New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-02-20
THE Trial or THE JUDGES

THE TRIAL or THE JUDGES
The exposures begun months ago in this
journal of the abuses of the systems OF
Referees and Receivers have brought results
which we had not yentured to hope for. IL
was believed when the task was undertaken
that denuncation might reform in some mea-
sure abuses which had grown to be positively
oppressive to litigants, demoralizlng to the
Bar. and often subversive Of justice. That
hope was not disappointed. Already the Judges
most VIGOROUSLY guilty of the demorallzlng
practices of compulsory references to fayorite
Crates have been forced to respect public
opinion. and the rights of litigants and their
counsel to choose their own arbiters Alter
the publication of those articles the busl-
ness of the Crates perceptibly declined; and
lawyers of repute and ability were charged
with important and profitable references.
But. happily Reform was not content to
stop here: once inaugurated it asked to be
thorough. The outraged attorneys of the
city, at last aroused to duty and awakened to
their rights, demanded that the Judges
chiefly instrumental in bringing about the
degradation of their profession should suffer
for their frequent violation of the Code and
t,h.ccf contemptuOus disregard Of justice.
They have preferred charges against Judges
Barnard and Cardozo the judiciary Commit
tee of the Assembly began its slttlngs, yes
| terday. 10 investigate the charges preliminary
to their presentment to that body; and
from the denunciatiOn of the newspaper
we advance to official investigation and per-
haps impeachment by the Legislature. The
INJURY into the several serious charges which
have been made must be of an impartial and
indcial character this much cannot be justly
denied the men accused. The examination of
the overwhelming mass Of evidence collected
must be thorough and conscientious this
much is due to the distinguished men who
have preferred the charges, and to the AssO-
citation and profession they represent.
There il, however, another party to this I'M
portant issue which no Legislature elected in
the interests of Reform can refuse or neglect
to consider The interest of the Bar in the
| reform of the Bench is insignificant compared
with that of the people. Civil rights and per-
sonal liberty are involved. One of these
Judges has threatened lawyers with his per-
sonal enmity if they insisted upon the right
| of Habeas Corpus in the interests of clients
committed by him. The other has threatened
litgant with commitment to the Tombs If
he demurred to the appointment of tho Judges
own Graft as receiver of his money. Thus
they have imperied personal liberty and
| inundated the people, and for this
alone they ought to be condemned. But fur
Their, they are the last remaining link of the
Ring which till lately bound this public hand
and foot. Barnard and Cardozo, sitting in
Special and General Term, gave the Ring
much of its strength and now give it all its
immunity from punishment. They were the
power behind the throne which made the legal
| outrages of Tammapy and Erie possible.
| Tweed and Sweeny are powerless, struggling
| to escape from the ruins they have drawn upon
them Fisk has met the violent but natural
| end Of his lawless career, and his cOnfedcrates
| will probably soon bid farewell to the frescoes
of the Grand Opera House. Connolly no longer
| falsifes warrants in the Controllers Office,
but answers those in the Courts. Hall is
under Indictment and awaits trial. The
men who helped to make them all powerful
remain to protect them in their present diff
culties and, if they are suffered to retain
their places will certainly seek to revive the
Ring, in which only they can hope for poiti-
cal support. Tammany is down, but cannot be
considered dead while these men remain i'll
power, and Reform can never be thorough as long
"a they exist to thwart it. These are cOnsidera-
tons which cannot be ignored, though they
may not appear in judicial inquiry. 1t will
not probably appear in black and white that
the honest citizens of New-York hold these
men in terror or contempt, yet nothing is
more certain than that they have not the
political support or respect of score of citi-
zens of honorable instincts who are unfortu-
nate enough to know them personally.