The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-03-17
AN EXAMPLE TO FOLLOW.

The case of Judge Maynard of the
Supreme Court Of New York appears to
deserve some attention in this State.
After the late election in New York,
Isaac Ii. Maynard, then Deputy Attorney
General, took from the office OF the Con-
troler of the State one election return with
out lawful authority. His removal of the
return enabled another return. which has
since been adjudged to be Illegal, to be can
vassed by the Board of State Canvassers.
and so led 10 the election of a candidate
who, as it appears. had not received a
majority of the votes cast and changed tile
political complexion CT the State Senate.
Shortly afterward. this Maynard was ap-
pointed by Governor Flower Judge of the
Court OF Appeals. The act, and its appa-
rent reward, reused the Bar Association of
New York; meeting was held and a CON-
mit:ee appointed to investigate the facts.
In moving for the committee, Mr.. James c.
Carter. one of the oldest and most eminent
members Of the New York bar, stated the
case in temperate language, and went On to
say:
There is another aspee', no lss important.
which does 1t seems TO NE. concern us. IL
touches The honor OF the judicial Office. What
ever else may be Of little concern TO Us, that is
matter of infinite interest 10 us We organ
lied for the purpose Of guarding aud protecting
the honor OF the judicial Office 1t Is in our view
ihe most inipor ant interest IN society. If we
can sustain the dignity and honor OF tie Judicial
Office, we can sustain every other social interest.
If that is lost all is lost.
Whatever touches The dignity aad honor of the
1udiciai office touches US. We pay 4 reverence
10 1t which We pay 10 nothing else. We elevate
II above al! unworthy motives, and there we
wish to eep il.
1t Is In tbat aspect that it seems to me that
this association iSiutetested. We all know that
III dignity OF the judicial Office is already drawn
into question by tits transaction. We cannot
look our clients IN the face without feeling that
there is some hing that needs explaining which
must be vindicated or punished. Ii is with that
view that many of lie gentlemen OF this assoeia-
ton have very reluctantly come to the cOncu-
sion that this is tbing that cannot be passed by.
= Every word Of the above deserves 20 be
pondered By citizens of California Here,
as in New York. the judicial Office is the
most important Interest in society. Here,
as there. if We can sustain the honor and dig
nifty of the judicial Office we can sustain
every other social interest. Here as there
if that is lost, everything is lost. 1t was
this palnable truism which led so many cit-
zens Of California to despair of the common
wealth, when our Supreme Court stretched
Vut itS manu- ~ olittlQ inc DOOui6TS from
justice.
A Judges discretion is not TO be ques-
toned. His errors may be deplored, but
the part of the citizen is submission. Yet
where the behavior of the judiciary is cal
cuiated to impair the respect due to the
judicial Office. and to render il impossible TO
sustain its honor and dignity, it IS the right
and duty of every member of the common
wealth to protest Ia the case of the wit
ness Chute, six members Of the Supreme
Conrt-the seventh. Mcfarland. being alb
seHt-unanimously refused to grant n writ
Of prohibition forbidding the elisor's Grand
Jury from proceeding with its work of
Furnishing crime. Within six weeks there
after majority Of the same court, includ-
ing Mcfarland. who had returned TO the
State, reversed this decision, and ruled that
the elisar's Grand Jury was no Grand Jury at
all. Nothing had transpired in the interval
to warrant a change of opinion. The law
was the same in December as it had been
in October The facts were the same. The
urgency was the same.