The New York herald., 1875-07-18
MR.. O'CONOR'S LETTER.
Sentiments of the New York Bar on
the Tweed Decision.
THE COURT OF APPEALS RIGHT
Lawyers Regret the Action Of the Foremost
Man in the Profession.

cision OF the Court Of Appeals which relieved
Tweed from the custody OF the Warden OF the
Blackwell's Island Penisentiary. has created quite
a stir in Legal circles. The spectacle OF the ac
knowledged leader OF the New York Bar rebuking
the highest Court or this State, and going SO far
as to hint at the possible impeachment OF the dis
tinguished Judges composing IL for rendering this
decision, was sufficiently novel and striking to
excite much discussion pro and con. The inter-
views with well known lawyers which are SUBJ
joined give. from among the large number OBJ
tained, an idea OF the drift OF popular sentiment
among the members OF the New York Bar. Many
OF the members OF the legal profession OF course,
declined TO give their opinion, partly from that
native modesty which seems to be peculiar to the
New York lawyer, and partly from their natural
aversion to taking sides against either of the dis
tlnguished contestants. while others came out
openly with their views, such as they were.
VIEWS OF MR.. JOSEPH II. cHoATE
One OF the frankest and most straightforward
lawyers in New York Is Mr.. Joseph II. Choate.
who, although quite young man. occupies the
prominent position OF President of the Union
League Club. MIR. Choate's opinion, as will be
seen from the conversation detailed below sus-
tains the Court OF Appeals, and, while he recog-
nizes the pre-eminenr qualities OF Mr.. O'Conor,
deprecates such criticism as he INDUCED in. The
following is the substance OF the interview held
with him yesterday
REPoRTER-Mr. Choate, viii you kindly tell me
what you think OF Mr.. O'Conor's letter in the
HERALDS
Mr.. CHoATE-I think the Judgment OF the Court
OF Appears In the Tweed case was right and in
strict accordance with the law.
REPoRTER-In your opinion, It was not open 10
criticism or censure in any wayf
Mr.. CH0ArE-Well. every opinion Is open to
criticism from one point OF view or another, but I
don't think it is the function OF inferior Judges or
lawyers to pronounce it.
REPoRTER-what mode OF expressing such
criticism would you suggesti
AvERsE TO NEWSPAPER LITIGATION.
Mr.. CHOATE-Well, don't like TO see litigation
carried on in the newspapers. The Court OF Ap-
peals IS our highest Court isn't its Well, hit Is
its opinions must be respected, for they are nnal;
they law.
REPoRTEB-Judge Davis still maintains that his
cumulative sentence was lawful.
Mr.. CHoATE-Judge Davis Is an exceedingly
high-minded, honest and able Judge, and he was so
thoroughly satisfied that he was right that he
can't change his mind even now when he is better
instructed.
REPoRrER-Do you think the Court OF Appeals is
IN able tribunalg
Mr.. CHoATE-I tnink the Court OF Appeals en-
Joys the full confidence OF the people OF this city
impaired by any newspaper controversy.
REPoRTER-Has cumulative punishment never
been known before in this State, Mr.. ChoateP
Mr.. CHoATR-I nave given but little attention TO
the subject but IL makes no difference whether it
has been not; the judgment OF the Court Of
Appeals settles the matter az far as this State is
concerned.
REPoRTER--How about the other question, as to
the form OF writ under which she review or the
case should have been neld9
THE JUDICIARY MUST BE SUSTAINED.
Mr. CHoATE-That is a much more depatable
point than the other; but you must excuse me
from giving my opinion, as have given no time
TO IL (with emphasis). All desire TO say is that
am in favor OF accepting the decisions OF the
Court OF last resort. DON'T make any reflections
on Judge Davis; on the contrary, l think he is
one ef the best judges in this State. But be-
neve we all ought to do all we can to sustain the
judiciary.
REPoRrER-what do you think OF the hint at
possible fBpeachm ment oil the Judges OF the Court
OF Appeals
Mr.. CHoNTE oh, don't think that Mr.. o'Conor
meant that suggestion seriously tsmiling)--
think he used the language only in a Pckwickian
sense.
REPoETER-Is there any ground on which they
could be impeached
Mr. CHoATE-Not the remotest. The Judges OF
inat Court are all nrst rate men and the Court is
equal to any in the country.
REPoRrER-Do you think the opinion OF the
Court OF Appeals Is sustained by the majority OF
the Barr
Mr.. CHoATK-Undoubtedly, with perhaps few
exceptions The Bar OF New YORK viii always
defer to rue opinion of the Court Of last resort in
the state.
TINS ended the interview, ana Mr. Choave hur-
ried away TO his residence In the country.
EDWARD T. BAErLETT's OPINION
Mr.. Edward I. Bartlett, OF Bell, Bartlett & Will
son, expressed opinions very similar to those OF
MIR. Choate, hut somewhat stronger, in condemna-
ton OF Mr.. O'Conor.
al Think said he. 'that the Court OF Appeals
gives us the correct law. Such collateral attacks
upon the highest Court or the State must always
be in bad taste. Mr.. Charles O'Conor's abilities
are so prominent, and mis- opinions SO generally
respected by the Bar. that must say that was
SURPRISED to read has letter.
BEPoBTER-Mr Bartlett, then You think cumu-
latve punishment entirely inadmisslele
Mr.. BAETLErT-The Judgment OF the Court OF
Appeals Is aw-there is no DOUBT about that
Laymen as well as lawyers can understand that
when man is tried for several cri mes on one in
die tment aud tnen, on convection, sentenced for
all, he loses the privileges and opportunities OF
deience which ne would enjoy II he had separate
trlal for each O1ence.
RRPoRrER-What is your opinion OF the Court or
Appealss
Mr.. BARrLg1T-l think 1t Is composed OF able
and upright judges We are bound TO have q
Court OF last resort, and bound to defer to lts
opinions, and any attacks upon that Court by any
member OF the Bar-be he ever SO DISTINGUISHED
are entirely out OF order.
REPORrER--Wtll the public net keenly regret this
latlure or Justlceg
Mr Internationally. l sympathize
heartily with the Efforts 10 bring the Ring rob-
bers TO justice, and regret the failure OF justice in
Tweed's case as much as anybody; but you must
remember that tue Court OF Appeals mas TO look
~ nriuCiNlcS only ana not at lu0lVtdual cases.
RgPonTER-How do you regard tue suggestion
about impenching them?
Mr.. BARTLETTl don't know that it is exactly a
suggestion OF impeachment. j don't know what
Ar. OiCOnor really means by the passage you re-
fer TO.
WILLIAM A.. BEACH.
reporter called on Mr.. Beach at his once in
the Equitable Building, and questioned MIN re-
gdrdtng his opinion OF the matter.
Mr. Beach sat pcnsive for \ lew moments, and
then SAID, IN ms Impressive way
II am very sorry Mr.. O'Coner has done such
thing-very sOTrv. ] cannot consent. no KeYer. 10