New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-02-05
ALBANY.
THE JUDICIARY INVESTIGATION.
THE FEELING IN THE LEGISLATURE.


ALBANY, Feb. 3.-NOw that the preliminary
steps have taken by the Bar Association toward the
i'm peac Of Judges Barnard and Cardozo and the
matter has been fairly placed before the Legislature,
there is every 90 hope that the evils under which
YOUR city has been long suffering will be eradi-
Gated The need of prompt and decisive action
the subject is not clearly appreciated by Of the
members, whose information is derived mainly from
hearsay could be wished. The facts be made
evidence technical sense furnish the positive
proof of misconduct Office the part of the Judges
attacked Many Of the members have general anxiety
in regard 10 their regulations Reform legislators
and a consciousness that than ordinary care
and attention TO public business is expected of them
which augurs well for this, well as other
measures of reform. The impression general
among them that before these judges be either I'M
peaccd removed the specific charges must be clearly
proven, whereas IT is only necessary 10 show that gen
era line OF action their part which substantates the
charge OF misconduct in Office. Some Who have looked
into it understand this and say that If the Bar shall be
able to show such misconduct and that the result
thereof has been to destroy impair the public conf
dencc in these men, and thus to Dure their usefulness
the Bench the Legislature will consider it sufficient
ground for immediate action without requiring absolute
proof Of bribery other specific charges. Under the
Constitution the Legislature the proper judge OF the
cause, and If the Bar only convince the members
that there is sufficient cause there will he no diff
Guilty IN procuring the impeachment OF these men.
A member of the House said TO me to-day d" l have
passed good deal of time in the City Of NewNork, and
have cOnversed with lawyers and citizens generally and
know how intense the feeling OF the people Is tins
subject. But legislative bodies deliberate IN charac
ter and move slowly and people must he content TO
wait until have examined the facts for for one
unwilling to act IN this matter hastily upon INSULT
Gent evidence because although whatever we do he
done in q good cause, IL might hereafter be used as
precedent for evil" Another said: 81 am wen aware
Of IN Tho
poope Of your city but also 10 the State and the country
at large for every understand how impossible
it is 20 have thorough reform while the judicial power
the hands OF corrupt men, The law Itself Is OF less
consequence than how il is administered We may pile
statute upon statute without efccng any good, unless
the judiciary ne pure Tor experience has shown us that
the most stringent laws may be violated by public oil
GERS with mpunity, when the latter can look with conf
dence for protection from the consequences OF their
crime 10 a.tutc and interruptions on the bench who
know how TO shield them under the forms OF law while
ouragng spirit of justice. Bnt, we have refused
10 act in the case Of Fields and others without undoubed
evidence so we must be equally careful in this" You
viii see from these two conversations what the general
temper OF the Legislature is for both members Lead
ing men, and will be able TO carry many others with
them,
The Judiciary Committee. 10 whom the Investigation
Of these charges was referred holds very frequent ses
sions of late ana before It several veeiy Matters
though of them Of such serious or public Import as
this One Of the members Of that Committee says that
they are anxious dispose Of the questions now before
them so that they may give their whole attention 10 this
judicial investigation. Fortunately, however no neces
sy exists for any such precipitation, for the bill
which has just became law giving power to the stand
ing committees TO appoint subcommittee oi their own
number, meets the present case "a completely rs II II hao
been passed with that very object. The Judiciary Com
mttee may Immediately appoint subcommittee OF not
less than three with power 10 make the proper lnVoSt
cations in NcwYor city aud when all the evidence oh
tanabc necessary mas been collected they may com
municatc the result OF their abors TO their committee
and the same may then be reported 10 the Legislature
with the effect if taken by the whole number.
BE- this the present business before that
Committee iced not bc Telfered with, several invcs
tigations may he carried at one and the time.
II urged that this he pursued, inasch II
would not only expedite matters, but also give Mr.. I'll
den who is stil too unwel 10 to Albany OppOr
tty render the Committee that valuable assistance
for which, nvest cations OF this nature, he is so IA