New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-08-02
THE McCLELLAND BOWLING CAsE-MOTTON FOR
A WRIT OF MASDAMUs DENIED.

The PeOple eJ rel James d. McCLetdnd aRt'
yoIsEn cb Mr. GcCsand claimed that justice bowling
had Illegally excluded lin from Praeticng IN the Court
ndges Of that Court Mr. justice Cardozo OF the SUI
preme Court Special Term denies the not9n, on the
H. believing Judge Dowlngs intentions 10 be goOd ana
that the relaor has not shown formal dsDang OF 9t
tempt 10 disbar by the response The following Is the
main portion Of the decision: -. f..
II isyery well settled In this stao that mandanus
but that the converse OF that Is not invariably I1e
Therefore although except oy tast TT p may may IL
should issue but the application or II Iests ia tne SCUM
cnrdn9 a. the Issuing or Withholding II will best promote
The ends OF Justice Guided by these simple rules there
can p tba no mandanus should not issue The case fails
TO disclose any personal maevoence against the reaor
bnt yery clearly shows that Mr. Justice Bowling and his
associate Mr. Justice Kelly have long SGT themselves
against system which has become 80 notorious that
ten which drives many reputable lawyers from
courts which formerly were graeed oy tne i9 Wda
mans the Grahams, the Bradys the Blunts the sand
ods and the oGoPors o. cur sss bS
who feel that the class against whom the actoh OF ing
conrts into disrepue Until this shameless conduct shall
cease and the dsreputaDe practitioners are rom
caISed With crime before the inferior criminal tbu
mails unless as trust will be done the legislature adopt
The 10Th Instant shall Interfere and provide for the EN-
ployment by the county Of some reputable lawyer 10
protect that unfortunate class OF citizens Just as we
now prOtect the rights Of the rest OF the people OF the
State, by employing a public prosecutor II, IN
efforts directed against system and CLASS 10
guard the practice of the profession against the an
worthy, innocent individual should occasionally s9ner
temporarily, 10 Ia 20 be deplored but should hesitate
very long before attempting 10 control by mahdamus
the action Of magistrates who even II II be CONCEDED IhR
thew have exceeded the strict limit OF their authority are
acting highest interests Of the profession ana te
public and the greatest communication ana sup
port. think sound judicial discretion demands tna
without passing upon the question OF power IN the court
below should say that will not interfere In tn extra
ordinary remedy believing that 1t is better ior the pun
lie that some temporary inconvenience anu loss S
than that purposes 30 worthy should DO az
ali thWarted by the action OF this court; es'
peolally when / can say, as l DO 10 TINS TeiatOr,
mat Il have confidence that when on proper Occa
son his rights are presented to the magistrates they Will
he fully respected without the necessity OF any inerposi
lion by this court THIS court should not issue for trhnR
reasons refusal to listen 10 the relator In single
cannot be regarded as dlsbarrlng him, and
therefore, would not Justify It, II might DC mere eDnl
iIt,on OF temper from which human being Is exempt
engeDdcred perhapsDy some temporary circumstance or
feeliDR for which writ OF mandamus w0ud be very
inannToprlae remedy. Even II the remarks attributed
10 The Justice made by him. am not al hDery 70
sav that when the reaOr duly some proper occasion
when be has business emitting him 20 IT, ASKS recognition
OF his license 70 practice It Will not be accorded 10 n
4 a RIG 10 tlhL "A mAglbuhN WILL NOT