New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-04-13


followed an hour Later by another er pdrc order ue
on saturday on the 81 the same hs
of the Company with imprisonment on Mouaay IL sneS
tanned as between the Company and the defendant no
suit proceeding pending in when tne judge hau
jurisdiction to make the order and the making ami send
ing il was an express misdemeanor under the stat
prohibiting the sending OF Threatening letter OF me
of tS order esd s. c %s he
in mitigation of his ofense, that the Judge had
oSSed ' to seSfy iO that it was improper II
grossly arbitrary and Illegal acts done by Judge coIore
from partiaty friends, social poitiealthe i'm
peachng power is struck from the Constitution. We
not only concede but we claim that partially for his
personal and political friends was the ground and motive
Of the judicial action of judge Barnard IN all the cases
where Fisk, Gould, Lane Coleman and certain other
favorites, the recipients OF benefits under the
series Of extraordinary orders produced in evidence
favSrfFs Qt the parties were friends whose merits
were vicariOusy attri1utee % las parties Laf
cause and the never seemed to need any other
HOW INJUNCTIONs WERE OBTAINED.
In the case OF steinhardt agt. Funk, the plaintiffs
counsel applied to Judge Barnard, sitting at Chambers
in the month Of February, 1872 after the investigation
official conduct had been ordered by the Assem-
bly, for injunction order restraining the foreclosure OF
a chattel mortgage. Judge Barnard immedatsy inter
INJUNCTION" The counsel stated that it was peculiar
case containing circumstances or great 0agsraVa,,
ton: that the mortgage had never been filed, and
that the defendant had a Deputy sherH VINO was
hide Barnard said q You needn't talk any morei
Will not grant IL. II man wants 20 foreetOse cha
body TO kick him out" The counsel endeav0red 10 say
something further. but was cut short with the reMark
morning would not Il sc you the Injunction II appeared
put In the hands another counsel who CHANGED to 6e
personal and political friend OF Judge Barnard and ne
got the injunction within few hours, with no difficulty
wbafeyer without "stayng there all the morning"
on precisely the papers on winch the application
was first made and refused. The original papers were
prodr i'm
Judge Barnard's signature thereto.
In the case OF Bright agt The Mwaukee ana st. pa1
application made by personal aud political friend on
Complaint alone verified III the ordinary manner nothing
whatever beng being except Information
and belief and bond OF an irresponsible plaintiff In
and manager of the whole line of railroad, none Of II
being in the state of NewYork, and all the property OF
the defendant, amounting to overs 2NO0O0 The simple
publication in newspapers Of the fact that the order
had been granted, produced an immediate direct loss 10
ninr of suit in the United States Circuit Court before
Judge samuel Nelson. put an end to the backmang ad-
In the case Bolles receiver against Duff the PLAIN
tiff was receiver OF theate proPery Inc reGgasoI
but practically himself, for small rent when much
larger rent was offered By responsible parry with am
pie security. or course, IL was the OJ Vi te
TO let the property for the largest rent any rsponsoe
Judge 10 enforce this dut{ upon the IeeelVItf'
and not consRire with MN 10 Mol VOL tiord ~
and the just claims Of the parties whose estate
under the protection of the court ana beng Admin
ict with the interests OF personal friend. The judge,
therefore. rejected the offer of the larger rent aud
or $4,000 of the estate, in which infant children We're
the principal parties Interested The shepherd OF the
foId gave the lambs TO the wolf The General Term,
then differently constituted from now as far as II could
annulled what Judge Barnard had done. DuI cou1
such an order what Magma Charter means by Its enOr
able Injunction that justice shall not be denied or
'O'U LOSSES FROM JUDICIAL MISCONDUCT
BY the testimony the following facts appeared The
Union Pacific Railroad Company suffered direct imme-
date loss of s5OOOOOO and driven TO fix their
general offices in the City of Boston and state OF Mass-
chusetts though the interests OF the Company make
desirable that their offices should be III New York, could
they here without danger from the courts In Massa
chusets they have had NO injunction ana no DenehcehI
The Michigan Southern and Lake shore Railroad hxed
their several offices in Cleveland. ONO. though they
would have been fixed in New-iork had 1t not been Tor
UT T Ss Mwauee and ST. Paul Railroad Company suf
fered a direct and immediate loss OF S2,OOO0O0
The Pittsburgh and Fort Wayne Railroad Company in
the lease OF their road for 900 years reserved annual pay
mens OF 100000 TO be made IN New-fOrk City, Dut III
serted in the lease clause providing hat at the OPTION
any other State through which the road runs Thls
clause a. te5Tne1 Nae 9' oI c % u ''e '''
The Western Union telegraph Company procured the
passage Of act Of the Legislature allowing them 10
remove their general offices to the state Of NewJersey,
and for the same reason.
Nj. Won Hoffman, from whose possession Judge bar
nard took shares Of Le stock, sent other large
amounts Of the stock immediately out ot the country
One TCay nSI - p ~ ron tbe action OF
fine Nrw-YOrk courts caused loss on American railway
norkts and that the amount OF those securities 80
affected was enormous that he could not pretend 10
give approximate statement OF 1t without careful
And the most eminent bankers and business in
New-YOrk all agreed in tho statement, that there
general distrust arising in all classes the community
to administration OF justice In this city And every
of these witnesses gave a. the names OF the judges
whom they had uniformly heard mentioned in cOnnec
Albert CardOZO.
As has been mentioned Judge Prescott OF Massachu
impeached and removed having been defended
by Mr.. Webster for matter OF $40.
We have proved that, under the orders ana wrlts
granted BY Judge Barnard there has been an deliberately
organized system OF pupder ana corporations and ind
viduals have been robbed OF millions In point OF law
and morals. we fail TO discern any difference IN the de
gree Of guilt between the man who holds you by the
pocket Nor do We deem the mere point OF division OF
the booty very material either TO the victim or the
II the testimony does not condemn the Judge it
mends him. and trust that the action OF the Com
mttee viii not leave il in doubt whether he is in their
judgment, proper object Of public praise or public con-
We shall be constrained regard omission by the
Committee o. that eoneeiyablel TO report the mass OF
a small part OF which have adyerted) 10 the As
semblv, with "A recommendation to proceed against
the Judges by resolution or impeachment the
sanction by the Committee of acts which we have
been constrained by profoundes convictions OF duty
condemn That great private and public loss has been
by the abnormal judicial administration Of Judge
Barnard that our citizens have lost that sense OF
curty the law which is Of the highest ends Of
Government shat the once great judicial fame OF the
state NewYOrk has been furnished and compromised
by him throughout this country and in foreign lands
facts that stand on the record Of the Committee on un-
contradicted testimony
II the Judicial misconduct charged and proved il not
impeachable, judge i'll England America has been
Justly inpeached and condemned within the last $50
years The reported IN both countries for the last
two centuries and half have been carefully scTuti
niZed and not deem il eXaggcraiOn to that
aside treasons), the OF all those as
proved does equal In enOrmty the offenses proved
either OF the two Judges whose have been
under investigation. JOSHUA NJ VAN COTT
JOHN f. PARSONS,