New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-04-29
xrvvonK DAILY TRIBUNE SUNDAY 1888 TWENTY PAGES

ouency: of weakness on the bench ana uuiness
in the jury-box and with regard to all these
questions he packs great deal of thought into
all too small a space. Not that there is any
difficulty in understanding what Judge Barrett
thinks. for his facility in the use OF striking
and lucid English has been a conspicuous fea1-
IRE of all his judicial expressions. He means
that the rule which compels courts, Iufles'
ltigants and witnesses TO dance attendance on
distinguished advocates who have too much TO
do should be abrogated and another made that
would enable Judge to use his discretion IN
dealing with the worn-out excuse OF " an ell
poeement elsewhere lie means that our
three highest courts should be consoiidateo
"into one great tribunal with an appellate
branch Of five judges, sitting permanently
throughout the legal year." and this IS suR-
gestion Of great practical value. lie means
that the Court of Appeals, under one presiding
MAGISTRATE should be divided into two cham
hers. having regard in the division - the sun
iects of appeal, and this also is an IDEA tha'
seems excellent.
He means that the multiplicity OF statutes IS
no guarantee of judicial certainty, and that
safety does not lie in an effort to lay down IN
words for cast-iron application the great prin-
ciples of justice, and upon this subject esper
cially, in view of the efforts now beng maae
to codify the civil law, we should have Deeh
glad to read his more elaborated opinions lie
means that justice is defeated not less ire
aucntly by weak and timid judges than by un-
learned and stupid juries, conclusion that
cannot be successfully disputed lie means
that the time has come when the rule OF
unanimity must be abandoned, and he quotes
opproyingly from Presiding Justice Van Brunt
the wise suggestion that verdict should be
good when offered by nine of the twelve )lFors
if il meet the consenting view OF the trial Judge.
Judge Barretts long career upon the bench
has been so full Of honor to himself and service
TO the public that his opinions as to the best
machinery for the sure, cheap and speedy Vlh-
dication of Justice will be received, not only
with the authority of one who is a master OF the
science of the law, but one who Is also naturally
and profoundly anxious to promote what Is
good and to root out what is bad in American
life. An examination of his work impressively
shows how powerful and wholesome the judicial
hand may be when enlightened by learned
mind and guided by just one The TACT that
he is so well appreciated throws heavy re-
sponsbility upon Judge Barrett, which he no
doubt feels. II is the tendency Of lawyers, both
on and off the bench, to shut their eyes to the
patent infrmities Of the law to retain forms
and methods that the age has outgrown, and to
URIC all sorts of specious objections to changes
clearly in the interest Of the right. Few judges
could do more toward REFRESHING this tendency
than Judge Barrett, and the article we reprint
from "The Forum" is step in that direction.
But it is only a step. To render his suggestions
effective, he should present them with fnlness'
Though the subject he treats of is old, his are
the most interesting and practical views upon
it that we have seen, and when the serious need
of improved methods is considered. the time
seems ripe for just the kind of work that he
can do.