New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-01-04

be stated here The latter provides that Receivers may
he appointed ell where there is danger OF loss OF
property which is subject Of litigation pending the
same.
First. Before Judgment, on the application OF eitnef
party when he establishes apparent right to the prop
ery in litigation when the same Is In danger OF oss OK
material injury except La where Judgment Dy ue
fault may be had
Second After Judgment when necessary to carry the
same into effect.
Third: After Judgment 20 dispose OF the property or 10
preserve It during appeal or when execution has been
returned unsased and the Judgment debtor refuses "
apply his property IN satisfaction OF the Judgment
Fourth: Where lcorporatiOn has been dissolved or Is
insolvent or in danger OF insolvency.
Az bearing upon the amount Of fees special attention
Is requested TO the following provision:
Receivers OF the property within this State OF foreign
and other corporations shall be allowed such commits
sions as may be by the Court appointing them not
exceeding I'VE per cent upon the amount ds0ursed "
them.
careful consideration Of these statutory provisions
and Of the facts herein made public, will enable the
reader to ace that the chief abuses Of the system are
First: The extreme avidity with which the courts
seize upon an opportunity appoint receivers IN all
cases.
Second An utter disregard Of the rights Of the parties
In actions In such appointments.
Third. The comforting OF such appointments by GER
sponsibe persons without requiring them TO give ade
auae security for the proper performance OF their du
ties and the safety Of property given in their oharge'
Fourth. The allowance their favorite Receivers OF
enormous and Illegal fees, commissions, and expenses.
FIN: The unauthorized employment by the Receiver
Of counsel and the consequent imposition OF an illegal
and unnecessary expense upon the htigant% ~SSsSgo
may also that the relationship OF Judge and
"Gratz" which was formed under the kindly influence
Of the Referee SYSTEM only been drawn closer under
the greater prosperity Of Receverships the same mag
| netic influence which drew them together In tine
former, acting with increased force in the latter
system. That this influence has BEEN so far AZ
"Gratz" IL concerned attributable 20 the wonderful
! power which Is represented by so simple word az
Fees" there can be no doubt but, whether the judge
could have been influenced the same force or whether
yielding himself body and soul TO that greater force
| Of Tammany by which alone that simple WORD
| has gained its present signihcance, are ques
tons for public perhaps for legislative consideration
and the moral to be drawn from all this history Of ras
calty IT, relates 20 worldly property in its
worst sense the most desirable position which Tsmmany
could confer, next to that OF Judge" Ia that oil
"Gratz aud that e unholy relationship OF these two
as proven the FOREGOING recorded Iact mas mage our
courts q spectacle OF shame. taught the New 1orx Dai
the advantages OF rckery over learning ana soh ana
corrupted the fountain head Of justice ana OF n"-he
| people.
MEETING OF THE BAR ASSOCIATION TONIGHT.
/ cali for a special meeting of the Bar Asso-
citation tonight issued at the written request Of
20 members in order " supposed that the reports OF
the Judiciary Committee and the Committee on Extor
tons may be presented Ia expected that the meeting
will be very fully attended and that matters OF the
9rayest particularly Affecting the present
judicial system OF this city will be discussed with view
| 10 the lmpenc hment OF certain Ring judges
| MoNoPoLIZING THE BENCH
I The frequent remarks made of Late both IN
and ont of Court relation to the extreme funess OF
the calendars particularly in the Supreme Court, have
occasioned much speculation 70 the cause inasmnch
as IL s known that number Of disposed OF by
trial within the past year has not increased in
proportion to the rise Of the calendars Some lawyers
under the surface than others, attribute
this state affairs the fact that the country Judges
who hold Court here frequently have been grad
uay driven away'by the action Of the Ring and their
Judges the frat sep taken 20 this and being the Aboh
ton OF the SO day which allowed by the super
every country Judge who held Circuit here to
! ward defrayfng his expenses while In town Ir is
said that efectusf measures were adopted with
those who stl continued 70 come Inc means used are
the Bar lately One day, said he, when Judge Dan
ies OF the Eighth District holding trial term here
| and had been holding IL Tor about mouth, Judge
| Cardozo went the Bench and whispered 20 him.
Judge Daniels, with somewhat confused and indignant
air. gathered DIP his papers, ana, bidding the KING Judge
Good day. loft the COURTROOM. The latter immediately
took his place and fey minutes afterward called the
ease then prominent Democrat in the Ring against
the Corporation and rendered Judgment In mis- favor for
large sum- although It was known that he had been
cevng rents from other persons for the premises
and for the time for which ne claimed pay from
| the city In HE complaint"