New-York tribune., 1871-12-26
THE RING SURVIVORS.


FORTHCOMING REPORTS OF THE BAR ASSO-
CITATION AGAINST THEM.
THE SHERIFF 8, COUNTY CLERKS, AND REGISTERS
ABUSES TO BE CORRECTED-TIE PRINCIPALS
OP THE JUDICIARY RING TO BE IMPEACHED-
BARNARD's ACTION IN TwEEDs CASE ILLE-
GAL.
The Committee on ExtOrtiOns, appointed by
tho Bar Association has held several meetings lately at
which the material already collected has been under
discussion and plan suggested, whereby the extortions
pracced by the various city and comfy officials may be
rendered impossible in future Particular attention has
been paid to the offices Of Sheriff, County Clerk, and
Reglster-the first OF which would not. 1t is claimed II
legally conducted, return larger Income than 10000
year, and the second ooO-while tho last would not
pay its own expenses while at present conducted all
these Offices are perfect mines OF wealth TO their fortu'
nate possessors and furnish large part Of the means
whereby Tammany ranks have been kept faithful to
their leaders The committee intend TO propose means
which VIII render these and all other offices OF less
pecuniary Importance hereafter The extortons OF the
Registers office will he put end to- but the legitimate
fees will be increased so the actual expenses
and provide a respectable income for the incumDe NJ
The Judiciary Committee of the Bar Association II also
said have met lately TO discuss tho evidence OF Jnd
ca abuses which have to light, and the probability
OF the rrfcation Of the bench through the punishment
OF those who prOsuted their for the bcne-
OF OF themselves md friends IL ia undcrstood that the
evidence collected Is damng in its nature TO certain
Judges though 1t would be inanifestly wrong TO make 10
public Just Both Of thu SO Committees are expected
to make final report the Bar Association at ts next
rbap fha lufr gi
thereon and present thu evidence through the proper
channel to the Legislature.
Tho opinion seems general among lawyers mat "h'h
the time action arrives. important measures VIII
be taken and that here will be lack of evidence to
sustain all the charges made As tar as Judge Barnard
Is concerned there he difficulty In obtaining evil
dcnce Of mafeasance andimproper conduct In office It
used TO bc said of him that "it wanted to impeach
HIN you could get sufficient evidence by taking down
he said and did In open court on any one day. hhd
the would To be ~ true to-day as ever his
last Important public act the bailing OF Tweed Is Sc
verely criticised by lawyers generally. One prominent
attorney characterZed 1t "a declaration OF the SUI
prene Court through the medium OF George c. Barnard.
that thief who robs to the extent ~ millions OF dollars
escape punishment by forfcting few thousands of
his pluuder, II deposited under the name OF hail. II
was further said that Judge Barnards action i'll this
case was open nnd defiant violation Of the law
An e1auntQn " tie law and the practice N THIS ana
similar cases. dscosss the Committee the following
facts The Grand Jury indicted Tweed for felony; he
WAS arrested taken before the General Sessions, and
committed without hail. He was thence removed to the
OF the Dstri"Attoruey, aud while there writ Of
hu ueas corpus issued by Judge Barnard, requiring
him to hc brought before him. After hearing counsel,
he was discharged 5000 hail. although COMPETENT
Court had already decided that his ofense was, under
the non baabe The bail required only
about ninth OF tn. amount Of the swinde charged IN
this indictment, which but Of many others said
be hanging over the prisoners head As the amount
Of bail Thin the Judges discretion, the ride ul0usy
small anlonnt demanded in this may NOT bc NAL
feasanee In Office but has furnished grounds for the
heller that the Court was cunnivDg AT the prisoner
escape. Re that III it a.ay, there seems 10 bt
no doubt in the minds Of lawyers that the
law has been directly aud laernnily violated
by Judge Barnard in this matter, because
FIRST IIc had no power issue the writ OF habcns
corpns rcurpable bafosr himself The hahcas corpus
act requires that all such wIits 70 inquire into the legality
S mus s1%s be- "rHaBe ~ Es Court p Oyer
II ss , be dsc a 's xh" w"i had ONE
,iousy decided IN .imaE case that he had no iuris-
r FOR % he srnAs writ Vas ss not made enS to s
Seeond: The Court Of General Sessions had exclusive
ns SE Of pu lis arrest and It Was This point aud the
n-al Of this Court to accept ball are sustained by many
a TEs court be overuea in
that or any other court bctwee The parties
cept appeal Therefore. the decision OF Judge Bed
ford refusing bail was final and could only he reviewed
by appeal to the General Term Of the supreme Court.
This point ia fully covered andlsustaincd by judges
Clcrke, Mitchell and Davis. IN General Term OF the
Supreme Court IN The Of Cuuuuy ham COth'
BurdclD.
Viewed therefore. IN the light of these wcestah-hed
principles OF law Judge Barnars action admits in the
Judgment Of the Committee OF hut OF two cODstruc.
tons either he grossly ignorant Of the decisions
OF his own and Of all TO be utterly incompetent
for his high position he misrlscd that position and
deliberately violated the laws Of the land 10 prevent the
punishment Of the ands greatest criminal.
II Ia understood that this forms link in the
chain Of evidence Of improper conduct IN office OF which
Judge Barnard Is daily and openly guilty.