The New York herald., 1873-10-02
WANTED---h CHIEP JUSTICE.
Judge John r. Brady on the
Conundrum of the Hour.
Is It To Be a Judge or Is It To
Be Politician?
A PERFECT DANIEL.
Comments on Charles 0'Conor, VIM N.
Evarts and Noah Davis.
THE KEY TO THE SITUATION
Conkling's Chances Ringing on the
New York State Election.
WOULD HE GIVE SATISFACTION?
What the American People Expect as Right,
Nnf To
THE KEY TO THE SITUATION
Conkling's Chances Ringing on the
New York State Election.
WOULD HE GIVE sAT1sFAcTIoN7
What the American People Expect as a Right,
Not as q Favor.

erally snow warm sympathy LOT the opJectS That
fire the popular heart; but if there be one thing
upon which the people and their dispensers of JUS
tice are In warm unison it is the Impatient desire
for final solution of the great question, ''who
shall be the Chief Justice OF the United States S''
This desire has repeatedly found expression In
these columns, and, in order to add the views OF
an eminent judicial officer OF this city to those
already published on the subject, HERALD re-
porter called yesterday Judge John r. Brady, OF
the Supreme Court, at his private residence in
West Thirty-third street. The Judge is gentle
man, with fine, intellectual head, and an open,
sympathetic coun ntenance which is generally lit up
with that kindly, humorous expression that speaks
of his love for human kind. Though OF genial
turn, 1t took all the persuasive powers OF the
HERALD representative to induce him to give
his opinions for publication. Having, however con-
sented to submit to the interviewing process, he
took to 1t kindly, and, unlike some unevenly
balanced persons who become stilted and
measured in their words when in danger of being
immortalized in print, Judge Brady did not at all
seem to imagine that lorty centuries were looking
down upon him, but expressed his views in the
usual manner OF private conversation.
The herald reporter opened with the remark
First. should like to have your opinion Judge,
the qualifications necessary Tor Chief Justice of
the United States.n e.
gentleman selected for the position is that he
should be sound lawyer. quite familiar with the
decisions OF the Supreme Court of the United
States ana having, as the result OF varied ex-
perience, some acquaintance, at least, with the de-
clsions OF the OF the different States of the
Union. He should be a man OF comprehensive
views, and, If may use the expression, large
grasp Of mind. Decisions OF the Supreme Court or
the United States are to great extent, If not alb
solutely, perpetual on the questions considered
and disposed Of Wnen the Supreme Court OF the
United States makes q solemn adjudication of
principle 1t becomes binding upon that Court and
is regarded as authoritative In other courts, al
though they may not always adopt the conclusion
arrived at. Hence Chief Justice OF the United
States, as, indeed, every judge, should be en-
tirey free from such strong political preju.
dices, bias or tendency would in any
way affect his consideration OF any case political
or otherwise. 1t may possibly be difficult to find
this quality in who would be regarded as
sufficiently distinguished in his profession 10 be
selected for such high place, because 1t Is
A CHARACTERISTIC OF THE AMERICAN PEOPLE
that they have strong opinions on all subjects,
whether they have sufficiently investigated or not.
They do not hesitate to express themselves when
ever the opportunity occurs. Thus quality which
is individual to great extent in other nations
may be regarded as collective here.
REPoRTER-Do you think, Judge, that man who
has been partisan In politics can be impartial on
the bench?
Judge BRApY-No person should be chosen for
that place unless he is q man OF sterling integrity
and possess IS the attribute to override all party
considerations and entertain no doubt about
man Of integrity being able to leave the rosrrum
to take his seat upon the bench and to render his
politics entirely subservent to the discharge OF his
judicial duties.
REPoRTER-Charles O'Conor has been suggested
for the Chief Justiceship. What Is your opinion
Judge. OF his qualifications?
Judge BRADY-As regards Mr.. O'Conor think he
is emlnenty qualified for 1t, but doubt very much
whether he would accept. No one has doubt OF
his capacity for that place. | regard Mr. O'Conor
one OF the greatest, II not the greatest living
lawyer to-day, not only because he possesses
q legal mind OF astonishing power, but because
OF his extensive and varied research his thorough
apprehension OF legal niceties, his comprehensive
handling OF intricate legal dogmas, his ready ap-
plcation OF legal rules doctrines or principles to
any case 10 which he devotes the energy of his
mind. l am, however, inclined to the opinion,
from what have heard and what have read, that
Mr.. 0'Conor's politics would be an insuperable
bar to his appoin ment, although 1t Is my convlc-
ton that the person appointed should be selected
without reference to HIS political status or bias
Ana here let me observe that whoever is selected
for that place will be O man. and will doubtless
have some OF the innrmities OF men, and. therefore,
may not reach that standard OF perfection which
some OF the gentlemen who have expressed their
opinions have marked out as to the proper person
to be CHOSEN. have no memory OF any
ABSOLUTELY PERFECT MAN, EXCEPT THE SAVIOUR.
REPoRrER-What do you think OF William NJ.
Evarts' qualifications for the Chief Justiceshipp
Judge BRADY-Mr. Evarts is gentleman possess.
ing, IN my Judgment, the necessary qualifications
ior she Chief Just,ceshp, Il 40 not mean howsye1
man selected Tor that place would not require
some experience in the Court before he would be
aayl xt~ arta nf nnr Vrnf
view, think. would be appreciated by Mr.. Evarts
himself, every member OF profession requiring
some experience before he can become master OF
REpoRrEe-There have been lately some startling
N s for a
the coming New York state election2
Judge BRADY-I do not claim to be prophet in
my own land, but
AS THE WIND Is BLOWING,
1t seems to me tnat there is much force in the
suggestion already put forth by the HERALD
that the appointment of any other than
Mr.. Roscoe Conkllng to that place Will
pa in on tns State @ the OF somns s
election. l do not believe that Mr.. Conkling will
resign as United States senator, which he would
place open to democratic success, and this
perhaps is the cause OF the delay in the selection
publican party, If they control Mr. ConSng or that
that gentleman himself would yield the position OF
cnance about the selection OF q republican sue
cessor. II the democratic party should succeed in
carving the state and getting majority on Joint
ballot it Is not likely that Mr.. Conklng would re-
sign, and In that way give to that party the oppor
tunity OF selecting democrat as his successor
And herein lies, doubtless,
ThE KEY TO THE WHOLE SITUATION,
as far as Mr.. Conkling Is concerned.
RErORrER-Do you approve Judge, or such
course, which would make the appointment OF the
highest judicial oicer OF the United States subser-
went to the success OF political manGtvreY
JUDGE BRADY can only repeat what l nave
already said, teat in my judgment, the selection OF
q Chief Justice should not be subservtent TO any
political consideration. He Is judicial olcer sup.
posed TO administer the laws or the land WITHOUT
the Intervention OF a single political clement un
less IL necessarily forms q mart OF his JUDGMENT IN