New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-07-30

..o 20 ,udre who has mistakenly. although hon
, urcucsincod Judgment held to be Illegal says tha'
~, usr every ese connected with the prosecu
.,cr Il liable to suit for damages
,uncRs NOT LIABLE To SUITS FOR DAMAGES.
rerv lawyer knows that judge Is not liable to civil
,r his jUilcial acts, however erroneous they may
ri. true recent case the CITY Of Ncw-fork may
Ind 10 the contrary. but that case has not yet passed
,ss ordeal Of the General Term Of the Supreme Court
.ary -. in the reign of Charles H. 1t was held ny the
Chr, Of Kings Bench that action will not lie against
magistrate for false imprisonment in consequence OF
-. done by him the character OF judge That rue
o.. nsep continually followed in the English courts.
hawkins save fB. ., Chap. -, See 6.l
I.w has freed the judge Of all courts Of record from
~ roSec ions whatever except IN the Pa liam NJ tOr
done by them openly in such courts as judges
Tr tha authority of Government cannJ. Dc III ancu
ueSs the greatest credit IL given ~ those VINO are 40
HILL intrI,sted with the adm s;ranon of public JUS
,ice and wOulI he impossible 10 keep up 10 ' FpP,c
that veneraon Of Their p sans anu m yce o Laws
VIII the Of those who's pnrtiaty to their
avn causes wOUld induce thaE 10 think themselves III
Oar venerable and respected Kent while ChefJnsticc
o,tbe supreme Court. sll. in his opinion in Yates ast
Iausins q Johns Rep. 2s2. affirmed in the Court Of
Errors Johns. Rep. SaI'
u,evor No subect the established courts OF the land
q, the degradation of private prosecution we subdne
their Independence and destroy thei iutnoriy nnSend
NJ beng venerable before tae pubic tly i"cuiH V"n
tenptihlc an we thereby emh1ld the hconilols 10
everything sacred w ~'cicN, 'N'I
those institutions willgh nav O''
the best guardians OF ciyIi Iherg'
This doctrine was gain approved and sanctioned in
the case Of Cunningham ast Bucklin. Cowens kep'
17s In 10 Johns Rep 500, Mcdowell aSt' van p'l'eh'
The Cour, say
nj general principle that judge cannot he excepted
10 or ed for oorruptVn but muat DO PUNISHED oy
indictment &C Impeachment.
u well 70 refer this time IN these authorities ana
% the language Of such judges. 1t carries some reprooi
"a a, persons who falsely fllaciously seek to impair
M influence OF our courts TO break down that respect
which orr highest Cour: has hitherto Justly obtained
Dnring 30 years q. . lawyer and Judge have known
oter instances OF the displeasure OF Mr Oon0r Win
Judges Of courts when his cases have not been de-
cided aerecaby to his views OF law and justice some
or years ago he charged judge Bets Of the Dis
riot Court Of the United states with improperly deciding
soue case the title OF which do not remember. Tho
late Court Of Appeals he denounced emphnticllly for
thar decision in the suits known "a the metropolitan
Police casts But Gil those judges survived without any
impeachmcnt Of tncir integrity. The present Court OF
Appea- ovcrruled all the principles decided in those
raes when the Legislature recently attempted TO create
sinlar police district the City of Troy suppose
he approved Of the latter decision; bat great many
were very much Disappointed l have not heard
ta4 tAc yers of Troy advocate an Impeachment OF
the Court Mr. OConor 1beleye, approved OF thc bred
Scott IL c:,On Many lawyers thought differently, and
nome thought Of Impeachment some editors urged that
,ourse but wiser comscs prevailed and the honor OF
I'M couutTy was saved Nj. OCOuOr would have becn
foremost in their defense ara sure had party or ''o-
tons senate permitted articles OF Impeachment to he pre-
,ned More recently tho land has boeA coH'ulsed by
the Legal Tender question and bitter things were Sai
Of Judges The lapse OF time win establish the true rule
Somebody has been mistaken but there has been no cor
uptiOn.
50 much caumny OF Judges on the occasion OF some
political Or egotisca disappointment tend, to bring the
administration Of justice into disrepute unSee the
confidence of the public and bring us into contempt be
TORE foreign nations trust that unfounded criticisms
sthe motives o. Judges will ccsse, unless persons are
ready AMI willing TO before grand jury 10 lict or
before IA high court Of imp achment with charges
He,c- York July &c, 1879. WIN H. LEONARD