New national era. [volume] (Washington, D.C.) 1870-1874, 1871-05-25

The courts Of New York have sunk by the
, villainy of some of their judges 90 far beneath
contempt that they have been obliged TO go TO
Albany and procure an act OF the Legislature
rendering them contemplate. Mr.. Winsns
and bis colleagues at their last session passed
a bill amending the code n procedure. and
giving to George @. Barnard and the other
judges OF similar character, t. whom the courts
of this city are indebted for their present repu.
tston. fearful amount OF authority. Con.
tempt Of court has been wisely limited by the
revised statutes 20 disturbance of the court
dlsohedience of its orders, and the publication
of false or grossly inaccurate reports Of its
proceedings but this bill restores the old and
dangerous rule OF the common law. The
editors and the ministers who have been in the
habit of speaking lightly OF the Judicial dig.
mites of the neighborhood may be interested
in reading the law which this bill proposes to
restore. According to Blackstone. contempt
Of court is committed, among other ways
BY speaking or writing CONTEMPORARY Of
the court or judges acting in the cfbcial ca
paclty by printing false accounts Tor true
ones without proper permissiOn) Of causes
then depending in judgment; and By anything.
in short that demonstrates q gross want Of
that regard and respect which. when once
courts Of justice are entirely deprived Of their
authority ts0 necessary for the good order Of
the people"
The judges are 10 determine for themselves
when this oaense of contempt has been com
mItsed, and at their own discretion with or
without trial, they may inhict the seyerest
punishment upon the offender, even to the con
fscston of all his property and imprisonment
for life. - If the party cannot he found. or
escape. n sequestration shall be awarded for
his lands and goods.
The use which would be made Of such au thor.
ity by the men who now disgrace our bench can
be iInmagined. The spirit of Jeffres has long
possessed some of our judges. Cl0the them
with his power, as this bill proposes to do. and
what liberties would be left to US The fact
that these judges have coveted this power il
not strange the fact that the late Legislature
was willing to put it into their hands is not at
all remarkable; but the fact that it was deemed
necessary TO send deputstion of the eminent
lawyers of this city 10 Albany to persuade the
Governor not to ign the bill is somewhat start
ling. Here is a man in training for the Pres
dency of the United States, the representative
of party which is continually crying out
against interference with personal liberty who
waits TO be besought not to approve an act
which in the language Of Mr.. Evarts, puts us
back to about the sixteenth century, and gives
authority to the judge land to such judges y to
act in his own case without appeals, without
rules, without responsibility" Governor Hof
man has not yet signed the bill ; and if be ex
poets TO be President he will not. But he has
already held it in his hands long enough to
show that he is not a safe man TO trust with
high authority. In such q case deliberasion is
damning. A just aud wise executive would
have flung it back 10 the Legislature with in.
slant and stern rebuke.-N. Y Independent