The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1871-05-16
THE NEWEST TAMMANY IN
FANNY.
The Corrupt JudiciarY of New YOTl
CIty clothed with Imperial Powers.

The Corrupt judiciary of New York
| CITY Clothed with Imperial Powers.
From the Chicago Tribune.
The latest enoFmity cOmrIitted by the
Tamnany Democracy, up u our hour o!
going TO press, Is the passage, By the re-
Gently adjourned Legislature Of New
York, of series OF amendments to the
code designed 10 put the railroad and
other corporations, real estate owners,
and public journals of New York city
completely at the feet OF the well.knOwn
Tammany Judges, whose corruption and
protligaCy are the stencil Ot the country
and scOrn Of the whole world. Inter
spersed with a mass OF indifferent amend'
InGnts, put in rs padding only, It IS pro-
yided that, In the city OF New York, the
Supreme Court (which means Judge Bar.
nardl shall have exclusive jurisdiction OF
NIL sections for the foreclosure Of mort
rnges and the partition OF real estate Ito
| ILe exclusion OF the Superior Court and
Common Pleas, whose Judges have usu-
ally been gentlemen; that the Supreme
Court Judge Baruardl may remove from
any other court ofthe city any cause which
he may desire to hear, and order 1t to
hearing before himself, and that all
actions brought against corporation
(Erie), or any of its officers Gould and
Fisk, by stOCkholder rs such THE Eng
fish stockholders, must be tried in the
county where the principal office III such
CORPORATION is situated New York; II
brought in any other New York court,
Judge Barnard can, under the previous
clause, order it before himself Besides
Erie, every other corporation in the city,
including many whose interests and prop
crty ARE elsewhere, are thus placed at the
mercy OF Judge Barnard. The signiti.
canoe Vt the clause relative to real estate
and mortgage cases lies in the fact that
they will turn into the hands OF Judge
Barnards law partners all the references
growing out OF the entire real estate liti'
cations in New York city, amounting to
hundreds OF thousands OF dollars per year.
But the ehef dGuUre OF legislative and ju-
diCial impudenCe remains to he told. After
placing all the property Oi New York at his
feet, Judge Barnard could not sway the
sceptrO with satisfaction, nor perhaps
with the consciousness of safety, so long
as there remained in the city single out.
spoken and unmu2zled public journal, like
the New York Tunes and Nation. Mac.
beth, after destroying Duncan and Ban
uuO, still trembled and covered when he
learned that the tender Fleance had es-
capped. So rammany Is resolved that not
only the capitalists Of New York shall
pay tribute to this Cesar, but that not
oven one public journal shall proclaim the
robbery. They, therefore, enact that
: every Judge OF IL court Of record shall
have the same power which u Judge OF
Justice possessed al common law to pun
ish any person or persons for "a contempt OI
court.
"And the proceedings Tor contempt
shall he had and conducted in such man
ner rs the court, or Judge, or Justice shal
direct, and the punishment, ichich may IN
c!ude f,ie or imprisonment, or both, shall b,
in The distretiOn Of tho Court, or JUdge, OI
; Justice, ktog ,ohom the proceedings Ia hdd ;
This net carries the State and city o.
New York back hundred years, 10 the
period when no such doctrine as that O
the freedom of the press was recognized
by Legislature or court, and when courts
: exercised the prerOgative Of lorbidding
and furnishing any report whatever o.
their proceedings, unless sanctioned by
themselves, and equally any comment
thereon or commune alton relatngtheretO
This Is the common law" which Tam.
many reyivCs, and whose terms Judge
Barnard Is to Construe and administer, by
sending any editor to jail who finds fault
with his action; by keeping him there MS
long as lie chooses, though II
may be for life; Ivy filming him
in any sum he chooses, though
It may bG the whole value OF his newspa.
per; In all which his own views us to
what Is the common law are subject to no
review Orappeal, the body Of the prisoner
is protected by no writ Of haJedS corpus;
and, indeed, according to the nature OF
the proceeding for contempt, there Is no
check whatever on the extent OF the no
thOrity Of the Judge, nor any limited to
the outrage and sulTcrlngs he may inlet
on the prisoner, except that he cannot
directly torture or kill him.
Louis Napoleon himself by the aid Of
all his press laws, gems ddrHeS, and police
had u less complete and dcspOtic control
over the press Of Paris than this law, exc
cuted according To the spirit IN which II
Is framed, would give to Barnard ovol
the press of New York city and State
and over all editors from other States
whom lie could catch within the New
York State lines,