New-York tribune., 1886-05-14
THE ABUSE or INJUNCTIONS.
REPORT ON THE CASE OF JUDGE DONOHUE.
BLAMING The SYSTEM, NOT THE MANTLE AS
sHMBIY COMMITTEE URGING INVESTIGATION.
tnY TIL rGn APiI To LIE TRIRuNK.l


sHMBIY COMMITTEE URGING INVESTIGATION.
1Br TELEGRAPH THE TRIBUNE
Arn.Ny. Nav l3-The following is the report oil
tbe Assembly judiciary Committee on the charges OF
the Bar Association against Judge Donohue:
The Committee on the Judiciary, to which on May 8,
the memorial of the Bar Association OF the City oi
| New-York with the papers accompanying the same.
ocetber with the supplement praying for an nvesti-
eafion of the Judicial conduct OF the Hon. Charles
Donohue referred respectively report tha' at an
! early moment the committee took under advis-ment
tbe several specified charges set forth in the petition
and has ri EN- them careful and conscientious atcn-
| ton I he committee has Deen greatly aided In IT'S
| redcction, by the able and candid arguments of the
| Gentlemen who have addressed the committee IN 90
half of the petitioners and of the respcndent. WIN
regard to the allegations in Il initial portion OF the
petion 10 the effect that Judge Donobuc has grossly
abused his powers justice and been guilty OF nuiner;
ous wrongful and corrupt acts IN his sald once anu
that he has granted 10 corrupt anu powerful classes
| and to favored individuals of such Glasses sometimes
for months virtual exemption from the law ano has
naralyzed the officers who charged with the sup
rr.sson of crime and has brought the administration
of Justice into contempt by making II apparent that
Influence and not Justice controls his actions The com
mtee is of the opinion that they are unsupported oy
the sp. cic instances cited by the petitioners The
expression was cordial on the part OF all the gentlemen
who appeared before the mmittoe in absolvne Judge
Donohue from mercenary motive or intent IN the
performances of the judicial acts specifically set forth
| in the petition. The committee has not been con,
ynced from the best information so far furnished
either by counsel or from the papers submitted, that
probable cause exists believe that Judge Donohue
has been guilty of nal and corrlpt conduct IN Oibce
or OF high crmFs and misdemeanOrs within the accept
ed meaning of those terms as defined by our highest
tribunal in either of the following cases, VIZ III the
matter Of the escape of John Jourdan. in the matter
of the discharge of Adolph 1irsct in the Mandelbanm
cases in the OF the Kansas Pacific Railroad Com
pany against Jay Gould and Russell Sage, In the case
OF Marie against Garrison in the case OF Folly against
Rahbone and Mallory against Dudon.
The rema ming cases of ALLEGED Official misconduct
are twelve in number They cases of inJ0ncions
restraining the police from making arrests. They ex-
/ nd a O
order was granted in 1850 the last IN January. 1886
The frs four TO restrain arrests for bookmaking
one of wi ch Incuded pOOl-seng at certain races snd
at a walking match. The fifth was RESTRAIN arrests
for baseball playing on Sunday he remaining seven
injunctions to restrain contemplated ar
rests for violation of the excise law. In those in
stances which constitute the gravamen OF the case
made aca nst Judge Donobue by the petitioners. the
committee hesitate TO that he has been acuated
by an intentional violation OF du'y. to The prejudice OF
public Justice reckless exercise of his functions
Indifferent a. to whether what done was right or
wrong While the granting o the injunction orders IN
the above cases may not oil be within the foregoing
defnit ions of " NAL and corrupt conduct IN ONCE so
lar the testimony before tue committee extends
nevertheless their frequency and the crcumsia ces
under which they granted seem ~ such question:
able propriety. both in law and i'll TACT that iegisat-
i've inquest by a committee with competent authority
seem. 10 the committee desirable il not imperative
Judicial discretion is nowhere so llnch abused both
bv the bench and bar as in the grantf oi what Is
rightly called the eXtrao dnary remedy of injunction
Original records produced before the committee
of upward of hundred cases IN WI lch Injunction
orders had been granted by the different judges oil
New York City, many Of them thoroughly analogous TO
the out in the petition of the Bar Association
ana many as open To crilici>m and censure Alnsion
is unnecessary to be made by the committee to cases
still fresh in The popular mind of papable usur
patton of power through the agency Of lnJunciion
orders in the City OF New York. Ihe concn-ion Is
rresl lsbe the committee that the selected by
the petitioners charges of judicial misconduct Oh the
part of JUDI DonOhue seem 10 be only poruon oil
practice that universally oblain among the bench anu
bar of New York. and which scarcely seems incon,
gruor with the prevailing professional ethical and
legal standard IN that city.
With a view the refore of obtaining information re-
ating TO the set forth and al eyed III the peu-
on aud the supplement thereto, especially the cases
in which injunction oIders were grained ana win
view TO legislative action ard defects in the
law OF procedure relating to inuncions In Newly ork
CITY 50 far as tLey affect public officers. the commit
would respectfully recommend legislative inquest
by committee clothed with ample authority 10 make
full and searching investigation into existing abuses
in the premises and 10 report remedy that may lend
to prevent their and therefore fecommnd
the adoption by the Assembly OF the following rcsoiu-
ton:
Re solved That the petition of the Bar Association of
New York and the supplemental petition thereto and
all the papers accompanying the same be referred to
a standing committee OF the Assembly ana that such
committee make inquiry aud Dvestlga ION concerning
any or all OF the matters therein. alleged as III its
discretion it may teem proper; that said committee
also make inquiry aud investigation concerning the
practice of ssuins nlunctOns IN the diGernt courts
and by the different judges IN the CITY which directly
affect the action of public officers. and the abuses coli
nected with such pract ces SAID comm tiee is hereby
authorized conduct such inquiry and investigation
and take testimony therein al such place or places ana
such times AS it may deem convenient aud proper
and said committee is hereby authorized To send for
ersons and papers and to report by bill or Otherwise
in discretion and shall file It's Iepcrt with the clerk
of the Assembly or before the first day OF Septem
her 1856 Said committee may employ senogra
pher the rate not to exceed 20 cents per folio and
may require the State printer to PRINT It's report aud
is hereby authorized to employ counsel.
Four OF committee. Messrs. Cole. Arnold, Babcock
ana Howe favored making report and the seven
remaining mbers OF the committee Messrs- Baker.
Westfai Van Ae0 Greene, Cantor. Chase and Connolly
OF the opinion that nothing bad been proved
against Judge DonohDe. All of the committee were of
the opinion however that there ought to be an inves
cation OF the granting OF Injunc ions by all
the judges in New-York The report was
unanimous In this respect and also that Judge Donohue
had been guilty OF "ms or corrup conduct in Office
OF hign crimes aud misdemeanors'
Mr. Lyon. OF NewYork. moved that the Judiciary
Committee should be 10 make the INV esllga
they suggested of JudgelDopohues conduct and of
the Issuing Of injuncions by nun and other Judges The
motion a long debate The members OF the Judici
airy Committee frankly confessed their desire to make
Investigation This de'ire OF their, Was denounced as
"indecent" by Mr. AInsworth and Mr. Hamilton. Mr.
Erwin. Mr. Ba;chel er and Mr. McCleand were alarmed
the large powers propofcd 80 bc granted 10 the
Wholesale investigation as was authorized by the bill
Mr. kruse moved that the report and resolution be
printed and made special order for morn
ng General Batcheer moved that the report be made
Judiciary Committee. protested against ths postpone
ment OF action upon tho report Mr. Erwin SAID tnat he
wss Contemplated BY the restitution Of tho Jaiicary
Committee The rcsou ION involved lar number OF
Judges In Ncw-York. lie would support such a
Wholesale Investigation.
Mr. Batcheller Withdrew his motion to consider tho
resolu for invesLgatiOn OF judge DOnohue
Monday "a substitute ed Tomorrow morning This
ton defeated by vote OF 43 TO 80. The Assembly
tben settled ~ the resolution. The
members OF the judiciary Committee pressed us adop
ton There rising tide Of opposition u sucn "A
wide Investigation. however as was authorized by
Mr. Erwin said that the investigation
gested by the judiciary Comntee would cast $4,000
General BatcheIer said that the report eIoneraed
Judge Donohue. Give us an investigaton. he said.
but not by jury that stands ready to acquii-"
resolution to authorize the Judiciary Committee
10 make an investigate defeated by vote Of 27
g. The report Of the Committee adopted
Assembly adjourned
REFUSING TO CONFIRM GEORGE ii. STERLING.
ALBANY, May 13 lSpecidb.-Senator Worth.
chairman OF the Senate Committee Commerce and
Nauir.,i.u .nlnitted Nm ahxnrs. rannr, ....o