The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-01-11
Our New York Letter.
The rwead Litigaiion.--The Law and
its Wonderful Delays.---A Reform in
JHrispiudence,
NEW YORK. Ian g 1875

JHrispiudenes,
New YORK, Jan. 8, 1876.
When Tweed abscondel month or so ago.
thought it was good thing, for supposed
it would put an end to a litigation which has
proved as fruitless of results as it has inter-
minabe in duration. But for some inexplioa-
BILE reason we are threatened with an indef-
mite continuance of it. Whether Tweed has
left some funds behind him for the payment of
further fees or whether his counsel have not
entirely abandoned the hope of his return, GER
tain it is that there is no abatement of their
activity, no exhaustion of their ingenuity.
Their triumph in the matter of the struck
jury, has probably encouraged them exceed.
ingly. 1t appears incredible that the prosecu-
ton after having struggled successfully for the
advantage should have thrown it away by max
ing mistake in a mans Christian name. A
panel was selected with great care, every man
on it well-known aud respected citizen, and
the chances of a fair and impartial trial were
to all appearances secured, when lit turned out
that John G. Southwick, who was the juror in
tended to be drawn, was enrolled on the record
as George W. Soathwick. The mistake was
declared to be fatal, and the whole proceeding
was quashed. So gross and inexeusable a
bunder can only serve to dispel the last re-
naming hope that the law will ever avail to
avenge and punish the peculations from which
the city has suffered. The proceedings taken
against the Ring from first to Iass have been
weak, defective and inconsequent The legal
webs woven to immesh the chief offender have
proved so utterly fiimsy that he has had nc
Ifu in
aud as for his confederates they have suffered
no greater Inconvenience than that of self-ex-
patriation. That certainly cannot be consid-
cred a severe hardship when we consider how
little advantage they could expect to derive
from remaining here after the exposure of their
crimes.
If any citizen has been saDguine el ough TO
anticipate the ultimate recovery of even a
fraction Of the stolen treasure he must by this
time have discovered how futile that prospect
is. The pursuit has proved 50 unproductive of
esults that it requires no little confidence in
human nature to assume that it was UNDER
taken in earnest If it really was meant in
good faith it is impossible to resist the convic-
tion that the machinery of law is one of the
most complicated, clumsy and useless con-
triyanees ever conceived of for the enforcement
of justice. As means of evadiug and
battling it, it works admirably. In fact the
attacking party have as a general thing been
kept OF the defensive, and the nominal de-
fendan. has maintained decidedly aggressive
attitude.
Ard now as if with view of bringing the
whole performance to a falcical close, the
bOndsmen of Tweed, with an audacity which
is calculated to excite mingled feelings Of as
tonishment and admiration on account Of its
originality and effrontery, have literally turned
upon the hunters who followed their trail and
brought an action against the whole Of them.
These suits and counter suits will last precisely
as long as there IS anybody to foot the bills.
After that they win drop out of sight and
hearing and there will be an end OF the whole
business. As soon as the Taxpayers get thor
oughly tired Of sending good money after bad,
and perfectly convinced that they are chasing
shadows, there will be a complete collapse of
the Tweed case, aud the whole thing will be by
common consent consigned to oblivion.
The quicker this happens the better The
calendars of our courts are encumbered with
causes, which have lain untried for years to
the grievous injury of the litgants. Unless
the processes of judicature can be made more
speedy and reliable the abolition OF all statutes
compelling the payment of debts would be
polite aud wise. Ia the present condition Of
affairs they are nothing but delusion and
stumbling block. If man owes another
money, and the creditor is rash enough to sue
him, the case goes in to the calendar, and there
it lies just as long as the debtor cares to have it,
ha haS M dafp 10 Of int
est.to make the postponement indefinite. He
will have no great trouble 10 doing so. Almost
any pretext will serve the purpose l am able
to state as a fact within my personal knowledge
that a case has been called in the Supreme
Court tocelCe tines-the plaintiff being ready
and anxious to go in with it every time-his
witnesses in attendance and all his prepara-
tions complete-and yet the defendant man
aged in each instance to stave it off. Man
aged, did Isay?-why no, there was no necessi-
ty for any management; so chronic and inerad-
icable is the Indifference of courts, and lawyers
to the losses and troubles entailed upon suitors
by these delays that the most frivolous excuse
for deferring an action is accepted as sufficient
1t is marvellous that the public patience has
not long ago been worn out with this wretched
trifiug with private rights. All the good that
can possibly be hoped for from the waste of
time and money which the prosecution of
Tweed has occasoned is that it may provoke
concentrated effort to reform a system which
operates exclusively for the benefit of wrong
doers. If it produces that effect, well and good.
If not, the time cannot be far distant wheE
sensible people will refuse absolutely to eu-
tange themselves in a net work from which the
chances of extrication are so desperately
against them, and over the doors of our civil
tribunals will be written ''cosed for want of
business" YARMOUTH.