The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-01-07
A serious charge of want of judicial In.

serious charge Of want Of Judicial In
tegrity Is made against the Hon. Il. DARWIN
SxIru in connection with his recent decision in
the Albany and Susquehanna Railroad case. The
substance Of the decision was that Che Directors
elected last September in the interest Of Mr..
RAMSEY and his associates were entitled 10 the
possession Of the road, while those elected by
Mcssrs. FISK and GouLD and their friends were
not The law Of the decision eau be reviewed on
appeal, ard, under ordinary circumstances, would
be presumed to be in accordance with Judge
SnIrH's honest convictions; but his conduct at
the time OF announcing II was certainly very un.
becoming. Contrary TO his previous promise to
the counsel Of the FISK party, Il Is said that he
communicated bis findings of fact aud law to the
counsel Of the RAMSEY party, without notifying
their opponents, and thus deprived the latter Of
the opportunity of taking an appeal before judg-
ment was entered. More than this, he showed
in the most indecent manner that, so far from
being impartial in the matter his sympathics
were entirely with the RAMSEY party. One Of the
counsel for the FIsk Board says:
Immediately after reaching my oface repaired TO
the Judges cfhce, adjoining The state Library IN the
ing a, the door found locked ratified at the door,
when he came and opened 1t q little, but wide
sNITIn IN the JUDGES chair Tho Judge came ont
and closed the door behind him. and then said that
had read his decision, and came TO be informed as
TO the time when the fncts would be settled He
then said that he did not know that had anything
70 do with the settlement OF the facts. Ireminded
lin OF his conversation the day before, aud said that
we had as much interest In that settlement as the
other side and added that as he had opened his
door, could rot help soeing the counsel Of the
other side in his room lie said they were there en-
gagged 10 settling the Facts and 1ndings conformably
to his decision. told him that We wished to np-
peal INTENDED TO do 40, and that time was hbso-
lutely necessary TO enable us TO do so; that l
would prepare an afhdayit and apply for. a stay in
c3'ering Judgment, or In proceedings upon II, TO
enable us to bring an appeal and stay the proceed.
ings He told me To prepare the AFFIDAVIT asked
made no suggestion of one. repaired Immediately
TO ny Office aud drafted an afldayit, and, without
~, MATHIS to verify IT, returned to ns eocc found
once and In about one hour had attempted TO ore.
pare an undertaking and notice OF appeal.
l saw judge SMITH in the streets went out and
acoostcd him, and ho told to meet HIM
AFFIDAVIT; found MoSx ard McFAnIArp already
there, and shortly after the Judge appeared.
swore 10 the AFFIDAVIT and presented 1t, aud explain
cd 10 bin the necessity OF giving me time to see the
judgment and to communicate with you, 80 that
appeal could be made with proper undertaking to
stay proceedings. asked tor ten days. The appli-
cation was strongly resisted. Iasked for twenty
four hours. The Judge said he would give II, but
MoAK btsough him not to do IT, lie
said the findings were readyfor signature lie should
sign them that an appeal would def,nt ms judg-
ment; that 1t could not be disposed 0f before the
next election OF Directors In September that II he
should give me opportunity TO appeal and s,ay the
proceedings he would stultiry himself; that ap-
peal would be JrtroLous; Mdt u cds only iEtes ted
10 rum Tie Company; that It had been deliberately
adiudged by him after careful examinations that the
Ramsey Board were entitled to their Offices; that we
could not set aside that judgment"
II may be that the Judge is right in his view
Of the merits Of the RAMSEY cause but his zeal to
serve it far ou,runs the prophecies Of his posi-.
ton.