearing is permitted and no appeal, except
practically to the same Jhdge-thcn comes the
Receiver. with fees in proportion TO the prop
erty. These are the steps, all of which can be
managed by the same Justice, even to the
appeal to the General Term while the poor
defendant, deprived of every possibility of
defense, is plucked on every side until he pays
down. Such actions have driven the Union
Pacific Railroad from this City to Boston, and
have driven of other wealthy manufacturing
corporations they have depleted the treasury
of the Erie Railroad and sustained the Wall
At gamblers; ard they have forced the cOnfes-
sion from one Judge that he dare not leave
the borders of this State for fear of arrest.
Now, in what respects would the people receive
relief from the crying evils of our legal system
by the adoption of the Judiciary article of the
New Constitution
The proposed Judiciary article viii assuredly.