The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-10-16

comprising perspicuous and comprehensive plan
ior the operation OF an efcient Court OF Arbitra-
The passage Of this law BY the Legislature has
when the mutiiarious aairs and Increasing ous
i ness OF the great commercial emporium which
the city OF New York has become give rise to con-
| tr0versieS that overburden our courts. Mercan-
tile interests are peculiarly liable suffer when
the avenues OF Justice are INSTRUCTED. Men en-
occasion to resort to some authoritative tribunal
| 10 settle their transactions, ana expedition is
! often requisite to d complete remedy. The mer-
chant whose goods. IN fr'dnsit,t or in warehouse
| are Improperly attached or claimed by another
ha tine a% n, may be speedily tried
marketable, The shpowner, whose vessel Is
selzed, or the master OF which is sued, cannot
| anord to wait tue long process OF . lawsuit. He
would better buy his peace at the sacrifice OF
justice. The insured, whose property has been
to have his business suspended for years
until IL can be determined whether his
| resume his trade. The banker in the course OF
single day may have his thousands locked up by
TRANSACTIONS which judicial decision alone can
set Tree. He deprecates nothing more than delay.
In short, the exigences OF trade this great city
require the establishment and operation or court
| be tried and determined summarily. Trade de-
mands and receives It's sufficient supply OF capt.
inventions Tor tightening labor; it employs ships
and wharis and warehouses, with all the appli-
unavoidable disputes can be readily determnedp
| IL alter due consideration by the Chamber 1t be
thought best, they may perhaps seek from the en-
| SUNG Legislature an amendment OF the law, SO
that an appeal Will lie directly to the Court Of APP
peals from any decision OF the Arbitration Court
where the interests involved exceed some
specific amount. This would be, in the opinion Of
many, a most desirable amendment; for, so soon
as 1t shall be obtained, any sutton in the Arbitra
lion Court may be sure OF nnal decision by the
highest judicial authority or the State In much
less time than he could have his case heard In the
first instance IN one OF our superior courts OF
law. When such aconsummation can be achieved
ments and delays OF litigation. Exemption VIII
then pc secured rom the burdensome expenses
purse and exhaust the patience OF SO many It'll
giants. V4 N4 Aae -
Of Arbitration Will open new epoch in the his
tory OF New York. Ii such court shan secure
popular favor here, as 1t has done In other lands
commercial interests Will TO some extent be re-
lieved from the paralyzlng effects that now from
the expensive and Iardy proceedings OF our
can anord no sufficient relief; for they will be
more and more crowded. Cases there must multi
ply WIN y ever e aId
cal philosophy TO devise methods for the safe and
speedy administration OF justice. Any method to
be effective must command public confidence.
The Court Of Arbitration Is not novel expedient,
but 1t Is already tried is recommended BY
operation In other countries. We are a progress
slve people, ana the new stages OF our advance re-
quire that even systems OF Antiquity should yield
One characteristic Of American liberty that dis.
tinguishes 1t from the English poMty, 10 that we
adapt them more perfectly TO the varying interests
OF the people. We have demonstrated as prao-
gas tns aHn OF e9 fSa h with an
are not free from the danger OF defeating
Justice ts Sy the growing evil OF its delays:
sentence BY German author when he
said, Liberty is nothing else than Justice" Ifw
E2se ~ sdff agSns e sS u he aMs
delay. Wrongs should not be suffered to outrun
the steps OF timely redress. TO provide method
for the convenient ana speedy trial and de-
clslon IN such cases the Legislature mas authorized
the Chamber OF Commerce TO establish its Arbi-
tration Court Let us do what we can to. make it
q tribunal where justice shall be administered
with honesty capability and expedition.
n @ se sac snav tne great y o.
amounted to denial OF justice. The constitution
recently established Court OF Appeals and q
been established for some years, there are hun
dreds OF cases awaiting their decision. he
not end with the Chamber OF Commerce,
but that the other departments OF business
would establish courts Of similar character. II
the State at large. He said all honor to the state
Legislature that had passed this law. This Court
was somewhat kindred to the Courts OF Concilla-
ton In France, IN his judgment, where law and
equity were joined together. He concluded by
recommending to the consideration OF the Cham
Der the constitutional amendments. TO be sub
mitted TO the people Tor adoption at the FORTH
coming election.
Mr.. b. NJ. STONE in his address traced the his.
tory OF settlements OF dispute between men and
nations. He said that 1t was not alone the laws
DEGREES and Interpretation OF law IN defiance OF
the principles OF truth and justice. He hoped
there would be no amendment OF the act 80 as to
take It's decisions direct TO the Court OF Appeals.
With all Difference to the modesty OF Judge
ne nas all al who appealed to
Mr.. ELLIOTT F. SHEPARD explained the operation
OF the act and its various provisions He said that
it was deslrous that the pubic should know OF the
Responsiveness OF the proceedings OF this Court,
which did not allow any costs.
Mr.. JOHN F. HENRY moved that as the constitu-
tional amendments were to be submitted 10 the
people for approval or disapproval on the Sd OF
November next, that the Chamber, by it's vote,
express Its approval OF these amendments.
the CHAIRMAN ruled that as this was special
meeting, 1t would not be competent to put the
question: though he had no doubt the vote would
MIR. DAVID DUDLEY FIELD said that the Chamber
had taken step In the right direction in estab-
fishing Court OF Arbitration. 1t was step, too,
IN the direction OF the establishment of tribunals
OF commerce. The other day in Geneva he had
an opportunity Of seeing this principle OF arbitra
ation at work in commercial TRANSACTIONS, and he
was glad to see how simple an affair it was. In
the highest court OF that country there were only
should not be established in this CITY Courts OF
Cancellation, and which, u established, would pre-
vent many persons from gong TO law. This prin-
cipe Tor the settlement OF disputes was receiving
great favor In England.
judgment the best court in the country. lie
would rather trust himself his property in that
Court q on tnan IN any other court IN the
cerned he had never paid lawyers any thing except
TO keep him out OF court. He believed That the
law 1T now stood for the gOverance OF this Court
would be the imitation Of new era IN the ad-
vancement of justice.
MIR. LUTHER K. MARSH said that he could not see
why barristers should oppose these courts. Every
lawyers office was court OF arbitration, and it
was the tast resort Of the lawyers 90 to courts
References were to some extent similar courts
Perhaps one hundred lawyers are sitting every day
trying cases that would Otherwise burden our
courts. N#
Mr.. JOSEPH JACKSON said that he shared with Mr..
Chittenden the feelings as to courts; but he felt
more satisfied In the TACT that the Judge who pre-
sided In this Court would act always IN accordance
with the laws or procedure.
After this address the Chamber adjourned.
Is THE FREEHOLDERS, fight.
The Contested Election Case Conclud
I'm jersey CITY.