New-York tribune., 1872-04-10
THE CORRUPT JUDGES.
REPORT OF THE BAR ASSOCIATION.


sevcnthst. yicePresdcnt Van Wrinkle presiding.
letter from Judge Shea OF the Marine Court asking an
Investigation charges preferred by JudGc Curtis
AGAINST his associates, received and referred toa
special committee to inquire and report ENJndse van
Colt then presented the following report on the judi
ciary Investigation
To me Bar Association or he Ci,yor Nee Tor: The m
dersigned, having entered upon the rcspousNe tfs,
with which they were charged by you, have altrnied
OF Assembly TO make inquiry into abuses aleged w
exist in the administration of justice in the CITY oi No"
II will be remembered that the anding Committee o.
this Association the Judiciary was constitutes lor ne
ciary. Although the opinion was widely pr,yl, pc
lent at the bar that great wrong, were we're
felt 70 be- dns to the honor OF the bar and tie bench
alike that currency should not he given to such opinions
the grave responsibility Of sending its memorial to the
Legislature its Committee the judiciary nade an IN.
the state OF judicial administration ths city such
70 destroy the confidence wAch FREQ peopis ought 20
feel In the administration Of justice nnt TO brlnS tne
c0urts into reproach aud contempt at hce ana a. road
We constrained to say that In me mo 0
elected Of state OF things in the courts nor 10 De
endured and demanding the exercise BY tue Leg,sito
OF It's constitutional authority to mpoach ana romo'o
the guilty from Office .,.
nothing but briba paid TO JUDGE Tor deciding cause
amounts 10 judicial corruption THIS Is , narrow ana &
ion TO be Influenced by any cons icfiton except the
rights Of the suitors under the law Every private ct;
bound TO conform his action to it. II private person
violates the law, he is liable to action TIC party
liable In like manner. But to this general e there is
peculiar exception no., in the case Of Judi ol9ars
process where should not have been Issued ne IL
sona liberty has been invaded or his estate ruined For
OF public policy, the judge is exempted rom
the proportion In which Judge Is less liable than Other
public officers to private suts, for wrongs donc nndeF
the color Of his office, he should he more ahe to I'M
pcqchment for such wrongs; for impeachment is the
only remedy by which the pure admin -tlatip oi MS
oce can he enforced and maintained, ana by which the
person and property OF the citizen can oe made secure
under the law.
WHAT CONSTITUTES JUDICIAL CORRUPTION.
We do not mean that judge should DC the subject Of
punsmcnt OF censurc, for honest mistake Of
the law in doubtful But II judge InscOns. .rues
n plain statue, or porvers familiar rules of law or de-
parts from the established course OF his court In numer
instances in the interests OF nOtoriOusy favored
parties their referees their receivers. and their counsel
producing great injustice and rEinous loss; If he does
his action; ii he does 1t with unseernly haste, on
cr pdrte hearings, on siiglt proof, or utter want
favored parties what he does not do in his gcuer
al course Of administration; II he Is IN unseemIy social
suffers and in the receipt of presents from them while
their gations involving millions are pending and un-
be drawn but yiaby be drawn, that justice 70
not imparally administered IN these cases; and par
taity-partiaty characterized by such circumstances
is judicial corruption The vouminOus testimony ad
duced ny your Committee exhibits numerous instances
the inference Of the kind OF judicial corruption here de-
We entered upon the investigation under the impress
that it preliminary to and FOR the purpose or
ohanine evidence upOn which to frame charges AGAINST
The h,dges. the Judiciary Committee however before
proceeding TO take evidence, called upon as to put in
formal shape the charges upon which we proposed TO
offer testimony and we compelled, therefore, to
limit ourselves to such cases as had been brought TO our
attention without the benefit preliminary OF the process
OF the Committee by which to compel information upon
which charges and prosecute our inquiries
It gives qualification. however, to state that IN the
PROCESS of tho investigation the utmost iberallty on
part OF the Committee was manifested without any re-
sraint in view Of the fact that transactions upon which
offered evidence were not made the subject OF pre-
The r1le laid down by the Judiciary Committee was
to admit tie judge charges against whom were under
investigation, and his counsel with your Committee and
stenogrher Tor each party, blt to exclIde All others
and rigiy this rule adhered TO that not even
clerk or assistant OF any d S %pa dr of aa 70 0e
nittee in the necessity deyoyod upon them TO perform
that work which might readily have been delegated 20
others in the preliminary examination Of witnesses the
arrangements for ATTENDANCE and the general work
which ordinarily engrOssed from 10 o'clock in the
morning till late hour in the evening, with only short
interval.
Another tule laid down by the Committee before the
first session ut which we were presenti we have not
ceased depOro hut all our efforts 10 procure its mod
iacntion proved abOrtivc-hat which kept the inves
cations secret and imposed upon us an Injunction or
ination or the publication Of copy OF the es
m0ny. rule must necessarily operate to tie ad-
most heavily. result has been the opportunity for I'M
nc eurae statements of the evidence the impossbity
the interest which attends public Investigation, and
the want OF tie encouragement thus furnished 70 those
p ssessed valuable information who arc ndcred by
tmidty or Indifference nom placing II az our dlsposal
and pubcatio OF articles in the public Press cacu-
lated produce tie impression that not able to
subsantiate tho charges we had made, and thus 10
create npSc " dr WIN m ese 70 we
@ made es goes greatly beyond the expectation which
entered upon its prosecution.
now JUDICIAL coRRUPTIoN IS PROVED.
However general may have been the opinion that it
would be possible to mako out case OF judicial wrong
and agrant abuse OF judicial powers and processes,
we had been given to suppose that it was expected
that case OF pecuna.y corruption would be established
1t would be unreasonable to suppose that PROOF would
be forthcoming TO demonstrate that In any particsiar
paid for by direct peeuniary reward Ihat Is not the
way In which such transactions arrange themselves.
By the receipt OF presents roai favored tgahls py
share II the benefit realized from Judicial patronage Dy
the o. Gepe 6a Spfn & m ~ fam ana ~ pen IN
these days they influenced by pe'Inary considera-
out case of judicial corruption it has seemed to
that when enormous loss and injury both resulted
mart Of the Judge was none tho less fragrant that tho
motion other than that of direct and personal peeu
There ale certain judicial which admit of rep
araton. An unsouni judicial decision may be reversed
was Go m Scn ta a1 GFeea g t y yor GS
abuse TieTe are, however cases in which judge may
act TO the injury Of individual interests secure against
hny 10 appS1t recev n Grant orders Of ar
rest select referees, to order allowances, has fur
nished an easy and sure means aiding and enrchng
favored sncrs and counsel, regardless OF the irre
parable injury to the victims OF such judicial abuse
looked for the evidence to explain the prevailing feeling
OF distrust Of the action Of courts in New-fork.
ILLUSTRATIONS OF JUDICIAL MISCONDUCT.
We have not had tme nor have deemed 1t noces.
sary forth the proofs in detail. But by way OF
illustration, we present few of the proved.
l. A plaintiff with judgment unsatisfed obtained an
order under the code TO examine debtor Of the de-