New-York tribune., 1882-08-14
THE COURT OF ARBITRATION.
ATALK WITH JUDGE FANCHER.

TALK WITH JODGE fANCllEh.
NO COSTS, 80 APPEAL, NO LAWYERS, NO JURY AND
NO rRIAL-RooM- DECISIONS WHICH USUALLY
END IN COMPROMISES.
Judgc Enoch L. Fancher, of the Court OF Arbitra-
ton OF TINS State, has beautiful old homestead at
Newburg which is the country residence OF himself
and the Two Young nleCcs VINO constitute Ills ldlIlly,
but he usually spends fortnight or TWO
With them at the seaside. Long Beach is
his fayorIte resilg-pace. lie was encou1-
lered there recently Dy TRIBUNE reporter, VINO
after time turned the cOHNcIS&tOu W lOCdIlS
You manage, Judge, to conduct your coqrt so
uuictly that the public forget thas you hOid one
Why is thati asked the reporter
"Iiv court is a curious one III many respects, not
the least Of which is the very feature you inquire
about" the Judge answered. -,
ltIsa regular state court, IS II not 7
"Oh. YES court of record, whose judgments
can be enforced like those of other courts. 1t is
moreover court OF maj resort. lls ueclslons call
not be appealed irom'
lis there no appeal whatever
No and That regard a defect Of its Organiza-
tion If had had any ythiug 10 Go with the lcglsla-
tion which created It my judgment would have been
against that feature and my experience as Judge OF
the court confirms me III the behef that no one
mans judgment ought to be held as final IN matters
involving large amounts Of money, and sometime!
the quesuan OF yeraclty as between merchants OF
unquestlOnable character"
How docs tue Latter question arlsci"
As il is Court of Arbitration, men come to 1t
10 decide on matters Of verbal contract i'll which
there Is no testimony other than the different state
ments Of the two litieants. Sometimes lt has hap
pened twice with me- these statements are radically
di1ercnt-uIametIlcally OppOsed-and made by men
Of standing and fairness, each confident that ne Is
in the right 10 decide at All would be 10 declare
one or the other to be untrutnfu la the TWO cases
| allude to have refused TO decide 9fer heaIi ng
aud have told parties to the To go TO jury.
A iury NAV disagree such "a question, but am
hardly numerous enough 10 DIVIDE on such an
ISSUE 1t is "A satisfaction to know that III one OF
these the ADVICE 10 20 10 jury Ecu 10 QUICK
| and sensible compromise.
As there Is no appeal are not your decisions usu-
| ally followed by COMPROMISE settlement Z
| " Yes. 1t Is IN tins sense properly called Court
| OF Arbitration. settlements almost always follow
without lurlher cost or delay. sometimes parties
| TO actions Tor a Tenearng which Is the nearest
| approach there Is To an appeal"
| " Is Il TehcaIIng maze compulsory ~
| "Oh, no, but never refuse one"
" DO you ever reverse YOU sell |"
| "Aot often" sild the Judge, with smile. |
lately mad before me the officers of two of the prn
cpal commercial eXchangesaDd they presented heir
| facts and argued their cases with great ability
! though they wcTenOt lawyers. ATehearng as asked
bV lie DEF, atcu side, ana the Whole was gone
over again with the result except that the de-
feated man admitted that his ODp0nenCs argument
| and my opinion III the case had changed his mind
| " DO lawyers practice much before you y
No they do hot like 10 BRING cases before me fol
two reasons. One Is that they get no costs III my
court and rs part OF the taxable costs usually -
TO the lawyers they prefer the other courts. lhcI
| there are lew cases which brought 10 trla
| where lawyers DO not prefer Jury tTlAls, ana ",
| have no lures in my court. Occasionally Doll
| sides are afraid vi "A jury, and then the lawyers
| come before me. lhe IndlspOsiliOn OF lawyers u
try cases in my court because thoy get costs anC
| have no appeal, Is what tends to naks II "A quIel
! one"
| You usually sat in yoar own law chambers dc
| you noT
Yes. The court has no local habitation. thousi