The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-04-29
The Democratic Ticket 70. inc Court
of Appc.,,s.


The name of Sh;xroap f. Crunch Ia the
strongest thai can be presented to the De
mccra'Y :, New York for any political Office.
As a candidate for Judge. however, Mr..
CuuRCn is not so available us some other
prominent Democrats. He is q politician
and statesman more than lawyer. At the
hast Democratic National Convention he was
xealously supported as candidate for the
Presidency and he still has right to aspire
10 that office In this fact lies the secret of his
nomination for Chief Justice of tho Court of
Appeals 1t is desired to get him ont of the
field, 20 that mon of much less value eau
monopolize all the chances.
This ticket shows that the great rail.
road corporations have got control Of the
Democratic party to an extent not generally
suspected. What will the opponents of rail
road monopoly think Of the nomination of Mr..
CuAs A. RAPALLoH lie owes his place upon
the ticket TO the circumstance that he is con-
nected with the railroad corporations of
which Mr.. CORNELIUS Vanderbilt 10 the
owner. The fact that the great railroads
been known hut it now seems TO be pro
posed TO subject the highest Court of the
State TO their influence. To this cause we
may also attril ute the nomination of Judge
PECKHAM on the ticket of this Convention.
II would seem that the railroad managers
might have been satisfied with having Mr.
SPENCER, the former partner of Mr.. RAPAIIo
In railroad suits, Oh tho bench Of tho Superior
Court of this city, and with having arranged
for the nomination of Mr. II. w. ROBINSON,
GEORGE LAWS counsel, for the Court of
Common Pleas Mr.. THOMAS c. FIELDS, q
servant of the Iammany Ring and q dele.
gate in this Convention, lately proposed to
pass q law limiting to $1,000 the amount
that any human being injured by the care
lessness Of q railroad could recover Let
those who arc exposed TO the recklessness Of
railroads consider how these powerful corpora
tons are getting the people under foot, and
pause lefore they vote TO place upon the
bench Of our highest Court any man who is
identified with this encroachng interest.
A market place upon tho ticket Ia that
filled by the name Of WILLIAM +. ALLEN Of
oswego, In selecting Judge ALLEN as q
candidate the Convention was perhaps gov
erncd by the views on constitutional law
which he eXpr, sscd in tie celebrated case Of
LINDENMULLER, which may lie found In the
thirty-tlrd volume of Bartour's Reports
LINDENMULLEn kept garden in this city
where q kind Of theatrical representations
were sometimes given on Sunday lie was
trio,l for violating the Sunday law, and was
defended by JAMES +. BRADY and HENRY
l.. CLINTON. His counsel contcnded
that 80 long IA LINDENMULLER con.
Quoted his business in an orderly manner,
doing nothing to produce + breach of
Iho peace or 10 disturb his ncighbors, he
had q legal right to give such exhibi-
Hons, and that it was purely matter OF
hsto and conscience with his auditors
whether or not they should attend them
They argued that the law under which he
was indicted was nconstitutional-a viola
hon of that provision Of the Constitution
which provides that "the free exercise
and enjoyment Of religious profession and
worship, without discrimination or prefer
enee, shall for ever lie allowed in this State >
They cited the case OF NEWMAN in tn,
ninth volume of the California Reports, II
which II was held that similar act was I'm
constitutional and violation of religious
freedom, because II enforced the compul
sorry Observance ofa day held sacred by be
hevcrs in one religion, thus discrIminatl n,
IN favor of that day and that religion. The
also showed that Judge CoMsToCK, one Q
the first jurists Of the staIc-who, by tn
way. was rejected az q candidate by this Cor
vention-had decided that the LeGislaiur