New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-03-08
u4yN4PD AND THE BAR Association.

MAYNARD AND THE BAR ASSOCIAIIoN'
Much has been said about action by the Bar
Association of this city with regard TO the con-
duct Of Isaac II. Maynard. now Judge or the
Court Of Appeals in connection with the theft
Of the DncheSs County election returns on De-
cembcr 20. 1891, from the Controllers Office at
Albany. 1t is understood that a meeting Of the
association will take place tonight, and that
this matter will engage lis attention. The dis
inclination of lawyers to attack the integrity OF
Powerful Judges is proyerbial and natural ana
il has already operated TO restrain this a'-0cla-
ton from movements urgently demanded IN the
interest of pure administration OF justice. As
the result of timidity. the position OF the aSso-
citation is much less honorable and itS influence
much less important than they should be. by
timely exhibition of courage. and Steadiast asSer-
tons Of professional honor 1t might become inc
great bulwarli of an honest Judiciary and might
prevent such indecent scandals as the appoint
ment of Maynard involves. II the polltlclans
had known by one or two severe experiences
that the presence Of corrupt and yenal Judges
on the bench would not be tolerated by the bar
of New York. the work that is now necessary
in NJaynard's case would have never needed to
be done.
Other considerations than timldlty, however,
arc moving to prevent proper outcome Of to-
nights meeting. The Democratic machine has
not been idle since the subject OF presentment
of the Bar Association was suggested 1t was
in fur,herance of the wicked conspiracy Of this
machine that Maynard's crimes were committed
and it has been working diligently to impress
Democratic members of the association with lis
degrading notion of partisan duty. Where it
cannot coerce it has sought 10 prejudice. i has
insolently represented Maynard a the unfortn-
nate victim of Republican malice and has point
ed significantly to the fact that Judge Cullen. III
his decision, referred TO Maynard Is the Con-
trollers counsel" IA if that relation permitted
him to steal a public document. 1t l. also urged
that nothing practical can come Of the Bar A'so-
cations movement, anyhow; TIA. Maynard j.
no longer Deputy Attorney General, and can
not, therefore be removed from that Office, and
that it is impossible to impeach him a. Judge
for what he did as the law officer of the State
These are artful suggestions, and there i class
Of mind to which they appeal. The number #
men is always large who will listen to what they
know to be the shalowest sophisty if IT prom
II is by no means certain that there is no way
of reaching Maynard and, if il were, the Bar
Association would be none the less loudly sum
moned by the hghcst considerations Of public
morality to ascertain the facts in the case, and if
they show criminal motive and conduct, 10 re-
port them to the people. In the natural course
of events Maynard will be a candidate next fall
before the public for the office he nUw holds
The Bar Association cannot ignore that fact aud
if there is no penal statute which fully covers
his case they can at least declare 10 the electors
As lawyers and as citizens whether man who
has unlawfully distracted from Il public Office
an election return corrected 10y order Of the Su-
preme Court and sent there to take the place of
return judicay declared TO be false and fraudll-
lent is a fit man TO sit in judgment on the dear
est concerns Of life and property.
Naynard's acts are not denied. On Deem
Der ~ the Clerk of DutchcSs County forwarded
to the Controller, in pursuance OF an order OF
the supreme Court, a return Of the votes cast
in that county for the office Of senator. This
return had been made By the Duchess can
ya,sers also in pursuance Of the courts order,
and after a full trial of the facts in dispute be
tween the two political parties. The Judge,
and the canvasscrs obcyed his mandate and
made new return, undolng the wrongs done
in the one they had previously made. This new
return Isaac II. Maynard took from Controller
Wemples desk early on the morning OF Deem
Der -, befCIe any one except an oi1ce-boy had
reached the Controllers Cf1icc, and without the
Controllers knowledge or consent. The return
was there in obedience 10 the statute Nq,:lrlng
il TO he sent TO the Controller, and by him TO the
Secretary Of State, for the Use of the Board of
State CanvasScs. MaynardS motive in stealing
the return was to prevent it coming into that
Boards possession. - that when they came to
canvass the returns of the XVIII Senate District
they should have before them no other paper
than the return which the courts had condemned
as false. This is proved by the proceedings Of
the Board on the night of December 30. May
nard was present.
The XVIII District was taken up and the false
return was canvasecd. Mr. j. Rider Cady, adj
dressing the Board asked if they were not en-
basis of their calculations. The Attorncy-General
said yes, they were; that no other return was
in their possession Mr. Cady said " But one
was sent here by mail December -, the cor
rectcd return forwarded by Judge Cullen's |
orders" Mr.. Tabor replied "Well, have no
of any such certificate" and then he
inquired IL one was sent, why is 1t not here ~
And directly in front of him at that moment at
Isaac H. Maynard, the man who had stolen the |
return, now Judge Of the Court OF Appeals. |
silent while the crime he had planned and BY