New-York tribune., 1874-10-16
THE PROCEEDINGS.

the CITY as Arbitrator He reviewed the various efforts
that had again and again made during the last 80
years to accomplish a similar result mentioning as one
OF the outgo Ehs OF the agitation the Committee OF Ar
btraton which was long opened to the members OF
the Chamber. The Court of Arbitration went much
further than that Committees powers for 1t not only
gave to every member of the Chamber certain privileges
but placed upon them in connection with the
Court and likewise opened to the merchants OF this city,
who chose TO avail themselves OF 1t by mutual agree
contending parties, opportunity to re-
Ter matters in dispute to the Court with the genera
privileges which belonged to the members. The Court
was the result Of want long felt for some more simple
and direct Of ascertaning and settling various
mundersandngs that in the transaction OF mer'
camille business. Mr. Dodge. with few additional
words returning thanks to Elliott Sheppard for the
part had taken in preparing the charter and
securing services of Judge Fancher presented Judge
Fanchor, who sad
In entering upon the duties OF Arbitrator OF the Cham
Der Of Commerce of the State OF New-fork, cannot
refrain from expressing the high sense which enter
tain of the responsibility and usefulness OF the once
aud feel called upoD at the same time to return to tns
mem bers of the Chamber my sincere thanks Tor the
bers Of the Chamber but the merchants ana men OF
eonsTatulated upon their oRPortansy to establish
Court OF Arbitration. with sufficient powers such as are
conferred by of the Legislature lately passed at
the instance OF the Chamber. Their perception OF the
necessity for such law ana their ssgaSy IN securing
which would result from the successful operation OF the
The steady attachment of the English nation to their
laws usages combined with the Impartial admins
be considered as the chief causes Of their great
An eminent part OF their judicial system was tne
trial BY jury. Or modern liberty and civilization could
dispense with III but Il is ayowedy MT only In Ger
tain cases IL freely admitted that very many con-
troversies questions continually litlgsted, cannot
approprate ne tried and are mot ey hhe practice OF
them and referee for trial whenever the ex-
animation Of long account Is nars which SS asS ase the
subject OF ehanceTy are not come one
manlies such cases are of frequent occurrence; so
that the jury as useful institution m IN sne SefviSs f S
issues arising in'every-dsy ltlgation:
There s more ssNcs he cam Ha sne
in regard to litigation IL is the evil OF delay Suits
has past the trial takes place
an our courts. Witnesses If not dspersed or dead
Saos 80 are kep in aGeyance The deay Oper
ates a denial of justice. There are many contro-
verses which, they cannot be decided at OF near the
time OF their occurrence never be decided at all 80
as TO administer complete justice No speedy trial can
now be had in hgn courts, though the question be
urgent and the interest important.
delay In the United States, in England and In other
lands. One OF the methods proposed Is the Court OF
men attempted to introduce Court Of Arbitration in
England. They met with opposition ch1ehy from bar
s,orv sSs Trotabe forms Of the law courts In
Prussia Denmark, and other states on the continent
Seen tried they have proved beneficial to the peo
pie The plumber Of cases decided by them has in
creased wear by wear the interests involved trans
cend computation Fifteen ago IT was recorded OF
these courts "that the statistics OF those countries
peculiar courts exist proved their beneficial
results number OF cases decided as well as the
o upon Of properly at stake
thus Of the court of to the Court OF Aro
Courts Arbitration has produced signal decrease OF
litigation aud diminution Of expenses sucn Is tne
testimony the value OF the courts IN countries wnere
their utility has been proved.
The statutes Of New-York have made certain provi-
sOps intended sanction and regulate arbitration and
they are sometimes resorted 10 for the settlement OF
Disputes But tnat section OF the statue which author
ICES either party revoke the submission at any time
before pubcation Of the award mas had the effect
to he 0r moss se par
ally shrewd enough 10 judge from the course OF the
a ppobaSy be- and to avoid he revokes the subms
sion. No such temptation or opportunity TO avoid the
which the last Legislature granted 20 the Chamber OF
Commerce. Under that act, when the submission mas
Withdrawing IRON the submission He pusI asl9e bX
the award. and suitable provision Is made for filing It
that belongs the judgment Of court OF record IL
may also enforced by execution. aud thus full power
srstOn Court So far as tue form Of the act is CON
cerned we may with confidence appeal TO ITS welcon,
comprehensive plan for the operation OF an ecient
The passage OF this law by the Legislature has been
timely act The day has already arrived when the mu.
commercial emporium which the City of New-York has
give rise to controversies that overbuiden our
Mercantile interests are peculiarly liable TO su
fer when the avenues OF Justice ObstructeG.
n, after due consideration by the Chamber IL De
thought bes they perhaps, seek from the ensuing
Legislature amendment OF the law so that an appeal
viii lie directly the Court Of Appeals from any decis,
ion OF Arbitration Court where the interests involved
exceed some specific amount This would be In the
opinion OF many most desirable amendment; Tor so
shall be obtained suitOr in the Arbitra-
Court may OF final decision by the highest
judicial authority the State much less time than ne
could have his heard In the first instance IN one OF
our superior eouIts OF law Wnen such consunmauon
achieved, what victory Will be won over tbe
dscOura gements delays OF litigation. Exemption
will then be secured from the DurdensOme expenses and
exhaust the patience OF so many tgants. Tue admin
istraOn of Justice by means OF court OF arbitration
viii open IA new epoch in the history OF New-York. III
such shall secnre popular favor here as II has
other lands, cODiDefciai interests WILL 10 some
extent relieved from the parayzng effects that now
from the and ardy proceedings OF our esab-
Ilshed courts. One characteristic OF American
liberty distinguishes 1t from the English polity is.
that readily amend constitutions and formulas
perfectly to the varying interests OF
the people. We have demonstrated, as pracucsl
reality the union OF sefgoyernment with an ehclent
administration OF the law but we are not Tree Irom
the danger of defeating Justice by the growing evl! OF
its delays Much truth was compressed IN snort SEN
tence by a German author when he said. Liberty Is
nothing else than Justice" II we would secure the
sgsinst ne evil the laws delay" Wrongs should
NOT be suffered to 0verurn the steps OF timely redress
10 provide method for the convenient ana speedy tial
and decision OF certain cases the Legislature mas
authorizea the Chamber OF Commerce 70 establish Its
ArbraIon Court. Lot US do what we can 10 make 10
tribunal wDere justice SHAH be administered WIN hon
esty, capabIty, and expedition. iAppauseJ
the conclusion Of Judge Farchers address Erastus
Brooks made remarks. the Chairman nrst announcing
that the Hon. VIM. M. Eyarts had teegraphed that be
would be there bat probably delayed The point OF
nr Bronkss ramsra was ths he trusted the principle