New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-03-19
Has cured others, will cure you

the order terminating IT is entered. The order docs
not become operative until entered uctrle HS'. oI Ln%
1 Paige. 40: stewart act. Iergc, Daley, AZ Erowc'
AIT Looms. y Hun. 49, Win, az l"iEe' 100 " l.
The clerk was also bound 10 obey the Injunction
order granted by judge Iugraham. If he was Informed
that the ear.cd and was about To De served
upon him People act Brewer. Paige. 401; llnl
az T42ma, LA%a' Ill va iroGf "F e. symptom s3
mi, Wa, an ex partc Chambers ORDER ana dld MOI
require entry.
1mE PROCEEDING, For CONTEMPT.
The clerk having been lnveislod into mailing th"
return, in defiance u the orders Of the court. 1t WIS
hi, duty when lie became aware 81 The situation, to
regain possession Of the paper, he could do 50 with
the consent Of the parties whom they were directed
and thus rcn>atc him,ch In the sam" position, WIN
respect 10 The landing orders. That he occupied al
TIE nc ~ mailing them -, -,
With respect to TIE contempt proceeding before
Judge Cullen hayo only Ia say that i Gas Instituted
otcnsibly for tie purrc-e OF puniNhhg MI. fnIahN
Doubtless Intended for another and eniimiy dfer,ni
Purpo-c wuS not party Ia IL. was not counscl iof
and was denied the opportunity 81 M eAnnlnnHgn'
was subprnaed to bG at BrNoklyn 90 January 20
wncn ny Mg,e zora ~ , rnnrt nDd the
counsel to that Effect 4 referee wa nppo'nt"d I"
advc?tcncc on my iait. tic day 81 ID" hearing was
nx'd for MolSiay. February /, when c'ull not at
tend because It consultation day ~ tie court.
\, .oon ~ discovered that firt / wrote Ia Mr.
Gccre' Bliss, who conducting the proceeding. ~
Of that week except Thursday. lie wrote me" under
witnesses Tor first Of February, and would have to
examine them then but II coud not attend on thnt
other day. but was pot prepared to sny whether tne
next day or not TIE examIgoii1n Of The Other VII
close OF their examination Mr. His, anponcod That ne
WI, closed ana he took with him 10 New York the
report Of The referee lie DID not arrange FOR any
Der ~ 10 subject.
When the dccieon Of tho Court of Appeals In these
case, was lauiei down o1 December - my Irlatyn,
with them ~ attorney CEASED. Nv adv g" not
sought by the members y The Ioard - state Can
ci-ions which had been rendered The legal con'io.
uhonty % act f,r them II then became their iuty.
p, a board Of public onircr, l., make su.h a canvass
~ their judgment. acting upon their Official oaihN.
The dcci ons Of tn conf required. All OF the opinions
~ the CONT both prevailing and dissenting were de
livorcd to them. They went into executive session,
and, am Informed. every opinion Wa read Though
ont. IN the presence Of all the members, ana con
clu,ion arrived al hy them without advice Or SuSso
zion fom any outsider certainly without any from
ST. .KLIR FOR rRCPEI ~.
was present a, a spectator ia the room at the
| public meeting of the Board when the result wa an
nounced heard counsel for the REALTORS make some
inquiries Of Board to the additional returns from
DutrlIc,, County. The inqu.ry addressed 10
bcrs Of the Board, ard not 10 me- and had 40 right t.
| say anything upon the subject But counsel knew. If
they knew anything about the history Of the case that
not then In the possession 81 any member Of the
Board II the state officer, we're bound T. receive the
return, they had ample remedy. Ihc General Term
II the supreme CONT ii the Third Judicial Department
VA, in --,,.on late a, December -. Application
could have been made to IL t. cOmIc! IL" state officers
10 receive the returns and the whole question deter
mined 4, to whether. under the facts ~ they then
existed 10 their duty receive and retain them.
The Court Of Appeals distinctly pointed out, in the
XVIII and XVIII senatorial District cases, the proper
| course to bc pursued 10y the rclators.
~ the stood when tho state llonri act d. was
their duty 10 max. the upon the return before
| ii.
| argued A. case, there were some questions
! common 10 all the eases and when such n question
va decided in ore cas- it va, 10 he regarded a, The
decision in all. The court decided in the Derby
mus 70 compel the state l,oari to refrain from using
any paper before It, aud in the XVIII District
the court decided thft Il was only the proper branch
| of the supreme Court 'mcanng thereby tine Gerernl
Term which could restrain The state Board from ueine
order granted special Term which commanded the
state Board to abstain from u.ng the so-cacd Myld
return. and left them nj liberty 70 USE H.. The court
expressly ordered that part OF the order OF the Special
Term TO be strnGk on which prohibited the state o,ri
from using anything but certified statements forwarded
BY the County Clerk IL was therefore, TIE plain duty
0i the state Board 20 make The upon the return
| before IT, and declare the result accordingly.
lnt, win respect 10 the new return from Dntches'
County, II !. pOpr that should add That its correct
ness ard validity were seriously questloncd by the ai
torncys who had charge of the case. Whether these
| say ] only know that me attorneys were denied the
privilege q he,ng j. cor,o,ns .s or Validity passed
II was, Therefore. an attempt to have return placed
before the state Board for their action. unsupported
Il
the return upon which relied had to be submitted
| the ordeal the Court Of Appeals.
| Nor did the Court " Appeals decide that the MylOi
! return not correct statement OF the canvass.
| They simply held that there were allegations TO
| that effect IN the moving papers, which were not
| that proceeding they might be taken as true
| Rut they not denied, for the reason
that the state Board could not properly enter upon
| such inquiry, and under the stipulation the case
must eventually turn upon the validity Of the Ger
tiicatc which before the Board The State Board
| mad sufficient information Of The falsity Of these
| allegations 10 have put them In issue. and would
have done 50 but for the stipulation. which In
tended to max" the decision OF the case turn upon
| the point ~ 10 whether the Board had the right
| 10 make the canvass upon the first return.
| PROUD OF MS ACTIONS.
| desire to say In conclusion that il an attorney may
be censured for fidelity 10 his client and blamed for
the advice be gave his client. after the correct
ness OF the advice has been sanctioned by the highest
court in the state, 1t may well be asked what at
torney can do In his clients behalf with safety and
| honor II Is uniformly assumed that fahfulness 10
his trust and accuracy in his advice are cardinal
virtues In an attorney. Measured by ihe staf dar,i
by which professional conduct j. usually gagged. that
attorney Is 10 be the most highly commended whose
| fidelity 10 his trust T. nrmc>t, and whose advice
turns In the end to have been the most accurate
| These among the very last In which
acted attorney. Looking back through the years
I'm which have practset at the bar, there Is no work
of my professional life which regard with more salts
| faction ard pride than my conduct OF them. There
| Heerina's Coverhag gen Cherry Cordial
] Thanks for suggestion. Tried IT, never without "