National Republican. (Washington City (D.C.)) 1872-1888, 1874-10-20
CoURTs oF ARBIrRA1roM

"The laws delays" have become pro-
verbal. 1t costs but trife to commence
a suit at law, but once upon the road there
is no telling where the end viii be or
guessing at the amount of expense which
viii be entailed. Hence the wariness with
which all prudent men transfer their rights
and privileges to the control Of courts.
This is especially the case with men en-
gagged in commercial or mercantile pur-
suits. Knowing the liability to which they
expose themselves and their interests upon
entering a court Of law, of having their
cases determined by courts and juries who
have no proper knowledge or appreciation
of the merits of the transactions under in.
vestigation or of the principles involved n
them, they hesitate long before consigning
them to their adjudication, and they rarely
do so except as a last resort.
Our laws guarantee to us in all criminal
matters the right Of trial by jury. This is
supposed to mean that we shall be Judged
by jury of our peers. But as courts are
now managed how seldom is it the case
that any cause, civil or criminal, especially
in commercial cities, is tried by an intelli-
gent jury. Such cases are rare indeed.
And when the civil cause is one Of COM
mercial importance it is prominently the
case that not single commercial man is
drawn upon the jury. In fact it is difficult
to find a jury, in our large cities, whose
composition does not largely partake of the
professional juror" These are the bum
mers or hangers-on who loaf about the
court-rooms with the hope and expectation
Of being drawn upon jury daily as tales
man. As q rule such men either know
nothing Of commercial affairs by expert
ence or education or they have long since
sunkall such knowledge in the genus loafer
growing out of their idle habits and loose
associations, It isnot strange that business
men should hesitate to confde the settle
ment Of their differences to the keeping of
such men.
To obtain an intelligent and equitable
solution Of honest differences of opinion
from such sources would seem to be, and
usually is, utterly impossible. Perhaps
the cases are raFe in which the two parties
interested falling to adjust their own differ
snces satisfactorily that third can be more
successful. The best way probably is for
both parties to yield something of their own
views for the purposes of amicable adjust
ment. But the next best method is, un-
questionably, that of arbitration by board
Of their peers. The men selected in such
an event viii naturally be those familiar
with such transactions as the one in dis
pute. The investigation can be made at
once. The facts can be clearly and sue.
cinctly stated and decision rendered in
less time than It would take the lawyer to
draw his bill for suit in court. Consider.
atoms like these have induced the Chamber
of Commerce in New York to organize
Court Of Arbitration, under the authority
oftbe Legislature of that Slate, to be pre-.
sided over by Judge Fancher, an eminent
jurist, and which was fairly inaugurated a
few days since. We append some of the
concluding observations Of Judge Fancher
upon that occasion, which viii commend
themselves to the judgment ofmany Wash
ington and Georgetown merchants Speak
ing of the freedom and accessibility Of
American courts to all classes of citizens,
high and humble, he says; There are
$50 many detrimeDts and dangers IA the
process that it is 8 doubtful question
" whether the trial Of commercial cases
" before jury is generally attended with
" advantage. Corporators, men of wealth,
"and other suitors, have had frequent oc-
" casion to deprecate the conduct of juries.
" In many cases it is found necessary that
the Judge warn them against the sniu-
fence Of popular feeling. or the bias of
private prediction. The statutes of
New York have made certain provisions
/" intended to sanction and regulate arbi-
/" tration. and they are sometimes resorted
to for the settlement Of disputes BIT
g that section Of the statute which author
ICES either party to revoke the submission
at any time before the publication Of the
award has had The effect TO discourage
q statutory arinirations; for the party likely
80 be defeated il the controversy IS most
''geneally shreud enough to judge from
stlhe courso Of the trial OF the character Of /
'ftie evidence Vhat the award win probs.