New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-02-10
JUDICIAL ABUSES.


Houses Of the Legislature was held at Albany
yesterday afternoon to hear Mr. David Dudley Field
upon the evils complained OF the administration OF
JRstce and the remedy for them. We give the substance
Of his remarks He said that when the Legislature asked
act In respect alleged evil the first thing is TO
learn what the evil IT, and then TO seek the remedy The
reproach which has upon courts Is OF
IL deserved bat much of uDdeseTved The Judiciary Of
this staeis IN the main learned faithful, and upright.
The evils which do can for the part, he
died by the Legislature and By the united action OF
majority " the judges though nseparabe from
the in2sla system established by the Constitution. In
respect to the administration Of civil justice. the evils
complained OF delays conflicts of authority, abuse OF
iJuBetons aud Teceverehips aud judicial patronage In
Tie aPpoinst ofrefrrees The delays are without ex
Cue. eNeeS In the Court of Appeals. That Court can
LtNeho" W"fs now pun upon ~ Inc pai a u ,e
community pnst make M their minds to restrict appeais
Mheimed. as hs last has been But IN the supreme
Court there j. whatever for delay Thrre arc
scEt those Of distract assisting those OF another
CONFLICTS OF JURISDICTION.
The conflicts Of jurisdiction TO be avoided by
the judges themselves The only legislation to this end
which appears desirable return to that provision of
the code as lnally passed. which declared the
desguaon of judges hold the courts shall be such as
that not moro than Onehalf nor less than oneourh OF
the courts 10 WAch each shall lie assigned, sha DC ned
~ district wthn which he was elected" This
provision was allowed To stand but short time and the
which they are elected. though they are judges Tor
the whole state, ana The design of the Constitution and
the law . thafhey should circulate through H. Let me
iaGges elected IA the Isl District go TO other parts of the
soe Tor az least onionr,h OF their time and let the
Judges tOD the other districts come 10 us III TINS way
the dsiegraton of the court which has been going on
since IL established. will be stopped, aud the
tNn OF local Innehcts ana associations VIII De proper
uonatey aVOidrd Tile Judges themselves have failed 10
Ihough the code requires them every years
for the revision OF the rules But IL the Legislature will
toued and tho judges viii next August to revise
ths rules they can esetnay prevent conflicts OF jurls
ABUSE OF INJUSCTIoSs
The abuse 81 uiunctons consists in their beng care
ley granted erpare The complaint is not of late date
but Is almost coeva with courts of equity The scope OF
the power restricted by the code but the number Of
those who could exercise equity jurisdiction being in
by Constitution the of the process
increased. and with t the risk OF carelessness in the
using Observe by what gratations the abuse has
present The first step in the Broad
way Railway case where an injunction against an act by
a Common Council 10 expire with 1852 granted ex
pTrh the 27th OF December, with an order to show
cause the second Monday OF January. 1853. why it
should not be made perpetual This Injunction was APP
plauded by the whole community, and the members Of
the Common Council were fined or imprisoned for
passing ordinance in violation of 1t, though one OF the
Judges OF the Court of Appeals began a subsequent
opinion upon another branch OF the litigation, with this
efnienee Not among the least striking ana anonaons
characteristics Of tins Is the earneStness ana tenacly
serted and nantaIned The next step was in
Commissioners controversy of 1857 where conflicting IN
Pleas. Hben came the Metropolitan Police controversy,
wnea was ees9n by an saare IN .e
from Gov.king to the Legislature. recommending
drew aud urged upon the Judiciary Committee some pro-
visions, with view remedy the abuse, but met with
Years SSge broash p%1Is Hascions not more
oeellonaoe ~ thenseiyes yet more papa6e IN their
to ne6se 70 reset the power OF granting erpare IN
me brethren; another Is to provide that each eIpdrte
injunction shal contain provision that the party en-.
forth with upon such application the injunction must be
continued. modified, discharged This would. III effect
flp nf IN two
days. For two years past have urged this provision
upon the Judiciary Committee OF the Legislature but
without Once it passed House. and de.
feated IN the other The third remedy never 10 allow
inuucons erpdre but require notice longer shorter
20 gwen every THIS upon the WHOLE think
The best remedy of all similar provision has always
IL would relieve them from great deal OF dis
PORTRAYED BY suors exaggerated statements they
would then have opportunity to hear beth sides be.
may be placed jeopardy while the notice is running bus
This evil these few instances is small compared with
great evil of indefensbe epdrie njunctions
the former wOu Id also provide that
when an injunction granted upon notice, the Court
shall have power also to order anything after the
notice aud before the motion TO be undone and matters
placed IN saiI quo This would answer most OF the pur
poses ofS restraining order while avoided the evil Of
ludcjstorder affecting ones rights before hearing hun
RECEIVERS AND REFEREES.
As TO the appointment of receivers do not believe
that there ever any authority to do it eJpdr am
sure such authority is lableto infinite abuse and would
make against it by prohibiting 1T altogether. Ju-
dical patronage in the appointment Of referees is
ton of the code especially directed against It. That
provided that when the parties agreed upon referee he
should be appointed, and II they did not agree, one
should be named by each party and the two should
choose third, failing TO choose third should be
ere TO TINS section stated that
SeNfork to embarrassment Judicial
gs by b means has become greater than ever before been tIoTa
best aou " puug end TO 1t absolutely II the effect
sSS a.i ss sS Sp 9S"
1he section. however, stood but short time and gave
IVav fO he o 1
recur that, aud would Only allow the parties TO
choose referee, but would provide for mode
of selection independent of the Court whenever the
parties could MT agree. Thus venture TO suggest.
the ouly legislation required to remedy the evils have
mentioned the isilq%lng provisions VIZ; y, Elm ~
at Court cut OF their district.
Requiring notice before Issuing an injunction or ap-
selecting referees solely by the intervention Of the
parties themselves. Aud would also urge upon the
see m the State and sen
Act OF Jurisdiction The BOOK OF forms PREPARED under
code been adopted It would be convenience
your attention the pTOprlety Of sanctOnng 1t by leg
fslatiyo act not 10y way Of imposing them upon those
when sd, they should be deemed sufficient.
bin been drawn ~ aeeoIdSnee WITH these S
Besde tho prOynOns that have been mentioned con
OF them more clearly dehnes the duties OF the snerf 10
exceeding OTde Of arrest ~ that he shall be obliged
the PTasice IN SsW-York 70 receive bail ouly at the
sberas oiee and az that closed az night person ION
lie next Morning. This should be prevented aud If
a Defendant arrested after nightall he should be
entitled to {ba1 at that tine. Then, as 10 allow
aueea In addiipn costs submit that they should be
Iducgd moro ary the limit in which the code bi
Iaced tem vat 70 actions for money demand or for
specific lands o. chattes would not have them ex,
having that OIL is among the res Those are a the
snggest6ps whA wish now TO make In respect 10 line
tiIulnIstra.ion ~ lCstiee IN civil cases.
cow OF cRIhisAL PRACTICE.
Ia respect 0arai practice would earnestly urge
upon the Leatu the adoption Of the Code OF Criminal