New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-12-24
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REW1HUING i CHIME.

The announcement of Governor Flowers
purpose to reappoint Judge Maynard has elicit
cd some curious opinions from lawyers VINO
anprove the Governors resolve. " II VIII be
= vindication." saws one 4 yindicatlon from
what? vindcaton from the charge that
MAYNARD committed felony with the inten-
tion and effect of creating fraudulent ma
iorty in the State Senate, and that he did this
in deliberate defiance of the express mandate
cf tbc courts. But why will his reappolntment
be a vindication? The accusation has been
proved as conclusvely as any accusation ever
can be proved by finite intelligence The only
possibility of error lies i'll the imperiectlon OF
human faculties. If the power OF appointment
10 the Court Of Appeals were exercised Dy the
Almighty the presence of Judge Maynard on
that bench would be a vindlcation. His con
tinuancc in office by the favor OF the Governor
will not yindcate Maynard. IL Will merely
inculpae Flower
"No one doubts that he is very able
Judge" saws another lawyer, :" and that Is the
sort of Judge we want OIL the Appeals Dench'
This complaccnt member of the bar and officer
Of the court makes grave mistake. Inc
ability of the Judges of the Court OF Appeals
has generally been of great advantage 10 the
state. but the ability of Maynard makes his
presence there all the more deplolabe. Ills
ability renders his dishonesty extremely dan
ccrons. No ono can be sure that his sagacity
and force Of mind will not enable him 10 en-
ploy his judicial powers corruptIy without FISK
Of mpeachment He has been richly rewarded
for his crime. but he knows that the best OF
his low-citizcns the most honorable OF his
professional brethren. dcSpi>e him. lie knows
that he will be closely watched and constantly
distrusted lie is not deceived by talk about
"vindication." and hereafter when he Is or
dered or inclined 10 betlay the rights OF indI-
viduals or Of the public he will disguise his
operations more adrotly. \ Judge Of similar
character and proclivitcs but inferior intellect
would not so greatly imperl the common honor
and welfare for he would be more easily de-
eeted and more surely punished. Judge May
nald will probably be able to crafty his IN
clinations with impunity.
The comments OF not few lawyers upon this
case are refreshingy explicit But too many
members of the bar are keeping silent, and
some Of them we fear, are towards. They
dread the possible consequences to themselves
of frank avowal of their indignation. But
the reappontment of Maynard because they
have not mastered the details Of his action, or
because they have a distorted conception u
professional propriety, or because they lack
moral courage, they are one and all betlaying
the cause Of justice which they have sworn 10
serve. They have no right 10 be ignorant or
fnical or timOrous. They are under special
obligation to ascertain the facts and then TO
condemn the crime and protest against the act
BY which Governor Flower proposes 10 ratliy
and reward it. The easy liberation Of such
offences as this. striking at the very heart of
free government, is a familiar and ominous
featule Of the time. Judge Rowland expresses
the exact truth when he says: " Ii such pro-
ceedings as Maynard's theft of the Senate are
to be continued anarchy must result. When
officials commit such acts and are reappOinted
il is time for honest men TO stand appalled,"
There is no need 10 amplfy that declaration.
But there is dire need of compromising it.
and Of disseminating a realizing sense Of its
truth and significance. Judge Maynards crime
was infamous, and the rccompense which Gov
ernor Flower intends to bestow upon him is
pernicious and revolving.