The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-10
THE BAR ASSOCIATION.


hello last night in the parlors OF the Association In
Twenty seventh street. Mr.. =. S. Van Wrinkle pre-
sioed. The minutes OF a previous meeting were
read from which II appeared That the Association
hao made Certain recommendations to the Judiciary
committees OF the Legislature to be Incorporated
INTO tue statutes OF the State. They selected nfty
names OF lawyers from which referees should be
appointed; that money received by sucn referees
should be deposited in some trust company ana
thas no oraef should be made out Of Court unless
upon affidavts presented, giving sufficient reasons
therefor. committee OF five was appointed TO
present these points TO the Legislative Committee Of
the Judiciary, which they did, The first was denied
but the other recommendations were received by
the committee.
THE EXECUTIVE COMMITTEE
OF the Association reported In favor OF meeting on
the first Tuesday OF each month; that three absences
from such meetings without cause shall be conid-
cred resignauon; that fine Of 81 be imposed
upon absentees and that 81, 900 be donated TO the
library.
Messrs. Philo Chase, James M Lewis, Frank S.
Smith. g. P. Miller, L. l.. Parris william MITCHELL
Jr.; Henry Aker
The Treasurer reported the general fund at s2s5l,
and the library fund at $2,5ss. MT. John Jay sent
gilt OF 800, and Mr.. w. II. Peckham gave $3.50,
and $500 were sent by few banks toward the ex.
penses OF the Legislative instituted by
the Bar Association.
The Library Committee acknowledged valuable
donation of books from william M. Evarts, includ-
Ing Q collection OF the
CHRONICLES OF GREAT BRITAIN
during the Middle Ages In 100 volumes and 139
other books OF various characters. some OF them
very rare which MIR. Evarts for sale In London.
MIR. E. L. Wets who after iorty-six years. success
full practice OF this State about to retire.
oIon tal hal Il,rnru "a
authorized 1t to buy missing copies OF sets at
expense. In his communication Hr. Wlllets con-
trasts the Judiciary Of to-day with what 1t was when
he began to practise law. Then 1t was an honor to
be lawyer or Judge; now 1t IL almost disgrace
letter was read from Judge Snea OF the Marine
Court, asking the Association TO take some means
OF proving or dsprovlng the allegations OF cOrrup-
ann na w ,a n sMr. Snea,
point whether this matter should he referred to
special COMMITTEES OR TO the standing judiciary COM
mittee OF the Association for action. 1t was con.
sdered improper 10 touch 1t AZ all, inasmucn the
Association mad no power to summon witnesses,
ana 1t would De stuitlhcatiOn OF The AssOciatlon
to send 1t to the legislative Judiciary Committee as
suggested since the Bar Association had asked for
ADJUSTMENT OF THE MARINE COURT.
And furthermore. 1t was said the Justices or the
not be removed except by the Governor for cause
or by the Senate on the Governors recommends.
ton. The communication OF Judge Shea was, how
ever, referred to special committee OF five.
The great feature OF the evening. and that which
mainly called large representation OF the Bar AssO-
citation together was the report OF the Judiciary
Committee or the Association upon the legislative
judicial investigation which has recently taken
place here regard to the judicial conduct OF some
OF our judges. This report was read oy Mr.. Van
CotG, and during the progress oil It's delivery ana at
its close was frequently ana warmly applanded.
The repOrs set out with review Of the curreut
rumors which prevailed regarding corrup.
ton the !Sd'cay ,n Of this city and
to institute the charges against Judges Barnard.
Cardozo and Others me testimony taken win I'LL
n "A In ha nfa.l f,t..,
reference and as an evidence OF what the bar Asso
citation has tried to DO to purify the Bench. The
report was prepared hastily and, OF course within
It's limit could not give very many specific acts
proved nor the evidence adduced. But enough was
elected showing that state Of things existed III
the courts which could not be endured, and which
imperatvely demanded the removal OF the Judges.
1t Is currently held that unless Judge receives a
pecuniary bride TO AFFECT his judicial action he Is
not corrupt. But the report asserts that any Judge
VINO violates the law Of right toward suitor know
ingly and wiliully IS corrupt no matter what the
| consideration may be. tApplause.j
JUDGES ARE EXEMPT FROM PUNISHMENT
i I'M s 0 and trial. Judge should
not be punished Tor honest mistakes, but In
Just the proportion that he escapes punishment he
| Should be held liable 10 Impeachment. And II he
steps aside from the established usage Of the Courts
or upon eL parfe statements appoints refer es or
does Tor party what he would not do for
another, differences must inevitably be drawn that
justice Is not administered, and Partially IN those
cases Is Judicial corruption. (Applanse.l The in.
vestigatIon compels the finding or such corruption
ana spite OF the rules and restrictions with when
further than they expected (Applause) They oid
not hope to be able to establish pecunlary corrup-
tlon but they had traced home presents received
from successful itigants and political iavorltes and
had in that way established their case The power
TO issue lnjunctohs appoint referees and receivers
and make allowances. &C, mas enricned iav0rtes
regardless OF me damage done to other Dariies AS
illustrations OF the administration or
JUSTICE BY JUDGES BARNARD AND CARDOZO
the following cases were Rlven-A paintii with
Judgment unsatis1ed asked for an Injunction re-
straining tue debtor from paying the debt TO the de.
fpud no
amount to the plaintin. This was denied, but an
order was made commanding the debtor TO nav the
money over lorth with to friend OF the Judges on
pain Of imprlsonment-two criminal offences COM
United In one order by Judge Barnard Another
case was that famous one OF James Fisk, Jr.. agent
OF the Union Pacific Railroad and the Credt Mobl-
er. which caused a loss OF $5O)O,0Oo to the com
pany, and about the terror winch the order created
Judge Barnard made his boasts In barrooms OF this
city. The famous Black Friday case was another,
wherein Barnard compelled the Bank OF New ork,
then insovent, to pay all OF Its assets amounting
to $4,000. 70 the brokers' OF Fisk, Gould Co. aud
SIS 900 to receiver OF his own appointment leaving
the other creditors without cent. Tue Justification
set up for this action Is that the plaintiffs and the
bank ofcers consented to 1t. but the bank officers
| saw That the consent was wrung from them, and
that the bank suffered loss OF between two hun
| dred and three hundred thousand dollars wiIhIn
iorty DAYS the SUIT OF the Engiish stockholders Of
| Erie against FISK 4 Could In which John II. Cole
man was appointed receiver, Is another case cited
Within one hour after this suit was discontinued
one Robinson keeper OF the Erie Company's cattle
Yards In Jersey. was appointed receiver In return
Tor q loan oil $4,000. which he gave to Judge Barnard
| nard gave to Coleman Tor some land specu-
| Iation. Judge Barnard also appointed mana.
| ger for o railroad 800 miles long, and running
| through three Western States, and the result was
| a loss OF s2.OuD,000. from which the road
has never recovered another case was ina, o. INC
fire. where it had lost heavily, and one brown
| bought ten shares OF It's stock at ten O'Clock one
| nav and nv noon receiver was appointed by
Barnard but the company was not insolvent seve.
raj other cases were cited. including the Special
saasions aIl delivery by CardOzo and Barnard and
cer,a,n money transactions between 0ratz Nathan
ana Jndae Cardozo which looked at least suspicl.
80. Moneys drawn from bank by Nathan were
Genosted IN corresponding sums at the same dates
by Cardozo. u..,.,,on -. , . 49,
committee aud 500 copies OF the report were ordered
10 be printed.
apT rYHTRTTT0N IN AID OF TIE HOMT0-