The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-03-09
WHAT JUDGE MAYNARD DID.
the BAR ASSOCIATION APPOINTS A
COMMITTEE TO INQUIRE


james C. Carter Offers the Resolution De.
los McCurdy Furnishes n Statement of
the Facts In Advance md Declares that
Judge Maynard Did Right with the
Amended Dutches. Election Return.
The Association OF the Bar Of New York
passed. these resolutions last night by viva
voce vote. with about 20 per cent of noes.
some 200 OF the LIE mempcrs being present:
Whreo,. It appears from late opinion pronounced
by Judge Of the supreme Court that grave offences
may have recently been committed in the taking OF an
election return from tho office OF the Comptroller OF
this state. md that NJ. Isaac H. Maynard then Dep
uy Attorne General and since elevated to tile bench
OF cur highest court. connected with the trans
action to impair his usefulness ms Judge and tend
to discrcdit the administration OF justice now there
fore. tits
Res,,reL That It be referred to committee of nine
members be appointed by the President OF the asso
citation into the matter aforesaid and Judge
Maynnrds connection Herewith AMI to report at an
adjourned meeting of the association to BIO held on tho
evening OF March %. at y r. NJ. the facts with the
opinion OF sail committee as TO what action. II any.
should be tax by the association in the premises
The resolution was prepared on Monday
evening by twenty or moro lawyers who had
been called on by Wheeler II. Pcckham. Presi-
don't of tho association. to advise whether or
not tho association was called on to act In the
matter. 1t leaked out yesterday that the reso-
luton would be offered at the meeting last
night and tho little hall in the association
house in West Twenty ninth street was
crowded. Among tho lawyers present were.
Frederic II. Coudeit. James c. Carter. Dolos
McCurdy. Roger Foster Noah Davis. Elhu
Root, Francis NJ. Scott. and John NJ Bowers.
Mr.. Peckham presided. When no called for
tho routine business james G. Carter Jumped
up with n apcr in his hand.
Il rise" hc said. slowly. for tho purpose OF
moving the adoption Of a resolution by this
association having reference to an affair which
has excited much comment throughout tho
State 1t has connection with the taking from
the Office OF the State Comptroller OF certain
election returns with tho tampering, with
high officials Of. tho. state; a matter of the
the attention OF judicial tribunals and we have
ss''% S tho aF snpr j" ns'a' G%nr Is
mat rr Of So grave a character thai! that
leading features Of the case are these: That
certain election return was forwarded TO the
turns. / believe. have been. adiudged lawful
ones. From. tho office Of the GoEptroler it
f. Maynard r' took this return hayns no Sa Of
fetal authority so to do; 1t is also part of
te c int the t OF tnS retnrb S
Bora OF sts and led the
DECLARATION BY that body that ', certain eandi
a ans ss 1es T
act changed the political character Of the state
torney General was asa apponted by the Governor
to a PLACE on tho highest judicial bench in tho
character, and it is ineumbent on tLos" whose
official duty it may be to protect the public to
tho st ssePSS oS MT the time for
express any opinion or to advance any judy
He read the resolution. Before he had fin
ished Dcos MeCurdy Was so on ~ feet ani nd
IT seems to me that before this s.ssoeiation
proceeds to adopt resolution even to inquire
e tss eSadss ct q tSs sa ~ WITH Hh at
TsS% s'as Iss5a.s e sSss aSaf yht
the e9nductng .. Of these eeet9n ot
to take the dispute at once to the Court Of APP
peals for final decision. .,
all day. when there was made BY tho attorneys
for the other side this proposition; That thu
there; ana tat tho d tis parytGsrs ihoHd
notice and the lIEs:r that in the mean time tho
the, veto or make any declaration whateyer
and that cacn side should, be fnally.
appeals. Tie agreement was made. It was
signed by every lawyer on both sides. and the
f an 70 Of thu That s n ne was Mo 10
signed it. l wisl. /. say that not one OF them
ever app"nred in The case niterwnrd. This
ate dist:icts in dispute At the he time that
agreement was made no other returns but
those that had already boon filed Were con-
knowiedse Of the facts. tic mel who made
court, to abide by the final d,eci5ion. Uron
State Board Of Canvnsscrs made 10 canvass of
the returns in their possess ion. though there
was nothing but their word to prevent them
Nov as to tho other sid" On Dec. IL
s'"i ts osr MIs s % ret III s rom bush%as
county. This WAS n, direct violation II the
SO Soi.% m entered tI int H9 hc
Well understood that neither side should take
Ing before the Court Of Appeals., 1t was decid-
cInt ths consultation e hoIl, The Other side
ipstant. ThS STATE ofllcers ali agreed to DO
Judge JUDI Maynn nS and a myself. Judge Insraham
waf ari na me
bany., This injunction was granted about
!" Mh 9ye at ana the
Ind tclnGhpnis comtnn Uni, with Clerk
r"nghkecps!e had prevailed on Clerk Elnans
and had convinced him that it was his duty to
sond the returns to Albany before tho
arrival OF the order. and. after my, te!"-
phonic notice to him. he deposited the
amended returns in the mail. Well. tho
messenger with the injunction reached I'ougl,-
keepsie about o'clock IN tho evening, and he
served tho paper on tho clerk in tho only LEGAL
way..by a. COPY and showing the original. Tho
clerk than had the notice y telephone. and he
started out to undo the wrong had domo. lln
explained the matter to him and asked what
he should do. The Governor directed him togo
and SEQ Judge Maynard and 10 h" advised Ly
him and to net on his advice CLERK Emnns
took the order OF Judge Ingrqhan to Judge
Maynard and the Judge told him that hie .,imiy
PAPER at once. He went TO the. Office OF tho
Comptroller with Judge Maynard ana there he
returns unopened: and that envelope was de-
livered to Judge Maynard by CLERK.
"This, gentlemen, WAS what Judge Maynard
did, It Is what we agreed to do, IT Is what