New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-04-19

| MIN as county CLERK, ana therefore N""i" ~ ".
affected In that matter In any way by an Greer sra Tsn
IN IN proceeding begun against 'ne pC'u u Val"
But the Fursman order being mele showcase ordcr
ceased 20 be elective IL had performed ite
nIa r nd merged attaT came e Se"e ud
Culsn at special Term. an order was made when wse
a a order Writing ea s sr By at ns e
stay aid directed the County Cierk 10 forward iorIh
| filed in the County Clerks Office and shown 70 the
clerk himself Then the clerk was officially nCcf h,
! that nothing prevented him from performing nus
statutory duty and that he must perform that DUTY
at once BY sending copies OF the returns as PROVIDED D.
The claim is made by Judge MAYNARD and by the
counsel for the committees that Judge Culen's order
e Bitches l9F countv v clerks Office and that
1T filed after office hours on the list the ming
f that is not he QUESTION t The question is not when
| the order was legally fled but when 1t vacated the
cs.ary TO its VALIDITY Tie distinguished lawyers who
| testified before the committees were Unanimously Of
Il was settled and signed by Judge Cullen. We think
that Is certainly the right view OF the matter When
eeved notice hat the stay had been vacated and that
he was longer legally Obstructed In the performance
and the moment he was duly notified that he was free
to act In the matter. whether the notice came 10 ne
day or the night the statute took hold Of him ana re-
qured him to send on the returns without uhheces'
sary delay
MAYNARD TOOK A SIMILAR VIEW.
| Judge Maynard himself took the same view OF the
|
supreme Court decided against the appeal OF Juglro
the Japanesc murderer. the NewYork CITY oyer ana
Temner proceeded to resentence the prisoner Delorc
the mandate OF the appellate court had been hhhdeu
down. Another appeal thereupon taken 10 inc
United States supreme Court on the ground that 'uglro
had been prematurey sentenced. because IL was UT
cued the decree dismssing the former appeal dd not
t.ho eaact until formal notice of II had been served
In the state court The second appeal was argued
by Judge Maynard. then Deputy Attrney -orfHca' III
| behalf OF the people and he took the posuoh u''a'
| rs soon as the judgmens Was rendered IL Decaho
operative although notice Of It's entry had not oen
| Given This view OF the subject adopted by the
highest court in the Nation The following Is rom MS
brief in the matter. and the argument !, G', =, n
0poed TO the position he now takes Win rega'u " ''
| cullen order: N, ri, ,ho, ,rben rs
| Judgment has been pronounced and entered II ,, 4,
nai and the mandate Is simply the process r ' of
edVtve" 9GG was statutory stay Of proceedings IN
The Court until final Judgment upon tne tie
appen In this court entered The stay terIlnI''g
and the state Court could MmediiteB prVsoetu rd q,
the cause although notice OF me entry OF lr jpu7
men Of this court had not Teen gwen to tie appct
or TO the court below II has alto been held ra al
nru Anal Judgment upon an appeal and tho dcciion
~ The appeal has been orally announced ana entcre1
upon ,b s! Uni of an execution bcfoe the entry Of
formal Judgment upon the appeal Is not nui'ny' Out
'''PS is therefore quite evident that the Fursman
order II IT ever valid As aSainSt han ns,I I'D
nerahs am order Vas granted, but it doe ;,o an
pear very clearly that Em@ hssr ha Sra 20 when
he mailed the returns. In his AFFIDAVIT In me me
copcmpt proceedings he expressly stated that he . d
urt know Of any order enolning him from ch action
although he had heard that he was to be enlonto ~
and although he testified before the committee tiat ne
was informed by Iinckcy before he f~whtdeI t,c
animation Of his testimony will show that MS memory
! ho AT fault that particular.
| SHOULD HAVE GONE TO THE COURTS fot y
REMEDY.
nut ~ the County Clerk had been under dozen
stay orders that fact could not constitute ocie'ce
| for Judge Maynard. 1t made no difference now or
when the papers were sent. so far As the Gmhiy OIL
! hi ac, Is concerned They were actually received
| and even II they had been wrOngfuly transmitted
| that was no excuse for their unlawini removal
Judge Maynard had more hight than any o'her Gnu
zen TO tako the law into his own hands. he s'oo"a
have gone u tie courts for his remedy u WRONG mao
icon done 10 his clients the as otbor lawyers are
! o,nnelIed ia do If Emans had violated stay lie
,oud lac mini she'd rut his wrongdoing IN that re-
.pec cond not affect the validity Of his act nor eou
| il furnish IN excuse for Judge haynafu Noi""o' vi
IiTdSine fac, that Judge Maynard was acting as
counsel for The state CanNnsSors does not )iSul! OF
even paliae his offence, but rather adds 70 Us 1r"E
III, duty was 10 advise his clients rs 10 tnc" rs "a
LIMITATIONS While holding the place as law oihSer
Of the state he had no right to accept retainer M
would call upon him To advise the DOsfN III any wa!
| would lead them 10 Nlolile tHcA
I'm" advice Of counsel can neither protect him nor his
clients In the performance Of an act hat IS contraN
,nrn sent to him. and to deliver II 20 any person
except accordance Win law or IN CbenGs 10 an
| counsel do that which the Controller could not DO
| himself ,,,o, ., tho
whnl case forced the conclusion thai not only Is
here no defence on the part OF Judge May ard but
that the offences which b. committed do not present.
| any cxenuating circumstances
| THE LEGISLATURE SHOULD REMOVE HIM
| What them should be doncl The Legislature has,
| In this matter very grave and responsive onV u
perform Every citizen OF this state has Tic greatest
interest In everything touching the character Of A
member If the Court Of Appeals. The people cannot
afford 10 have the administration of justice brought
INTO di,reputc. Whatever tends 70 destroy The con
ndence Of good citizens In the integrity OF that court
which (, the final arbitcr In all controversies affecting
the state or individuals, demands our most serious
| considerations
Judgr MAYNARD a member OF that court has com
mitted "a crime not against an indiviiua but AGAINST
he whole people; "A crime directed against the funin
mental institutions Of Republican government
The Constitution provides that judge may be remover
by a vote OF twothiGs Of both Houses Of the Legs
tnr,, Thnt mower Gun doubtless be exercised when
ever ANYTHING In the character OF cOniuct oil Judge
| ha, been such either before or after ms eeFauoh
| tn the Lerch, rs To destroy the c0naien'c 0I the
nronl i'm hi, integrity. aud thereby bring the coar;
INTO di.crcdt aud di,rcpIe. We are c0nvihcei ina,
mdrc Maynard's conduct has been such rs To cali
her. an exercise OF this power ard we Therefore
recommend the adoption of the following resolution
Resolved az the Assembly concurJ. Tint Isaac IL.
uaHnn1i "A Judge OF the Court OF Appeals, be ana ne
Srrchy is removed from his office such lndgc. pur
suant 70 the provisions of section Nj Article d, OF
| the Constitution. ~
Wv All of which Is respectfully submitted.
Dated, April -, loD3 ~ ,,,~
EDMUND O'CONNOK,
JOSEPH MULLEN.
Members senate Committee
JAMES ". Hustled,
y. =. SrRANAhAN,
WILLIAM KENNEDY,
MYRON u. CLARK,
Members Assembly Committee.