New-York tribune., 1872-05-21
AFFAIRS IN ALBANY.
IMPEACHMENT OF JUDGE BARYARI

IMPEACHMENT OF JUDGE BARNARD.
PECULIAR QUESTIONS NyOLYED-DoEs RE-
ELECTION EXTINGUIsH THE RIGHT OF M
PEACIsIENTI
iPRoA THE REGULAR CORRESPONDENT OF THE TRIBUNR.l
ALBANY, May 20.-The trial of Judge Bar
nard the nitiatory steps in which to be taken hero
on Wednesday involves question Of peculiar interest
to the public, aside from his removal and disqualified
ton TO hold Office hereafter namely the question whether
acts committed by judge during his former term
OF office can be taken in consideration as causes
for removal during his present term. 1t Is claimed,
on the one hand, that the right OF mpeach-
ment applies only to acts done in the present
term, the duties and responsibilities Of the Office ex-
prng with the term ITSELF 1t is said, further that re-
election extngushes by direct action Of the people the
right Of impeachment which resides in them through
their representatives and the liability which may have
been incurred hereore and that the taking of the new
oath of Office inaugurates new duties and responsibilities
having no reference to those Of the expired term.
is therefore claimed that the reflection and the new
oath the ter and that the Judge cannot be
deprived of the rights thereby acquired in consequence
of wrongful acts done in former term, so long as he
conducts himself faithfully in the present one.
supposng that such instance Of Judicial reforma-
on possible, it is claimed the other hand, that
if it can clearly shown that the electors were
not deceived and replaced Judge in spite Of and with
full knowledge of wrongful acts done by him In his
former term, the right of action accruing from such
wrongful acts does not lapse, but applies to every mo-
ment OF his judicial life because the judicial officer,
than any other requires the entire confidence Of
the pubc, and whenever any fact shall become known
tending TO impair that confidence, his usefulness Is IN
jured TO that extent.
former term ought TO be taken into consideration in
constituting the meaning and intent Of alleged wrongful
acts IN the present ter not as actual cause Ior ln
peachment.
But this rule can he applied to any case, IT win be
be specially applicable to that of Judge Barnard
when II is remembered that much of the NAL and cor
rupt conduct in Office with which he Is charged was but
a continuation OF what may be called his policy III the
treatment of certain suits in which Fisk Gould, and
aGsd by b In these Suits 5gcS ~ Jam fg @ were but
the consequence of the illegal orders granted py hl IN
concerned before that date.
IL is true that in his case conviction does not at all
depend upon the proof OF NAL and corrupt conduct dur
ing his former term, the present one having furnished
sufficient to convict him hundred times but it is felt
his am and is 5 eSTa M ~ %2y be
ended he thought it advisable 10 threaten other and
honest members OF his Court, as well as upright
members OF the bar, with future vengeance
Herewith the titles Of bills UP to date, on record
at tic Secretary of States office in Albany:
Canal bridge over canal the Erie Canal at SadisOnst Rome
swing bridge on BGaalost, Rochester.
Relating to Cornell University
neooraSs fno % ra n Ie Mec n and Trr Exchange Buffalo
scboolhoase lot in DannemOra,
Preservation Of shsl fh in North Hampstead Queens County
Relating TO the N. y. and Indemnity Company.
Fxterding ime collecting RicbAelJ Springs.
Completing WeschesNraye.
FeHan5 Rrs fiI' ho Maas s Fire nsuraae Company
Eeag to to the the planting Of Of cys.eI' ,s5 ia IN Ip Ip.e L
Grading Railroltaye., White Plains.
R1s 70 10 be caTe and education Of def mntes
s & Ship Jo9e Of 5e9syqn s. M & A.,S0n coS5
i5eor55oatiH tie Troy Young sIens Association
Estsadg ne foT collecting ts1ss in & n T. C and County
Relating deaencss in ihe ciiy and County Of ysgloFk
kaas Ralas to to fSaaf e Qaasg gY Ral cdtte C
Relating to the Commissioners OF Public Charites
Reat5s iit1 to Gains Of Nichols staub, and Others.
Relating to Whitestore in Flushing.
Providing L2niagbaIsh With water
ESaias RSl,as to Special Special session. Monroe County.
Relating to the Village Of Mdlbarg6 u c.,
Amending Increasing the number Of judges in Brooklyn
EssP t. @ the s 95p F Rt 5eet ESa secS gS OF e
Reiains to the citations on laratics
Incorporating the EegYOrA Homeopathic Surgical Hospital
Rsss RsistI TO 10 tensee Valley Water Works
Resrecng other than for Mua and Town Ofieers.
Establishing Ride Range amorg the National Quart
Incorporating the German American Mutual Warehouse and Security
EseiHs powers Of Sotlres Sog-Yorz City and Kings County
keaaH m 70 Ss%s 6S IN Winfield and Yewown Railroad Co.
Relating to the MOuisania Steamboat oamp1ny'
Relating to The North Park . Railroad Company
opcTHs yl sadIe Douglass Prssdent, Brooklyn.
Relating to assessments agai1s; Prospect Park
REGULATING taxation In TarryiOgn.
Improving Fourhs., Brooklyn.
fruhe extension of Prospect PARK.
Street from Auburn to Willow Brook
Commissioner named in Chapter 6J Laws Of loy
Relating to the Mnsceongo Ferry Company
INCORPORATING the Palette Of Neg-fok City.
Altering Commissioners map of Brooklyn
Relating public libraries.
Opening certain streets In brooklyn
ITplovement Of NewtOwn Creek.
Relating 10 bridges In Elslurgh
Relating 10 the National Trust Company Newfork CITY,
Highway from Prospect Park toward cOney Island
Taxes In NewtONn.
Relating 20 the City Of Elmra. - o..
Irrrovement OF Eighthave. in New-lork OlV'
Relief Of STANDARD Life Insurance Co
To estab Seventh Ward In Ehnira.
Cleaning streets in New-York City.
Supply bill. --