The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-07


A great cutlery is made against the bill
passed at tho close Of the session Of the last
Legislature providing for amendments to the
Code OF Procedure, which means the compila-
ton of the statutory laws Of the State. The
bill was, it is true, too hastily passed-almost,
indeed, in the throes of the dissolution of the
Legislature. 1t has not yet been signed by
the Governor and the great cutlery referred
to was created and isupheld for the purpose of
lettering the Governor from making it q. law
by his sign manual and seal of the State. We
have hitherto refrained from commenting on
the various amendments proposed and their
probable and, perhaps, intended effect on the
great principles involved and the important
changes in the jurisdiction of our courts they
would bring about. The New York Bar Asso-
citation have taken up the question in antag-
onism to the bill in the style Of special plead
And yet it would be too great a stretch for
human credulity to believe that any one man
Of said association, if member of the Supreme
Court bench, would not submit himself to be
invested with the powers contemplated by the
bill.
We have no desire to cavil with the con-
illusions or acts of the New York Bar Associ-
alton. The expounding of the law, according
to such light as is in them, is theirs; and If in
the proposed amendments to the Code they,
as individuals or as body, find grave objec-
tons to them, not having the hope of judicial
preferment in their eyes to blind them, it is
their lookout TO press them on the consideration
of the Executive. But we have objection to
the sweeping condemnations Illuminated against
the measure by partisan press, which sees
good in nothing and bad in everything that
does not pander to its demands The ''con-
tempt" provision, which gives to the Judges Of
the Supreme Court the same common law
power conferred upon the Federal, Circuit and
District Court Judges is the especial object Of
all the denunciations that have been directed
against the bill as a whole. That such power,
If conferred upon the Judges, might be arbi-
trarily exercised cannot be denied; but in this
view of the case the comforting of power upon
executive, might be opposed. 1t is the evil
doer that breads the law and so in this case
with the partisan press, which, fearing the
power Of the Supreme Court to repress it's
licentious attacks, naturally opposes the mea.
sure that would confer the power to do so.
Without referring to other provisions of the
bill-for which, in fact, no opportunity has
been fairly given-we would say that to the
independent press this contempt" provision
can have no terrors. Its high privilege Of
commenting upon, criticising and censuring
where needed the acts of public men, on the
bench or off it, can never be invaded. Any
attempt thereat would be fatal to the agrees
sors, and on that recognized fact we can afford
to give such rights and privileges to all those
in power which the requirements, the protec-
ton and the dignity Of their Offices may de.
mand.
This bill, however, should not receive the
Governors sanction till the press, the legal
profession and the people at large have an
opportunity of judging of all its merits. The
fact of the proposed amendments not having
been printed and disseminated in itself looks
suspicious, and to some extent warrants and
justifies the attacks that have been made
upon the measure.