New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-05-24

efficiency except for this judicial sanction Neither /,
the committees duty Of such character that they need
made before them called forth harsh comment and dam.
brook, Justice OF the Supreme Court.
II became therefore, matter to determine whether
discretion aud powers Of his elevated position know
ingy permitted, promoted or intensified these alleged
favOfsm or political intrigue, had betrayed or failed
to fifty guard, these trusts Your committee do not hesi
attractive duty They are not Of the number who ss
hasy and ready credence TO charges against those high
In authority They do not forget that the discomfort Of
the unsuccessful the resentment OF individuals, and the
anmoses of factions should not be permitted 20 control
or sway the conduct OF such an Inquiry a. the present
Neither they unmindiu that the appearance OF this
judge before the com inttee ar witness might gye se
his associates IL was however thought best that he
Judge Westbrook was therefore requested to appear
before the committee He did so 1t Is the duty OF Tho
committee ~ say that he came promptly, at their first
request, upon short notice. leaving important business
and pressing engagements. He answered with cJurte-
readiness, made many full and salts acoy expana-
ons, ana exhibited the demeanor OF an honorable man.
wen content with mis- past and present performance OF
duty In order that his testimony might be OF service 10
the committee in its inquiry 1t was found ssary TO
adopt prescribed method. The extraordinary volume
inposs bty TO call his attention to all Of them without
unreasonably protracdng the demands upon him and
without, also, resubmitlng to him the papers upon
which they were originally granted. 10 was therefore
determined to limit the inquiry to orders sp-
pointing receivers, or directing payments OF money or
appointing referees, confirming reports OF referees.
OF the orders directing payment OF money only those
ton, and Of these 1t believed that the rules govern
ing him IN granting few would disclose his methods IN
| AL cases.
This line Of inquiry seemed doubly commendable for
the circumstances and considerations surrounding and
influencing him in appointing receivers would, 1t was
believed, when viewed In connection with those attend
ING upon his granting Of orders directing payments,
illustrate his principles Of Judicial action. busy judge
may at times nnoceny grant an improyden ORDER an
honest Judge may be imposed upon by attorneys who
to deserve confidence but body OF orders ap-
pointing receivers without due for the welfare OF
the trusts consigned to their keeping supplemented by
aftI hfIT nf
granting large sums OF money from these very trusts
could never emanate from judge whose worst tralS
was excessive activity or aniaDle creduny.
| WHAT HIS EXAMINATION DISCLOSED.
The examination discoses that Of the receivers into
whose administration this committee has inquired, Jus
tice Westbrook appointed these: John r. ONeill.
cever of the Continental; Edward NewcOmb receiver
of the Atlantic Mutual James d. Fish, receiver Of the
Globe E. T. Lawrence receiver OF the American Popu
lar; and y. ID. Wendell receiver Of the Universal, az
! well as James w. Hustled. referee in the National
| Mr. WendeIs term OF Office been brief and tho
committee knows facts justyng censure Of the APP
poinnent or of the receivers conduct. The term OF
office of Mr. Fish mas al,o oeen Tic Th cana ma
bic, conscientious, and Trustworthy Dut ues-
titnte OF any such special knowledge or exc
perence as would make him peculiarly TT for ths
POSITION. The remaining appointments wheh coh,ee.e1
Jude Wesbrook himself. cannot be spoken Of with ap-
Tried by his own tets t mem I b cam
demned and If proper effort had been made IN each
~
ihcations these trusts would nave Deen "
other men. and presumably with better Results .
In hs answers the rules that governed him IN
signing orders directing the payment OF large suns OF
money from these funds OF which he was the GUARDIAN
Justice WestbrOOk also failed to satisfy me connts
He gave substantially me same eAp'hatoi 40 10 eso
Sucn explanation was that although ne might nave re-
fused To sign orders 1t would nave oeen SOM" nay na.
extraordinary have done so, inasmuch as the
counsel before him agreed that the com
orders contained anything which should nave aroused
his suspicion Is question uion when the collnIlteo
viii xpress no opinion Abstracts Of two 7uch orders
are set forth 1t should be noticed that the parties APP
pearng and consentpg represented peculiar cas- Of
confidential and ordinarily the Court may properly ~.
tach weight to statements made On DENIAL o. ,e mem
OF the court Of interior responsibility ana possessing
Nv couUarison little power authority. In such pro-
csedings as these the relation of counsel to
the receiver to tho state 10 'he uet tnnt
their agreement disburse large amounts OF Tue trust
fund can be held IN any way to relieve tue court RON
making careful examination OF the iacts upon WHICH
urh acIon is asked for This Is douby true when, as
happened in these cases, the counsel were shpy con
seutng that payments of money might be made TO eaSn
Other and TO certain appointees Of the J8tice who
| signed the orders
HIS EXPLANATIONS UNSATISFACTORY.
Mention has already been made OF two obectonAl
orders made in connection with proceedings prosecuted
| for the distribution OF deposits In the lnsur'
| once Department. These two orders disposed
! ~ nearly $4,000. No benefit whatever ac'
crued to the fund from these proceedings.
These orders and Others like them have not been salts
| f4etDr
ever can be. Ii is the commuters opinion that inc
Jndge who signed them forgot the Obligations OF pig
oDnei7ion lie was a Justice of the supreme Judicial
tomrt our highest court OF original Jurisdiction Inc
nJical system in part embodied in hlm Is an integral
Lament OF the civil pOlity or an imperial state The
erros and msdeeds Of important an Official III such
community scandaze the Nation aud depress the friends
of nubIc morality home AMI abroad Inc funds CON
gned to receivers and disposed OF Dy THESE orders
held 10 trust dHey %ere p1p mneeS a1d
which il was the duly OF the Court to guard against
incnrsions In our chief city enormous interests
| olltd
those wrecks the integrity OF whose administration ana
me nerpetulty OF whose establishment depend more
argeIy upon judiciary of lofty morals and unbendng
rectnde upon any other resource through al mo
land is scattered an intelligent oDseryant anu cautious
boy OF confidence and favor are essential
10 the continued prosperity OF these corporations ana 10
Tie further Development Oh the principle underlying
thS M tal in such circumstances justified
in repeatedly signing orders tAat WIN nor stlnu Tue tese
If close Inspection. although they were consented 10 ny
Inosr among whom the money was divided 10 say that
consent relieves the Jude from responsible and at
trntiXe action assert an unworthy ana tOeraOe
conception OF the nature OF the dicla iuhctos ana AZ
II "a trne thai the counsel described by the
dsrnliehed witness lespecaOe IT'S true that they
wrre members OF profession when Doiss Jay anu
~oiS annng ia dead OCOnOr and an Eyarts among
The living But that profession VIII reject WIN h9lSha-
ton the standard OF Judicial conduct hsrs 40. G
AmonS tne scores and hundreds VI orders signed ny
thIs udg he might well have erred ID many instances,
M tho circumstances surrounding orleis lotDlu SO
Lantern and SO desirable Judgment lie was actlhs Ia
matters with which he had long Deen ailnar' ne "as
LINZ wirh men had come be ore MN Win ef
traodnary frequency. The pseudo-actuarlai WORK OF
urd and Of Lawrence was a ninsy ,I va deyod Of
hnnc,t enmlIy These facts were known to those who
apneared before Inn. Unless ne was strangely DINA
| thev must have been known 10 HIM
| the committee feel forced, therefore, 70 say
nat the judicial methods and attitude Of Mr.: JUS
| tice WestbroOk have aggravated and intensified INC
| waste attendant upon tne MANAGEMENT OF the trusts
nic6 ,hey nave examined IL Is jdst TO record thas
IN re no disclosure of venalty or corruption, direct "a
id.ct but the evils complained of when leo 10 the APP
ntment Of the Committee due, IN their opinion 10
eosyncrasier OF tnis Justice AS wen as TO the wees OF
n systenl The greet OF lnterVehers tae aVAce Vi re-
ceivers and their counsel the rapacy OF actarSs esn
t hold and constituencies eXtortons OF standing re
20 would M. have vain and cfectua In the pres
cS of a tribunal at once diguined, vgiant ana Impair
tai. 49,. $500. sorarai rap,adies
The committee in conclusion suggest severai renico
| of tine deposits Of the Insurance department ms