New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-04-19

ca q Of experience and csRaey, .i sno
protected the amt ssss
iS fore and partition suits for accord
ing to the aud labor necessarily given 70 them Anu
ret, :: sss 5 are IN Of sS
Of January, 1868, MT. Gratis Nathan was deemed ~
iSs Ear Of the city Of Ne%YorS to metc 70
itigants and one Francis Binby personal fenm .,
% he Of the supreme
to be receiver and his services deemed to possess
an s TSe Justice 81 an law distributed Nathan
demanded higher than aaa eyer se hsr
SSd al Ss same nth time VIM their
former potency for the protection OF funds or properly
a a"n OF eaa HN ce safety
leCeiver was always needed TO protect either gcs Or
Sa % hs IN owe %
ownership had always bee. MERELY means 10 litisa.
ton 1t now In cc,ah Courts. and u the minds OF Ger
sae:u Un6agn often for them the end suit and
pSy but for two one San Ssd e
in the New.York County Clerks office at once in,
creased s%d Up wS
qucncy principal executing them and IN snch cases
e IN isd ns as @ G
his counsel always. with one exceptions Mr. Uis,n
Sm reeeved as ,se COUNSEL for sAS
the amounts deposited in and drawn from Mr. Nathans
S Sank account sS 81 went into Judge
bank account Mr.. Nathan could give no statement nor
what he had done with this patry sum Of 10000 He
had never kept any cash account An alarming anso rp
books in the month Of February: 1872 seemed to
he the only way OF accounting for d9e Mr. Hahp NJ
Nathan testified that he had. on few occasions loaned
small T" Judge %Tio1T '6a1 ave been srad in
bills but could give statement IA to the dates or
Nnthan Amounted, as has been stated about $4,000
and in one case the amount over $500 The sum OF
all the T al s Sch we're the subject Of nvos
ton was only $500 and checks never passed between
rs TO this anonnt Of $4,000 MI Nathan could give
ana,ion or statement as to where the none! came from
or 10 whom OF for what 1t was pad.
RECEIVERS FEES.
Mr. Rlvhy, the Receiver Lave testimony a. to tho
his fees Receiver In few where tho
fees had fixed by Judge Cardozo As Receiver OF
the British Commercial Mutual LIE Insurance Company
Mr.. Bixby appointed Receiver ON the ground that
the Company was insovent and the policy holders In
secure-he reiusured all the policies under judge
Cardozos order received under Judge CardOzos order
sI2Ooc. and then had fun! OF some amount re-
sentatiycs Of the Company from England As Receiver
of thr Beeklnan Fire Insurance Company, appointed
ctiycd already fees of between 5000 and f6oo
and The ReCcvcrshp Is not yet closed AS Receiver OF
the Aston Fire Insurance company appointed by the
order of Judge Caroz", he received fec Of nearly
more than month and during this period. he testified
that he did not iecoLect o" OFTEN ne attended at me
vent S nSrs as often a. once week" As Receiver q
he qn d mSe n .% . Of TTs sSS a1
Patton, appointed l| the orner 81 Janse ar,
OF 5000 ,hc nominal service covering only few days.
and the Receiver never having mad in his os'e-son
that n, frs ms fees were very small; brit that the fee
of si2UV in the Of the British Commercial llfe ~"
~ M@ ns Ha az h 1S s a"
every case of II foreclosure OF partition sale meds by
And I ~" Eases mcaned "ncrc Mr. Bxby wa. Re
cevor, Nj Nathan received for his fees Eece'ers
AStor case. sioos in the Beekman $1,000 the Great
Western Life INSURANCE Company n2. yTt elosta >2"
Patton. 500 And the management by the Receiver of
the H"husn House, and the reaaon,hlcness OF tt" fecf
according to aT BiXby. went far; In the opinion OF one
of the c0uns, in the case Ito rot ships % Then
."a o" ina rns all tl ,n N1 ' Ns 'hS'G "s JS s
aroio. Here follows graphic accom-. oi tee rc'eN
e!shp- following the Chicago hro
ARBITRARY AND uNIr-I HIPris"rMIN!-.
The Constitution of the State Of NewYcih provides
that no person shall be deprived OF lie, liberty. or
property without due process of law. This provision
does not now In all cases. secure the protection 1t was
ineujed TO to the citizen A. an illustration Of
tins statement may he given the case Of two Women
before Judge Cardczo. Against these two women no
charge Of crime was ever made They were taken from
their homcs night carried ~ the Iobr Placed IN con
nncIn under warrants ssucd by judge Caid"I"
not Wines ever being examined on al attiayt
hriug made shoW any Carnsc Ivy either OF tein com
r,@d. These women "a. In Jail for more than Week
without legal proceeding Of any kind being had ginst
them Finally. lawyer VI this c,tv Was retained hy
Mil, W re- sw6r, to hy them witch submitted t.
Julsc Carozc. d. harding that they be discharged from
la Tyor the foilowins words: DO touch thls
Il y"a do, yon will dtsplease me: il you take ,hi-
crsr need not expect any laNors from Inc while
! anu on the Bench." Tie counsel for these two
men than applied +" two other Justices OF the onrre'.
Court for wit OF hatras corpus, and found TINT
Judge CardOzo had arranged that the WIT sh"lth
S be o CSambr The wits we're hen 50 mad et
HIM the next day. the prisoners i't"uVt
counsel the ground before tina; there
charge It them. Judge Carbon" then refused to
against thr protect The r~On,i>' counsel, Icnauded
,c psObtr~ to t:e Tonh.. wlcIe tuet Remained in
ucre passed before they discharged and they
finally released without complaint or IA single i"r'icio
vi testimony having been offered them.
precisely The aiidavits Ia then favor ". then
cnn-c hal presented I" JudIe cao@o Oh TIC very fist
slphct ton 10 him.
These TWO so,Yen lay N iiicn for nin't"sn days
", r aMif fwIS dtr r,er we're ,ng sre
Judge Cartozo under writ OF habea, corpus. The
prov idcs that, the return m Ing made To
writ habeas crpns, "thricupon such Cont or officer
shall proceed in summary way, TO hear snch arr.-
ton and proofs a. INA, be- Produced IN support OF rci'
imprisonment detention. against the same and 10
dispose Of such party as tho justice Of the case may re-
Que." No lllegaion ar pToois were ''pr"iucrd IA
support Of such imprisonment" "Ibc justice Z" thc
case alrareniy in The mind OF Lndsc Cardo'o "rc-
should he continued for twelve days longer when thcy
6" asS provide. IH 80i" ."
the writ Of ha'cas corpus shall moi he SUI pended nn
wh'u in cases OF rebellion inv aston, Inc p'i'''
sa:tty MAJ require It's susr
rHE FIELDS DIVORCE sur.
In Fields agt. Fields. divorce sn, the fins; hearng
was before Judge Ingranam. Judge Barnard vino had
not heard the parties got Of the papers, and
decided the cause. granting the wife divorce. but
fnsing her alimOny. The act OF Judge Barnard-tie.
Gliding a cause lie had pot heard-is statute Di-de-
meaDOr. Such sham Judgment Oh the records Of the
Court should have been promptly expnnged utterly
ire gulAr and void. motion utdO before Judge
Cardozo to set aside lie decided that the Judgment
IRREGULAR the af1idy OF the
nsrd had heard the case)-irregui because Judge Bar
nard had no jur sdictiUn W decide u Cause he had
heard; but he refused 10 set it asde because he
said hs thought il such a Judgment "a might have