The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-10-16
COURT OF ARBITRATION.
Proceedings at the Opening Of the
Chamber of Commerce Court.
ADDRESS OF JUDGE FANcHER
Speeches of Distinguished Merchants, LAWYERS
and Editors.

and Editors.
The Court OF Arbitration in connection with the
Chamber OF commerce was opened yesterday W.
Il. Dodge, President, in the char. Among those
present were George 0pdyke, David Dudley Fieid
Dudley Field, $. b. Chttenden, General Davies, d.
N. Stone, Archibald Baxter, George W. BOWS,
Luther R. Marsh, Joseph II. Cnoate, John H.
Kemp. F. B. Thnrber. William Fl. Webb, s. d. Har.
rson. Demas Barnes, ex-Judge Jackson, George
W. Cottrell. John +. Henry. James P. Wallace and
A. r. Whitmore.
Mr.. W. E. DODGE opened the proceedings in q
few brief and appropriate remarks, in the course
OF which ne said that the idea OF an arbitration
court Was not q new idea. For thirty years the
Chamber had had a committee OF arbitration, but
1t was mainly through the exertons OF Mr.. Elliott
+. shepherd that the principle OF arbitration had
received large extension for application.
Mr.. ENoCH L. FANcHER sald:- N
GENTLEMEN-In entering upon the duties OF Ar
bltrator OF the Chamber or Commerce OF the State
OF New York cannot refrain from expressing the
high sense v hch entertain OF the Responsibility
anu usefulness OF the ONCE aud feel called upon,
other officers, and many distinguished members OF
tne chamber, my sincere thanks Tor the kindness
anu heartlness WITH which they have encouraged
beers Of the Chamber, but the merchants aud men
OF commercial pursuits in the city OF New York,
establish Court OF Arbitration, with SUFFICIENT
powers such as are conferred by the act OF the
Legislature lately passed at the instance OF the
CHAMBER. Their perception OF the necessity for
such law, and their eagacty IN securing 1t, with
which would result from the successful operation
OF the Court IL was remarked by an English his
soran that am nor people who Ved ~ ms 50 SIMPLE
power was OF more consequence than the leRisa-
i've. It may be said even now that the highest
civilization would recede into barbal ism II the
judicial power were destroyed. 1t Is one of the
chief supports OF q free State. Liberties are Sc
cured not alone by swords or constitutions and
laws, but as well by the inestlmable right OF av-
ing civil controversies determined In the local
tribunals .I q the people Among the causes that
OF England we ind nothing that arrests attention
more than the judicial system OF the nation and
o. the common. law. The jurisprudence OF the
kingdom soon became Q science rather than an
ART though Il borrowed te rom the writings OF
An ancient English law book would be considered
very dry reading by philosopher; yet such
lie and private rights are maintained with more
naa tn T9s IF 81 me
laws and usages, combined with the Impartial ad-
ministration OF them through their courts OF JUS
tice; must be considered as among the chief causes
OIL their greatness. An eminent part OF their ju-
0iclal system was the trial by july. This was
founded on the conviction that the lreemen OF the
the gowtS Of s as
far back as Doomsday Book we ind the
trace OF our common expression Of suitors
putting themselves upon the country, which
one OF the strongest ramparts which civilization
has erected against the overthrow OF freedom and
selfgovernment. It has also upheld tue scales OF
justice with its supporting arms; but 1t would be
too much to claim that It's verdicts were always
right and in accordance with reason. our own
system OF Jurisprudence 1t is well KNOWN was de-
rived from England. The jurisdiction and method
OF proceeding in our courts have their patterns
there. 1t has on this account become matter OF
deep interest for me TO stady the character and
practice OF the English courts. But our republ-
can institutions, which are moulded by the win
and main tanned for the benefit OF q free people,
are more lmbued with the spirit Of freedom and
We have no courts demanding fines to enter. Our
courts, 1T is true, are sufficiently encountered with
forms, but they are free tribunals OF the people.
The meanest citizen may, without fine or him
drance. impead there the highes: and proudest Of
there are no leHda usages to abate their power or
We have retained the right OF trial by jury; our
modern liberty and civilization could not dispense
with IL; but 1T is avowedy 1T only IN certain cases.
1t is freely admitted that very many controversies
prOprlarey be tried, and are not, by the practice
OF our COURTS tried by q jury. The issue Is with
whenever the examination OF q long account Is
involved. SO, also, the numerous cases OF an
equitable nature. which are the subject or Chan.
by single Judge.
In all commercial communities such cases are
OF frequent occurrence; so that the jury, as q
useful institution in the service OF our courts, IL
not competent to try many OF the issues arising In
everyday litigation There are 80 many detr-
doubtful question whether the trial OF commercial
cases before jury Is general attended with adj
vantage The jury take no notes OF testimony
They have to rely on the epnemeral I'M
pressIons it may make on their minds or
the witnesses have sworn to. They are never
Judges oil the law, but must apply TO the case as
Dest they can sucn rules OF law as are orally
stated to them by the Judge. Their Deliberations
are frequently Ourlesque on the word Tor often
heated discussions and violent disputes take the
place OF delberation Corporations, men OF
wealth. and other suitors have had frequent occa-
sions to deprecate the conduct OF juries. In many
cases 1T is found necessary that the judge warn
the bias OF private prediction. suppose you
have heard OF the man who came home TO explain
his long absence TO his wife, by complaining that
jurors who would not be persuaded by his argu-
ments and prevented any verdict being returned.
potency OF jurors that afilicts the commercial
community in regard to its litigation. 1t Is the
evii Of delay; w.. SUITS cannot be determined with
past wnen the trial takes place in our courts the
witnesses. II not dispersed or dead, come to the
are Kept in absyance. The laws delay' operates
sontsssyysrsiss Sxnl;S,. H.. they cannot s g
occurrence, can never be decided at all so as to
administer complete justicB, No speedy trial can
TON % be Au urgent MT ana the Interest
Thousands may be involved In the result, but the
case must pass through the slow stages OF pro-
ceedings like any case OF trivial consequence.
The most sKtlful musician cannot make mar
monious melody unless the struck lutc-strlng
instantly responds 70 MS soac Tae ,h most io
cOmpense an injustice unless the redress ne
DEGREES speedily follows the commission OF the
the laws delay in the United states In England
and 10 other lands. One OF tue methods pro-
posedis the Court o. Arbitration. Lord Brougnam
q M