The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-17
Like another morn
Risen on mldnoon.
Judge Davis and the Court of App
peaIs.

Judge Davis and the Court OF App
We regret that Judge Noah Davis has con-
sented to the publication of his opinion in
regard TO the action of the Court of Appeals
in the Tweed case. As an individual he has
a perfect right to form his own judgment as
to the legal s0undness Of the decision. AS o
Judge of the Supreme Court of the State, and
especially as the Judge whose action in the
case has been reviewed and reversed, it is, to
say the least, Unfortunate that he should have
been led to assail the higher tribunal People
are too apt in these days to attack legal de-
cision that does not accord with their own
views or crafty their own pride or prejudice
and to attribute improper motives to the
judges. Their respect for the Bench, already
seriously undermined. will not be increased
by the spectacle OF Judge of the Supreme
Court accusing the entire Court of Appeals Of
having ''fallen into q grievous error" of
shocking the moral sense of the community"
of having pronounced judgment entirely
erroneous and absurd, and one which will
he condemned 'from every point of view,
both legal and moral" Such assertions cam
not fail to bring both the Supreme Court and
the Court Of Appeals into contempt. Many
persons will not read the able and unanswer-
able opinions pronounced by Judges Allen
and Rapallo, and will not, therefore, discover
the shallowness aud injustice of the assault
thus made upon them. Others who read
those papers may be apt to suspect that
spleen and vindictiveness prompt the assault.
In either case the character Of the judiciary
will suffer
Judge Davis and all others are bound to
respect and obey the decision Of the Court of
Appeals in this case, and no railing at the
Court can set it aside. Moreover, the COM
mon sense Of the people, as well as the
opinion Of the great body of the legal profess
sion, will concede the soundness Of that de-
cision. Judge Davis should have been
the last person to assail it, since
il upholds the views expressed by
him in the first trial Of Tweed, when
he declared that the defendant was benefited
by an omnibus indictment, on the ground
that if there we're several separate indictments
the defendant, If found guilty, might be pun
ished on each, while in q single indictment,
although containing a number Of counts, there
can be but a single punishment. We feel con-
fdent that Judge Davis on reflection will
regret the interview published yesterday by
contemporary, and will admit the bad taste
and the evil tendency Of his assault on the
entire Bench of the Court Of Appeals.
THE GREAT CATHOLIC CELEBRATION yester-
day was the bi-centennial celebration in the
Catholic world Of the remarkable vision of
the Sacred Heart of Jesus that was manifested
TO Margaret Mary Alacoque, at Paray-le-
Monial, in France, on June 16, 1875. The
present revival Of religious feeling, which APP
pears to stir the Catholic Church 10 its Utmost
depths Of sanctity, finds an ample field for
development in the devotion just mentioned.
The motive for the devotion which has been
specially recommended by the Sovereign Pom
tiff seems to possess unusual attractive power
and furnishes an add tonal incentive for the
grand summons to spiritual arms that has
been lately sounded at the Vatican When
the old Church, that has withstood 70 many
terrible storIns ana ulALs, nnds HseH In
particularly distressing ordeal, such as an
incorporating PrussiAn Chancellor, for
instance, may subject it TO, il resorts to prayer
and special devotion, like the exercises Of
yesterday, to arouse its millions Of children
in its defence. The appeal can scarcely pass
without significant display Of tho enormous
power welded by the myriad children Of tho
Holy Father when their religious liberties
are attacked and trampled upon, and new
strength and vigor may be Infused into the
veins OF such great community by such .
beautiful commentator as that which took
place yesterday--the conservation Of the
entire Catholic world to the Sacred Heart Of
The Rsdeemer