New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-05-28
,,IpppEFCT COTRT RECORDS.

| IMPERFECT COURT RECOhDo.
The methods of legal practice and judicial pfo-
cedure in this State are in some parNcui"i' 49,
| and mischieyous in their tendencies Ani' q
pecially true in regard to the otnciai fo0o,ua
legal proceedings. 1t frequently happoh' 'n
lawyer from another State goes to the cioih -
of our courts to get information 0on''
| ing an action which he supposos
rondino in that court He is amazed to learn that,
although the cause may have been lns ,.
months before. there is not in the clerks ONCE no'
on op nrbIic record any evidence of its existence
And if he inquiries further he will learn tna' 'ne
case NAV actually be tried and carried to Judgment
and the records of the court still be innocent o any
disclosures concerning it beyond the appearance "
its mere title upon the calendar, together VIII 'n0
names of the attorneys of the different parties.
II is true that the Code of Civil Procedure pro-
yides that the pleadings in all SUITS shaii 10
filed with tho clerk of the court as sooh
as service is made and if this is not done the oppoS
ing party can by the proper proceedings compel tho
denauent to do so under penalty OF having Jug
ment given against him. But practically this pro-
vision is almost anullity for it is seldom indeeo
that it is appealed to, each party beng con
tent that his opponents pleadings shall remain Ill
the seclusiOn of his attorneys pigeon'hoes so long
as the same privilege is extended to him. Even IL
the filing is compelled, it probably will not be until
months after the suit is begun. All difficulty on
this point might easily be avoided by provision
that service III any should not be deemed com
plete until the pleading served had been filed WIN
the clerk.
En- par orders ought also to be filed with the
clerk as soon as granted instead OF being taken
away by the applicants, as they are, only to DC
filed when the matters are finally submitted 10 inc
court. This may not be until long time aiter-
ward, or perhaps it may never occur. Inc present
system cannot well be defended. Service OF the
orders can as easily BIO made, under proper amend
ments of the law, by certified copies as by the orig
inals. The only serious objection that Is Oh
fered to such requirement is that, IN the
case of orders of arrest, the defendants might in
many instances be enabled to evade them II the
granting of them was made public But, if neces-
sary such cases might be left to the discretion of
the judges granting the warrants; or orders of
arrest might even be excepted from the general
requirements of the statute.
But the difficulty, whatever it might be in that
class of proceedings would not lessen the necessity
for the proper keeping oftne public records III the
other cases. When person goes. into court of
justice for redress remedy he is making by that
act a public appeals he is asking the aid of
public tribunal. The public has then |
right to know every proceeding that is taken by |
him in that public tribunal, and to know ii al once.
1t Is the same principle that which requires all
trials To be public, except where the presiding Judge
considers it necessary out of regard for public |
morals TO exclude listeners Evils result from the |
present method of keeping the records as they would
if the courts were allowed to have private hearings
There is a much wider field for collision, fraud and
blackmail operations than there would be If every
one had the right ami opportunity to learn of
all the suits pending in the courts. Er pGrte or
dcrs and njunctions, if at once publicly filed, could
not them a. now be used the private property OF
the party obtaining them. to be handled for stock
jobbug or made serve other evil purpose
before they are served. The manner in which such
orders have been used III Wall-Street by unscrupu-
lous persons is of itself sufficient why this
method of procedure should be changed. An order
to show cause, or an injunction, is very
frequently granted pdrte upon the
slightest prima fdcie grounds Ii comes
forth under the fiat of judge And it is not every
investor or business man who dscrimnates at once
between IT and an order granted after deliberation
and argument upon both sides. SO that the excu-
siye knowledge of the granting of such an order
may be put TO the worst uses. All this would be
impossible under laws requiring all papers, plead
ings and orders TO be filed as soon as they are
granted or served.
In addition to preventing abuses such require
ments would also be of great value in the prosecu-
ton of many legitimate inquiries concerning the
ligatons and judicial proceedings in the courts of
this State