The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-03-23
AGAINST JUDGE MAYNARD.
TIE BAR ASSOCIATION Votes TO
RECOMMEND HIS REMOVAL

TIE BAR ASSOCIATION Votes TO
RECOMMEND HIS REMOVAL
Few Negative Votes and Opposition Barely
Listened To-Ths Yeas and Nays Not
Taksn-Report or the Committee.
Tho committee OF the Bar Association APP
pointed at the meeting OF March to inquire
into the conduct OF Isaac H. Maynard. then
attorney for the State Board OF Canvassers and
now Judge of tho Court Of Appeals, in taking
an election return from Duchess county from
the office OF the State Comptroller last Decem-
ber and to report what action. II any. should
be taken by the association in view OF the
elevation OF Mr.. Maynard to the bench. report
ed last night to meeting which packed the
rooms OF the association to the doors. Be-
tween 400 and 500 lawyers. out Of a member
ship OF 1.178. were present. and from the first
It was evident that a report adverse to judge
Maynard was not only expected. but would be
joyfully received.
The committee reported that Judge May
nards conduct. while not furnishing sufficient
ground for impeachment. as 1t was not mis-
conduct in office Us Judge. was such as to
warrant his removal by the Legislature. The
report closed by recommending the adoption
OF this resolution:
"Resolred. That a copy OF this report be
transmitted to the Senate and Assembly. and
that those bodies be respectfully requested to
consider whether the conduct'of Judge Iasac
H. Maynard therein mentioned does not de-
mand an exercise OF the power to remove
Judges vested by the Constitution in the Legs-
ature"
The vote resulted in an overwhelming chorus
OF ayes and less than dozen nays.
After rehearsing the oft-repeated fact In the
case. the report says:
The acts Of Judge Maynard. which are calculated to
produce an unfavorable impression. and to which
hts explanations seem to be in tho main directed
these:
First-Hs taking from the ONCE OF the Comptroller
the morning of Dec % the scaled envelope contain
ing one of the certified corrected statements which
had been transmitted TO that officer through the mail
by the County Clerk of Duchess county.
second-Iis acquiescence In the canvass Of the Myod
return by the Board of state Canvassers their
not before them.
Referring to Judge Maynard,s statement. re.
Gently published, that the stipulation which
sers. made with the counsel. the REALTORS in
the various legal proceedings. that action be
proceed upon the basis OF such returns
amy ts ne ot feen sho BE-
sent to or received by the Board. the commit
tse its Ss int s bS
judicial tribunal" The laws OF the State could
sides. the stipulation was not to the effect al
legged. It is not so in terms. and the opposing
counsel der. deny that such an understanding was
- As to Judge Maynard's further defence that
County Clerk Emans was; at tho t., time ne he de-
under restraining orders. the report says. that
such orders could not affect the perform
Clerks transmission OF the returns was regu-
lar and lawful. and there was no right in law
person that the Secretary of State.
The %h d
to the
canvassing the Mylod return instead. in this
way:
souI1 ne' :. %ss:.sd 5s;T"n.S.Il.y; hs sss the
hoard s1 ssos .s. tue and
HIS act in removing the trne return the pree.t for
:s:9 .S,Gn
!.T: Our Penal Code seems explicit. Section % is
sa and Or
nun; SoGf rsHs dSsSmsnt' S'Is5 rims, hlsi d.
When ths Corrected statements made in pursuance
az ns e
had 1sashed thfoush the regular course Of the mails
Som:'5o.s,E sSs% @ Sss wh
ny Pong a the
,nn wa.
nns h Il, wh..q ss %n ss n
6 r. %,ii ,as%ls,ss ssns Sssf;
nc rn and in
could hastily v or
and dispose OF it IN any other manner than that
Tho report closes with the resolution first
quoted. ana is signed by Frederic r. Coudert.
James W c; carter E. T. Robinson. John E Pr
s Sasdes i ROOT cosd 04 Hand and and
Nelson J. Waterbury was vehemently protest:
In ss fs Thoe s sae
alton distinctly stated that charges against
made by the q ievapes, C"mmittes, His
voice was drowned. and Wheeler II. Peckham
WaterbSry appealed from the decision s oman amid
great deal OF c9nfusion and Demanded tho
oveEwhelmed Mr.. Waterbury for the m oment,
William A.. Jenper poyed the adoption Of the
bringing IN q report uneoloreed BY politics.
question to Mr.. Nash on a statement, he had
made. but uproarious laughter mingled with
John NJ. Bowers. who had declined to serve
on tho committee because no had formed and
expressed an opinion in advance. then spoke
against the motion. lie had read. lie said. the
papers upon which the committee had founded
It's report. and he drew very different ronclu-
sions. He declared that an offence which does
not Justify impeachment Is no cause for re-
moynl.
when the cosrt Of Common P'as had tie
power. with the Aldermen. to remoya certain |
piiIIsers. such as Police Justices That court
or election. You cannot expect tile Leglsla-
ture to remove Judge Maynard. for the very |
reason that the acts upon which YOU base your
charges were done before his elevation to this |
office. II there are presidents for such a
thing am not aware Of their existence,
case from a standpoint, opposed to the finding
OF the committee. but, it was TO an inpatient |
and wholly unsympathstic audience, He was
points, and once. WHEN after reading an am.
davlt IN. the case, he said no would read no |
laushter and hind elaIping; Very different
which the reading Of the long report Of tn"