The sun., 1870-05-25
WHY IS'JUSTICE DELAYED 2
Arsumes. Of The Motion 20 stay Preeeessnss


a"ecass Oh IN Es9ffson the relation @ Joha
Court before Mr. Justice Brady, yesterday morning.
Some dine since Mr.. ". o. Bartlett applied for
Mr. Foley, to Mr.. Justice 1nsrahau,, for msndamus,
m obedience 10 the law, to appoint Mr.. Foley Super
visor. Il was on this application that Judge Ingra
ham rendered the extraordinary decision that Mr..
Foley entitled TO the onice, but, as IL was soon
to expire, inerptdieut to execute the law and
give Mr.. Foley his rights.
The right Of Mr.. Foley to the once OF Supervisor
was again decided on Monday, by the rulings Of Mr.
Justice Brady and the verdict Of jury In an action
In the nature OF q quo tcdrrdHfo
Yesterday morning the case aeain came up before
Judge Brady application by the counsel for
Henry Smith, the defendant, for stay OF proceed
hgs until the case could DO carried 70 the General
Term.
Mr.. W. o. Bartlett and Mr.. John mcKeon ap-
peared for Mr. Foley, TO oppose the stay.
Judge Brsdy-what injury TO Mr.. Foley will TO
suit from granting this stayf
Mr.. B,rtiett-If your Honor please, ~ has often
been adjudgod as matter OF law, that TO deprive
party OF his legal rights s, In ITSELF injury OF
which the law will take cogniZance. Judge Ingra-
ham has decided, In this case, that Mr.. Foley is
legally entitled TO the ONCE He did, 10 is true, say
that there was dlncui,y in his mind about the con-
stitutionality ofthe law on that point CONCUR In
the construction put upon his opinion by your
Honor and differ from that given to by my learned
associate yesterday.
Judge Brady 0nterruptng)-Nr. B1rtlett, have
not only read Judge ingraham's opinion, but have
conversed with him about V, end he told me that he
had douois about tho e'ns'l'u,lonnh'y Of the law
concurred with your Honor's construction OF his
opinion
ouuee brauy-l u'suuue'7 7''o' s"u'
Mr.. Bartlott-Tf your Honor VIII be kind enough
In attend IN Tho rom liner OF tho very few remarks
-, ' " '". ~. , -. o-,,.
"hien mtehu 10 lhahc' " u''y p'o'en' my 'u'N''
Misrepresentation.
Tho rIrht of NJ Fniev 10 tho ornce of Superyisor
-, -, ,.,, A., -, :, ,h -, ~
mas now oeeh deefmineo oy t"o o' '"S "uuseS VI
the supreme Court and oy the verdiet OF jury IN
his favor, Why should be be kept out oft?
Judge Brady--what reason is there why stay
should not be granted until the case be decided
nv tho General Tcrmy
" 'Ho uen'i@ Ieinn
MT. hsrteu-Ihere II very great reason "hea 10
defer putting him nto tho enjoyment OF his riehts
nmounts. I'm effect TO q denial OF his rights alto.
gether.
Judge Bradv-Bnt this is constantly done. We
,,ya s,o,n,o .xrr,.s,v opthor,z;p, versict ,o no
"'u'' 'NP''s's "'"N 's
taken subject to exceptions
o,onr, 90 A., ,,,,. Ion, c,,,t ,,,,irs, tho tn,,s.
N"u'' y" u' ''''' '"i ''''-"' '''"'"'' Wv ''N'
tce OF 10 In this case.
II IL now iudicielly determined TINT NJ
r., 4. -, 4, a. a. a. a.,
Foey eh.''ed "" o'uee' Al 'Na'
stands In his wuy Is doubt winch
bos beep rntseI "a N tho copstitu,io,a,Ity
~. - ,.,,,i = ri, ~, ,.,,., o.. ,o. , ~,
OF the law winch makes voi all votes cas-; ior To-
ee NonnssiunVl - ~ - =, VA .,'. ~ - .'m ~, W
lNes menlOei VI 'nis '''o W s0H'e i'-4' Va PA'A
iese.
. Now know der what Disadvantages men OF
genius, like nv learned iricni Mr.. yanierpoe
labor As soon as they are anmltted 70 TIE bar they
are overrun with clients, aud IRON that TINE on tho
food OF business which flows 10 upon them Is con-
tinually increasing. They have very little time for
study. would not ask my learned friend TO read
through the whole OF tho State Constitution. But
! do not think II unreasonable 10 invite his
attention to the lrst iocr lines Of That important
very first article Of the StIte Constitution ho viii
find that it provides as follows:
"No member Of this state shah be dsfranchiqed or
deprived OF sny OF tIe rights or privileges secured 10
Any tHen ihsteof uni,,s BY The law OF iae laai or
wv s'uu1neh'o VI ns peo's'
=, now ~ has mot been contended by any one tnat
enry sntn ma oeen HsgrNeu a., o. @ sny rs' or prN W.,
ieEv secuIVu w ahy uus pl we % 'sN " ,, te
,hnu hnu " y 70 W @ 'io ns,s ,
,ansuge & a. TO make the seeaon wleh nave aao,sa
,n ,he ne H ~, /, u .h ny ~ n VS. ~ ~
S,, % " y AZ aeriysd V 81 e sar,i % ih,a ana n,,xI
ins 10y 10y ,l ~ ~ ~ ,ie 49, ,.u, psh.u
~ 40 ari.S ~. AZ. s'e ,h ANA uo ,h,
poes he 20 !. dsnryeg W ~ sn9 S1 'S
i Loiico 60 Jun ~ uop''eu VI 'no Iisu'to re-
,n V. h ri 'h a,,h a.,,o, a, ,,o cons,,n,,o
so,o ~ ,pe me Isnsh ",.V,e o. C,e h
~. 10 tne W y ny speclAi
" Aet W e-'sp,n eorporalons lor muelHl Purposes;
anu Iioii tle 70 utle .o ale. OF repeaI ah seherh
or rpeyiaI acts passed pursuanl 70 that -eeIlon'
- We Law uhue. oousliera'lon ~ out an amehdment
OF previous act passed Ior WuhleipAl purposes. .
- NO dSc!ota opinion mas Deen eRmessed by the
Iour, lha' lue iaW y uhcohs'l,uu9hal onY d0upt
I'm. oouV., lgn, ~ A Vt,. ,Ss ~ ,l'Su, Ani
, an ~ auso, @ ~ az " ~ ~ ~ ' 'uv M ,
Iulgnahy must De very el,ar 10 Do sustained oy 'he
courts; Ni iii, -, - . -, .....,.
4, IuS NoIIts mll nus IIunuun.e NV unVunst,u,
uona' unierI Tvs opp9slon 70 M e nv pe ~ Wy WY
pAln' TtttoHF ~ trtN % II o. DH'"'0"" w.
Hgc t' nWdWGTa,i u %. -, A.,
10 Justly 'pu't In p,i, prunuunelns uh @ sC' " VIC
h"Els'Alu.o 'o pe unoo,S hu'ohhi tue W.. & &.l"Pa,i-
pltS nHs. hos oe W nent.'Ne' VI 70
ne ounu "l'i & III u, 49, vi suPH ~ ~
s,quCnVr " uus. w e..ii uo.lHru' "hI nv ~
PIC, such us pe-sn,s OohlaniSuph ~ ohce W tne
mlHu, M..hOut eHNlns' eiiol " loIcNu 'uisanl"ss
Vr rcno'J az, Lsto1ISW tS, nO"'e'
RI os oo; raemr & .s nv Su. i'1 hr, h
49, uie rom r ,,aI nj d asrd h - @ our @ tuep
GsNe oeeh frequently e,so '.I aftu C W oui OMn
r , ooc, any, d se,tIcl rnie Of adindc,tion IN
uyMn '.ie correct a,l Wy Wv y. IN
regard 70 lho eons..nuohav ~ iosl,.'uNS acts;
iour nonot sesneu AZ 1fsl, thoush., nhIi iaSIhed
70 Lepuke me oeeuuse pio.eseu S,sins, s,ie ut
,,I5mg ~ ol yusCe @ ~ g.ea, LA "a ~ S
W. ae ui oun ,oI I ~ nil ~ Pishts tbd
Noither instiee nor rinht should be sold 10 any
person. nor denied, nor deferred"
They ranked in enormity. in crimna'itv, In turpi.
tude the defTHRg OF justice with its denial or sale.
l have no fault to dad with the judiciary of the
.itv Ma rad