The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-07-22
Mr.. O'CONOR'S LETTER.
Views Of Lawyers on the Issue Between Him
and the Court Of Appeals.
SOME UNFAVORABLE VIEWS.

wishing to place before its readers the senti-
ment Of the New York Bar on the arralgnmenL
OF the Court OF Appeals by Mr.. Charles O'Conor
on the guestIen OF its reversal OF Judge Davis
decision IN THeed's case, innicting cumulative
penalties upon hin on his conviction on several
coun's in one Indictment, the HERALD yeste day
sent It's reporter TO question such legal lights as
could be found in the city. Their responses will
be found below.
VIEWS OF Ma IRA suAFER.
Mr.. Shafer said that the Court OF Appeals should
Issue an order reLarnaOle on the openIsg OF the
court IN September next, directing that O'Conor
ana DAVIS should answer for contempt OF court.
They should be daed AID imprisoned, for II is the
grossest insult ever offered TO a court and they
shonld be made to suffer al cannot" said Mr..
Shaler, understand what could iRdnce man ike
O'Conor to do such thing, unless 1t be bitter
ness. He tried, certainly, TO make bad law for
hard case, and, not being a3le to succeed, ne
lurls his Venem at the Court OF Appeals"
REPoRTER-Do you think the Court of Appeals
will 40 ths9
MIR. sHABER-I do not see what else it can do;
II FAUST yindicate Itself. These men have cast an
imputation upon IL, and such things are Liable to
weaken the faith OF citizens IN our nigh tribunals
REPoRrER-Do you know precedent?
Mr. SHAFER-Yes. sir; Judge Davis himself es-
tabIished it. During the Tweed trial some half
dozen lawyers OF this city drew up and handed
him paper, requesting that he yacate the chair
and allow the trial to go on under some other
Judge. Judge Davis spent whole day in lectur-
ing these gentlemen upon their awful crime said
1t was contempt Of court, and fined some OF them
$3.50 each
RgroRTER-Tnen you think the Court OF APP
peals should fight with the same weapons
Mr.. SHAFER-i do. and unless these men are
made to answer for this, the grossest contempt OF
court l ever knew, believe the Court will GER
tatnly lose caste.
REPoRrER-what do You think Of the Judges OF
the Court OF Appeals?
Mr.. SHAFER-I know them all, with one eXcep-
ton, personally, and / know them to be able,
honest and upright men, and it is net for such
lawyers as oConor and Davis to dispute their de-
cislons.
REPoRTER-But Mr. OUonor is considered the
head OF the New York Bar
Mr.. SuAFER--Once he was so considered; doubt
If all lawyers think him so now.
REPoKTER-Is it not the general opinion OF the
Bar tina. the Court OF Appeals. was right in It's
rungY
Mr.. SHAFER,-An honest lawyers must think so.
II rs our highest tribunal and II faith it Is once
weakened we might as well give up 1 consider
this Court OF Appeals the best we ever had
HON. STEWART L. wooDFoRD's VIEWS.
q query, said :--"Wnile I have read beth
the opinion of the Court or Appeals and
Mr.. 0'COnor's letter 1 do not feel myself
competent to express any decided opinion
either TO the soundness of that opinion as to
the justice of Mr.. o'Conor's professional criticisms
upon il. The subject is TOO grave for an ofrhand,
nLconsldered answer to your question. The Issue
Is between our Court Of last resort on the one
hand and the long time leader OF our Bar on the
nitig
should reflect carefully before they. attempt
hastily TO decide on such an issue. believe that
the Court Of Appeals is composed OF able iursts
judgment, but l cannot believe that such error
has been other than the honest and faithful dis
charge OF their duty as they understood it.n
MR. JOHN d. TOWNSEND
answered the reporter's query thus:-'T suppose
Mr.. O'Conor's letter IS good one, IL ought TO be;
1t is long enough. l think the action OF the
Court Of Appeals just. 1t is our highest .tribu-
are made Of the Bar should respect their deci-
HiOus,"
DEMONSTRATION you do not agree with Mr..
O'Cenor in his argument in the Tweed case
Mr.. TowNSEND-Certainly not; but | am not
Mr. 0sc the aCon Of Se
court ana upnolds Judge Davis action.
One so insignificant as am can hardly express
an opinion without presumption, but IL strikes
ME that II so great man can commit rash and
Imprudent act his is one, for IL calls In question
the decision OF a tribunal to whose decisions we
bow as Eastern devotees TO an IDOL. Never, as
jud ment. has fhefc been an ADLER or more up
right Bench than the present Court OF Appeals.
charge against the integrity OF the Court; AL /
though adtrectly made, and 1t is simply rldicu- !
lous. think, IN caner mood, he will regret !
are eXaTesslon OF such sentiments on his part.
Mr.. 'Jouor's whole aniinus is that he ADVISED !
the mmencement OF the suits in the name OF the
people " the state of New York against Tweed !
and Others. when any layman VINO ever read the |
State constitution could have told him there was
no sue power vested in the sovereignty OF the
State TO take away penny o. the moneys belong |
ing 10 oc stolen from any me mber Incorporation |
or city government; ana no act OF the Legislature
Gan lgg atze that whch The Court of Appeals-the |
tribunal OF d6TiCr TeSoTt-has declared 10 be HE
gal llr. Charles O'Conor mas eeen transfxed |
Through the heart of MS vanity by hls Qutxoto
Governor Tlldon has thorough confidence In the
Court Or Appeals. lie knows it is composed OF
most abe and pure men. He l. candidate Tor
the Presidency. lie may win. 1t ls doubtful. lie
will not aspire 70 alTaien himself against the
uR versal sentiment OF the Bar and laynsn, which
ne VIII arouse If nc attempts 70 lay violent hands
on the tribunal TO whose DEGREES they row with
unIaltevtng belief end confidence. think IN the
great mind Of Ncah Davis-ons OF the abest and
purest judges that ever ved-there was unques-
tonaby doubt as TO the validity OF tic sentence
Of Tweed der cumulative counts IN one lndct-
Tnent. Untl his decision was reversed by tho
Court Of Appeals the Bar reneraly deferred to his
believe chief Justice Church 10 be corrupt
man
Among otner lawyers visited by me HERALD re-
answer % tbe request Tor mis- opinion h said
40 sit in Judgment on CBares O'Conor is an Inn
portant matter lie more than any one else
earned the brightest rri1o Tor overthrowing the
Tweed Rug Stil Iaere IL q limit beyond which
even Mr. O'C0uOr may not pass. He, like other
professional! rcn. should bow TO the majesty OF
the courts az the interpreters of the laws OF the
land. The Court OF Appeals is composed of some
of the most eminent and pure men in our proes-
sion. 1t IS rebellion against the constituted au-
thortleS to threaten Judge IN any
way Tor decision rendered, unless his
decision Is clearly based upon improper motives,
which is not pretended here, l think.
It. would be setting a bad example to the rising
generation II each lawyer should SIT In review or
each Judge who disappointed him and should In
woke against him (his decision being honestly
yendefed) the power OF impeachment. The Court
OF Appeals, it must De remembered, makes law
az we'll as the Legislature. Their decisions be-
como law until revised or modified by the legsla-
tive power Therefore, when the Court OF Appeals
say cumulative sentences may not be imposed In
one Indictment 1t becomes, for the time, as much
the law As II che Leeisla uve had passed such an
enaCLmnnt. TO that law We III uSt all bow. nclud-