New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-10-22
The New York Chamber of Comnlevce
Court.


formally inaugursted on the fifteenth in-
stans
Msnv Of ,he most distinguished mer-
chants, lawyers, editors and public men
wees pYeeens, ard several made sddressee
". E. Dodge. president Of the Chamber,
oDeaea the proceedings in few brief and
appropriate remarks, in the course OF which
he said that the idea Of an arbitration court
was no. = new idea. For thirty years the
Chamber had had . committee of arbitra.
,iop. but il was mainly through The exer-
,ions of Mr.. Elliot. +. Shepherd that the
p,inciple Of arbitration had received .
large extension for application. He then
introduced Hon. Enoch L. Fancher. the
nevly appointed Judge. From the Herad
Of the sixteenth instant tho following ex-
tracts are made:
Much of Mr.. Eancier's address 10 COM
poseA Of . comparative review Of the ad
ysntages Of either jury or arbitration trials
and . briet but comprehensive review Of
tho early advantage Of jury. and its
decline in value in determining commercial
cases.
On this he says further:
Wa have retained the right Of trial by
iury: our modern liberty and civilization
conld not dispense with it; but it is svow-
edlv fit Onlv in certain caees. lt 10 freely
admitted that very many controversies and
questions, continually litigated. can not ap-
propriately be tried, and are not, by the
practice Of our courts. tried BY jury. The
issue il withdrawn from them and sent to
rat.ree for trial whenever the examination
of 2 long account il involved. 30, also, the
oumerous cases Of an equitable nature,
which are the subject of Chancery cogniz-
ance. are not tried before the jury, but by q
single judge.
OF tho act establishing the court Of arbl.
trstion he saye:
The passage Of this law by the Legisla.
ture has been timely act. The day has
already arrived when the multifarious
| affairs and increasing business OF the great
commercial emporium which the city of
New York has become give rise to cOntrO-
| yersies that overburden our courts. Mer-
camille interests are peculiarly liable to
| sutfer when the avenues OF justice are OBJ
I structed. Men engaged in commercial pur-
suits have frequent occasion to resort to
| some authoritative tribunal to settle their
| transactions. and expedition 10 often re.
0uisite to q complete remedy. The mer.
chant, whose goods, in transitu or in ware.
| house, are improperly attached or claimed
| by another, desires that the claim may be
sDeedilv tried. He wants the control Of his
| goods while they are marketable. The ship.
owner, whose vessel is seized, or the master
| of which is sued, can not afford to wait
] the long process of q lawsuit. He
would better buy his peace at the sacrifice
| of Justice. The insured. whose property
has been lost by perils of the sea or by fire.
| can not endure to have his business sus.
pended for years until it can be determined
I whether his losses are 10 be recovered. tie
| desires to resume his trade. The banker III
the course of single day may have his
thousands locked up by transactions which
a judicial decision alone can set free. He
deprecates nothing more than delay. In
| short, the exigencies OF trade in this great
CITY require the establishment anu opera.
ton Of court Of competent authority
where controversies can be tried and deter
mined sunmarily. Trade demands and re.
ceives its sufficient supply of capital. Its
marvellous facilities OF transportation, its
inventions for tightening labor; it employs
| ships and whary<s and warehouses, with
all the appliances and improvements.
| Why should its operations be restricted
for want OF forum where its unavoidable
disputes can be readily determined! If after
duo consideration by the Chamber it DO
thought best, they may perhaps seek from
the ensuing Legislature an amendment OF
the law. so that an appeal will lie directly
to the Court of Appeals from any decision
Of the Arbitration Court where the interests
involved exceed some specific amount. This
would be, in the opinion OF many, most
desirable amendment; for. so soon as 1t shall
be obtained, any suitor in the arbitration
court may be sure Of final decision by the
highest judicial authority of the State in
much less time than he could have his case
heard in Che first instance in one OF our SUI
perior courts OF law. When such q con.
summation can be achieved what q victory
will be won over the discOuragements and
delays Of litigation. Exemption will then
! be secured from the burdeDsOme expenses
and the wearisome waiting which now de.
! plete the purse and exhaus. the patience OF
many !itigants.
OF such courts in other countries. he says
Lord Brougham and other leading states.
! men attempted to introduce the court OF
arbitration in England. They met with
I opposition chiefly from barristers educated
in old preceden.-: who loved the musty,
! dilatory and profitable forms OF the law
courts. In Prussia. Denmark and other
States on the Continent such courts have
long existed. Wherever they have been
tried these have proved most beneficial to
the people. The number of cases decided
by them has increased year by year, and
the interests involved transcend cOminuta.
tion. Fifteen years ago it was recorded OF
these courts ''that the statistics OF the coun.
! tries where these peculiar courts exist
proved their beneficial results. The number
! of cases decided. as well as the amount OF
| property uDen which :hey have decided. is
I surprisingly large. The amount OF property
! at stake. thus taken out of the court OF law
to the court Of arbitration, has been enor'
nous. The est;,tiiahmen: OF courts Of arbi'
I tration has produced sigma! decrease OF
! litigation and Elimination OF expenses"
Such is the testimony to the value OF the
I courts II countries where their utility has
been proved.
He concluded as follows:
Ono characteristic of American liberty
! that distinguishes il from the English
| politv, is that We readily amend our consti-
tuition and formulas to adapt them more
perfectly 70 the varying interests Of the
people. We have demonstrated as prac-
| teal reality the union OF selt-goyernMent
! with an efficient administration OF the law.
but we are not free from the danger OF de.
! :eating justice from the growing evil! OF
its delays. Much truth was compressed in
. short sentence b. a German author when
he said, Liberty is nothing else than jus.
! tice." II we would secure the blessings c.
oar political inheritance We mnss gIar''
| agaius. the evil of The laws delay. Wrongs
I should not be suffered to outvun the steps
OF timely redress. ToproviGc a method tor
! tho convenient and speedy trial and de"
I cisfon in such cases. the Legislature has au'
! thorlzed the Chamber o. Commerce to ga
! tabllsn its arbitration court. Let us DO
| what we can 20 make it a tVibuna! where
! justice shall be administered with honesty.