Year: 1867

secured powerful influence over some OF the
courts The history of the Excise law affords
a pretty good example of the way in which tins
influence is exerted The counsel for the LII
ouOr Dealers Association told his clients at the
outset that the law could not be resisted. Not
a single respectable lawyer III New-York ventur-
ed to pronounce it unconstitutional until brewer
applied to certain judge for an injunction to re-
strain its execution, on the ground that it could
not apply to dealers already licensed until Their
licenses had run out, the licenses being OF the
nature of contracts The judge promptly
granted the Injunction, and moreover decided
that the entire ldC was unconstitutional and
wholly void-a question which had not been
before him at all And having decided point
never raised, he would hear no argu-
ment upon it thereafter. SO the Excise
law was nulIifed for six months, until the
Court of Appeals set things right


The reviewer sketches the career OF another
New York Judge whose name ne does not men
ton, nor shall we. He is understood 10
be a Jealous friend of notorious local
politician, whose name is synonymous with
corruption. A number of suits had been
brought against this politician, and action
delayed from time to time untll ue-
lay became no longer possible. Finally the
causes came on for trial before a judge from
the interior of the State. The defendant pur-
posely allowed them TO go by default, and then
applied to the Judge of whom we speak to have
the default opened Although the fraud was
evident the application was granted, with
an order for costs to be paid by the
Dlaintif 10 the defendant A bill passed the
Legislature q short time ago, the effect OF
which would have been to place in the hands
of single Judge all the enormous patron
age connected with references recelyerships'
and similar appointments. Though 1t created such
a lucrative office, there were many good reasons
why the bill should have passed. This same legal
functionary was a candidate for the place. 10
the delight of the public he suddenly appeared
as q champion of the taxpayers against the ex-
tortions of the "Rng" He issued several ln-
functions against the corrupti0nists The Cltl-
zens' Association and many other excellent gen
tlemen, became his supporters. But he did not
obtain the appointment. The injunctons were
Immediately dissolved, and he moreover issued
a mandamus, in q grossly irregular manner,
recurring the Controller to execute VIGOROUSLY
corrupt contract. The mandamus was set aside.
On one occasion motion was made before MS
honor in behalf of a man who had been I'M
prisoneJ by the War Department on charge
of fraud. WHAT he shouted, "was he put
in Jail by those villains down there y -
meaning President Lincoln and the Secretary
of War-and Immediately granted the motion.


II is n well.known fact that in some of the
New-York courts there are certain lawyers who
can obtain any motion, or any favor, wIthout
even plausible pretext. 1t IS common prac-
tice with judges to allow counsel ont OF court
TO make ex parte statements of their causes,
| in the absence of their opponents, and
virtually TO decide them before they have
heard argument. This is in the higher courts.
! In the petty civil courts the same ignorance
and dishonesty prevail but the reviewer deems
il hardly worth while to expose their condition


in detail.


In the criminal courts matters are even
worse Bribery is less carefully concealed, ana
rapacity is the general rule. Criminals are
feeced by the disreputable lawyers who are
popularly understood TO be in league with
the justices, and what with the harples
on the bench the "shysters" who under
take their defense, and the professional
bail who 60 security for prisoners in con-
sideration of fees ranging from $40 to
$50, and give them up as soon as
they have secured the money, 1t Is
not often that friendess man, whatever his
guilt, gets out of court with penny in his
pocket. For quashing an indictment on the
ground of some informality, a certain judge is
said to have received $4,000. During the war, it
was very common thing for prisoners to be
discharged on condition Of enlsting. 1t is gen.
orally understood that most of the bounty
money in these cases found its way into the
pockets of Judges and lawyers.


But we have no heart to follow the reviewer
further If we can find no way to check at
once the appalling and fast-growing evil OF
dishonest, swindling, ignorant demoralizing jul
dietary, there is small hope of future happiness
for our city. The Constitutional Convention
must do something for u.s. We must make the
bench an honorable goal for the ambition OF
the best men, and we must render it possible
for the best men to get on the bench. AT pres
cnt judgeship will hardly tempt a first rate
LAWYER. and he could hardly attain 1t II 1t dld'
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THE PRESIDENTS OPPOSIIION