The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-03

such as 70 appall the public a. mind
extensively conversant with the bar or the bust
ness men OF New York city and other parts or the
United states than myseli IN the last fifteen or
the remotest bound Of the Union. No man
felt safe ., IN personal or propery r.gnIs
should have said violations Of law; often VIOLA
tions OF statute, always Violations or the customary
rules OF law, that are as binding on the conscience
and actions Of Judge as though they were EN-.
bodied in the statute. know that In the period
when these things were the most riie--in 1857
that there was general sentiment running through
the minds of the business men OF New York,
ana OF other parts OF the country who came there
that we were on the eve Of a withdrawal OF that
species OF business from the metropolis OF this
country, because the administration OF justice
Excellency the Governor the consequences
OF the administration OF Justice II existed at
that time. We win all remember that in his Ex-
ccllency's Message. In the January following, he
remarked that the abuses in
THE GRANTING or fNJUNCrIONS AND RECFIvERsIIIPS
eZ porte had become such that II would be
Les less evil to dispense with the process entirely:
period of our country where there Ia great and
general decentralization. There IL no doubt that
our present judicial system has serious defects in
its structure, but we could get along with 1t for the
time II we could rely upon the personnel that
constitutes our judiciary. have deliberately
could give to this subject for several years past,
that no legislation, no change in our constitution.
that no measure that can be adopted by the wit OF
man, will avail unless you purify your Judiciary.
This case under consideration bristles with
the violations OF law-often of statute,
very often of those rules Of law that are just as
binding on che conscences ana actions OF Judge.
There is lmpeachable matter In this testimony
than is contained in the whole eight cases in which
judicial officers have been impcached in the United
States that have got into books. There are more
violations OF law, more
ABUSES or TRUST
in this testimony than in all those eight cases In
which there We're four convictions and four acqult
tails. In addition to the abuses or discretionary au
tho'1ty, new idea, novel In our Jurisprudence 81
this State, has come largely In the asccndancy in
the minds OF certain Judges, and that Ia to deal
with this great dlscI onary power as y0u would
with the lowest ana most vulgar forms Of political
patronage. A judge that admits the idea of patron
age Into his mad IA an element OF his action Ia
corrupt. The constitution OF 1919 was SO jealous
and 81 abhorrcnt of anything Ia tho nature OF the
use patronage mat II soemny forhids the Judges
the Supreme Court tn be vested with any power OF
appointment. There Is
AN INDICTMENT TO APPOINT RECEIVERS AND REF
FREES
for the sake of patronage. Then follow allowances
TO counsel ana the property or the ltigant IL
corrupt judge and MS corrupt friends ana de-
tenders. Q.
There is no instance In the history OF a civilized
community In which evils of this nature
growing to be SO unendurable as they were
In the city of New York: The powerful and the
wealthy can take care Of themselves; but in the
general lOosening OF the bonds OF society general
oisrespact OF law in judicial places, where is the
poor man to go for succorY Who will protect and
defend him in the days Of his adversely In the
case Of Judge Barnard there Is no instance
In judicial history OF man SO reckless on the bench
Of tho rules OF law, both statutory and Gus tomafy
Even when he had no particular motive to do wrong
he seemed to consider that en-, ne had right TO do
have lived, or at least thought lived, under
government where | and other men
could ascertain what the rules Of law were, and
when 50 ascertained, insist on their enforcement
by the Judges condition OF things has existed in
New York city in which the Judge from the bench
makes rule OF law that governs In that particular
case 1t has been condition OF tyranny which no
free government, no civilized community, ought to
endure Another evil growing out OF this state Of
DECENTRALIZATION or THE BAR
IT Is not very long ago when our courts were
the United States and foreign countries wherever
our language IS spoken. 1t was but few days
ego that distngaished Judge Of this
Pennsylvania, where there was festival, and
they toasted the Judiciary of the State OF New York.
and he felt Inundated ut being called npon to re-
spOnd. In foreign countries where our language Is
spoken, wherever there is business enough to in
duce translation of our language, in Europe-in
France in Germany-their literature is iinbucd
with disparagement OF the Judiciary OF the state
translated within the year past from foreign
tongues. The arguments In many cases addressed
to downtrodden masses OF Europe against free gov
\ eminent were the abuses and cOrruptions OF the
| New York judiciary Sir II on examination coult
find that these men were innocent Of having
fauess In their Offices or II by an investigation
they could be acquitted, SO as to be rendered III Il
|
community which is responsible therefor-I woult
myself join in standing against the fiery tide which
Overwhelms them.
| his life that every word should he used wisely. He
thought there was very little needed to he said on
the present occasion. Months ago there had come
I'M a great cry to this House to purify
tie tic bench OF New York. A committee had
been formed who had labored long and patiently
| with the Investigation committed to them. That
| committee had remained as far as possible calm,
just and unexcited in the discharge OF their i'm
| portant duties. They cane to this House with n
report concurred Ia by republicans and democrats
alike, so that
/ their duty, the committee submitted the result of
their labors to the House. confident that the action
taken would be for the best interest OF New York.
MI D. Il. HILL said he did not propose to make any
extended remarks unless he was confronted with
| some opposition to the majority report. He signed
the report because he was convinced Judge Barnard
did not appreciate the dignity OF his position.
There was no proof that the Judge had been inn.
enced by any corruption OF pecnnary nature, but
there was corruption that was not pecuniaIy, and
hence he had signed the majority report.
Mr.. FLAMMER said-Ths Is To me painful hOnr
painful that contemplate part or the judiciary OF
our State fallen into disgrace and infamy; painful
state should have the cloak of doubt and dlshonor
cast about them; painful that the families Of
the accused should be plunged into bereavement
and humiliation. Duty, however, faces me. II Is
straight in my path; cannot step either to right or
left without violating my obligations and the oath
that ! took at the opening Of the session.
sure than l. would the testimony have
warranted It, reported that the charges against
the judiciary are groundIcss; that they should have
and cautinue to have the fullest and the most
entire confidence in the world. But the result Is
otherwise. The committee are of but one
opinion i'm reference to this matter. |
doubt not but that their report will almost
unanimously be sustained. ! win not rchearse
the proceedings before the committee. will not
recitc their labors touch on the evidence, that
has already been sufficiently elaborate. Mr..
Flammer then proceeded at length to speak
Of the form OF the resolutions recon-
mended. He especially explained the mcai-
ing OF the word corrupt" and gave its general
meaning in Its connection with Official conduct
lie hoped the resolution which would be adopted
would he fun, that the people might not be
limited in their evidence, and concluded by saying
that should the result warrant It the acquttal Of
the judges would be complete and triumphant.
Mr.. Vedder said I'VE are engaged IN the grand
est Of all human labors aud we should rise TO the
dignity and sublimity OF the occasion. We bring
George G. Barnard n Justice of the Supreme Court