The New York herald., 1879-09-27
The Tamn,any Mandamus.

| but the TACT that the Iammany
faction always resorts to him, and
never to any other member of the
Supreme Court Bench, to help them out
Of party difficulty tends 1--WE should hope
against his wishes) to identify him with
that political faction and to place him in q
false position before the public if his per-
sonal sympathies do not ally him with
Tammany. Why did not Tammany ap-
ply to Judge Davis, or Judge Brady,
OF Judge Barrett, or Judge Law
renee, or Judge Donohue, the five
resident judges of this judicial dis
trict? The natural presumption would be
that the judges of the district are the natu-
raj resort of suitors in the district. Judge
Westbrook belongs to the Third Judicial
district, and his residence is at Kings
ton. Why is he always called on by
Tammany in questions relating to local
politics in this city, instead Of some one of
the able and eminent judges OF tho Su-
preme Court belonging to this judicial dis
trict and residing in the city 1t is re-
| markable that the Tammany people never
fail to procure from Judge Westbrook, Of
Kingston, any kind of judicial order for
which they apply. Why cannot Judge Brady
be trusted? Why cannot Judge Donohue
or Judge Lawrence be trusted? Why go
out of the judicial district and wander
over the State to find a judge before whom
Tammany is willing to bring its claims
for are matters Of right which no
judge could refuse it would be
as safe for Tammany to apply to Judge
Brady or Judge Barrett as to Judge West
brook. If the things applied for are not
matters of right, but depend on the discre-
tion or bias of the individual judge, there
may be reason for passing over all
the able and eminent judges of this
judicial district and going elsewhere
to procure orders relating to our
local government. But the problem
remains unsolved why Judge Westbrook is
! the favorite resort Of Tammany, except
/ so far as the uniform success of Tam
/ many in procuring from him what
ever it asks may afford on explanation.
We are always reluctant to criticise
judicial action or motives; but vigilant
public opinion must keep watch of the
judiciary as we'll as of other branches of
the government. Why else are courts re-
quired to hold open sessions and admit
spectators? It would not be safe to ex-
empt the administration Of Justice from
the wholesome restraints of public opinion.
Judge Westbrook granted an order yes
terday requiring the Police Commissioners
to show cause why they should not
be compelled by mandamus to ap-
point Tammany inspectors of election.
! This is the most extraordinary judi
cial proceeding of recent times. We
have no doubt that a mandamus might
legally be issued to the Police Commits
sioners requiring them to appoint in
spectors Of election if they should fail to
discharge that duty but what warrant
Of law con there be for commanding
them to appoint the persons selected
| by local political faction Does
the law authorize Tammany to pre-
sent lists and demand their appoint
ment? There is no such law; there is
nothing resembling it, The law knows
nothing of Tammany; it recognizes no
local political organization; it makes
each political section of the Po-
lice Board the sole judges of the
party standing of it's share of the
appointees. When, therefore, Judge West
brook issues On order to show cause why
Tammany inspectors should not be ap-
pointed he travels quite beyond the law.
In support of this most extraordinary
action there has been procured by Tammany
an opinion OF Mr.. George Ticknor Curtis.
Mr. Curtis is a lawyer of high repute, but,
like all lawyers, he feels bound to make the
best possible case for his client. There is
nothing in the morals Of the profession which
forbids Mr. Curtis to take o retainer from
Tammany; even the most desperate Grim
inals are entitled to the best professional
services which they can pay for. The fact
that cause is defended by able counsel
| proves nothing respecting its justice. But
the fact that the Tammany argument ap-
pears to SO little advantage even in the able
hands of MI. Curtis attests it's intrinsic
weakness.
Mr.. Curtis says, with perfect truth, that
''the only State issue TO which the Legis-
lature could have referred was the issue
whether the State gov, rnment, in any of it's
departments, should be republican or demo-
cratic" He further says that the State issue
with reference to which the inspectors of
election are required to be appointed, "is
the issue which political party is to obtain
political power in the State by the votes OF
the people" The premises which Mr. Curtis
thus lays down are sound, but his infer
enccs from them VIII not bear examination.
He contends that Mr.. Kelly's election
would be as much triumph of the demo-
cratic party rs tho election of Mr..
Robinson. But Mr.. Kolly's election