New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-04-20
THE MA YNARD WHITEWASH.
NO EFFECT ON THE BAR ASSOCIATION.

NO EFFECT ON THE BAR ASSOCIATION.
ITS MEMBERS FIND NO CAUSE TO MODIFY THEIR
sCATHING CONDENSATION OF THE JUDGE.
Members of the Bar Association OF New-York who
the majority report of the Joint committee Of the
Legislature In the Maynard case TO the iron rule
Of political partisanshp. They and all declared
that that report thus robbed OF all significance
so far ms any bearing the moral, legal ethical
features of the was concerned. Net the slight
est tendency toward modifying the radical position
taken by the Bar Association indicated. On all
hands II asserted with undmishei emphasis That
Judge Maynard's case was in no way improved
through the action OF the Democratic majority in the
Legislature. The report OF the committee APP
pointed by the Bar Association had been made
only after the most painstakng Investigation
that characterized by not a trace OF
partisan feeling and had been adopted by
the association In the conviction that it was abSo-
uely fair in its treatment Of the and thoroughly
accurat In its conclusions. This CONVICTION has been
in way shaken by the majority report OF the Leg
isative committee, and Judge Maynard, in the eyes
OF his colleagues at the bar stands yet convicted OF the
crimes with which he charged.
II was said by members of the Bar Association $
committee that no further action In the case the
part OF the association probable. All had been
its committee sees no reason TO modify its charges
against Judge Maynard, further aggressive actiOS
can be taken Repeated attention was called to the
fact that the facts alleged had been openly admitted
by the counsel believed 20 represent Judge Maynard
With the facts undisputed, the members Of the Bar
Association at loss TO see why the law the
should be in question
John f. Parsons said yesterday IL still stand by
the report of the committee appointed by the Bar As
ISOLATION In its preparation all the facts care
fully considered and all the phases OF the case I'm
partially looked at. / was in California when the
joint committee in session. but | remember that
the statement published that the facts in the case
not disputed by the opposing counsel. This cs-
tablshes the accuracy Of our committees report The
majority report Of the Joint Legislative committee Is
political and. . result, far a, important features
are concerned II Is absolutely worthless. | am a
Democrat aud claim to be member OF the Demo
cratic party. but do not feel called on TO u'uy inc
acts OF Individual members. It is rcproach TO the
Democratic party that question that coma De 80
easily detached from political considerations ana
treated on judicial and ethical grounds should nave
been treated as it has 1t Is TO be doubted If the Bar
Association will be in the least disturbed by the re-
fecticns thus put upon it,
Clifford A. Hand. another member OF the Bar Associa-
lions committee. said: Nothing has happencd "
change the attitude VI the committee or OF the Bar AS
ISOLATION toward Judge Maynard. Unfortunately snch
legislative action this has Judicial element IN H.
Partlsanshp seems TO rule in election contests and
both parties are equally guilty. There was
shameless unseating Of members ia
the last Congress under speaker Reed. ara the
same course has been pursued here with the Demo
Gratis in power. In this case, Judge Maynarus oHehee
was connected with certain missing elecuoh papers
This gap in the evidence conh not be supplied by tho
court before which the contest came. know noth
ing OF Judge Maynard personally but hear him well
sr,oken Of His action in the election cases seems 10
have been due 10 an excessive partisan zeal 1t Is
not likely that the Bar Association VIII tase furrh"r
Off cia notice OF the They have after the most
painstakng work. passed judgment on Judge May
nard's course, and that Is all they can do. The
necessity for such on action Is melancholy one to
LAWYERS | believe that there was not q member Of
e committee but would have gladly exOnerated Judge
Maynard, had 1t been possible under The circum-
stances In all the time we worked on the orSc l
saw not a trace OF partisan feeling, and from the
position reached we have no cause to withdraw The
Legislative committee TO have Reached decision
ON strictly political lines and presume that ends the
matter"
Albert stickney said 1t 10 me that the
report IN Judge Maynards favor having followed party
zines will have substantial weight with iairmdeI
men The facts in the were not disputed lhil
va, formally conceded before the Joint committee by
the counsel who as every one believed, represented
Judge Maynard. Ihtt being there should be no
ouestion about the law The Developments in this case
have made one Of the most astounding In the history
Of our state
John l.. Cadwalader and James {. Carter. members
~ the committee and Wheeler H. Peckham the picsi-
dent Of the Bar Association, declined 10 anything
about the Legislative committees report other Than to
assert that their views had been made plain III the
action taken by the Bar Association.
Some interesting points rs TO Judge Maynard's
tenure of the place he has gained at suc cost were
brought out by Clifford 4. Hand who said: "When
Chief Justice Ruger died, Associate Justice Earl wa
apponted BY the Governor to fulfil the duties OF the
chief Justice until after the next election. when
neranen successor to Justice Ruger viii be chosen
This made Judge Earl's place Associate Jnstice tenn
nor,,ulv vacant and Isaac II. Maynard was appointed
I'm his stead. Now. IT, ut the next election Judge
Earl should be nominated and elected Chief Justice lis
r,oce AS Associate Justice would be permanently va
cant I'm the meantime. however the election would
have passed aud no successor 10 Uc Associate JUS
,dcachin would have been chosen. In that case the
f.cvc,,,or could IcappOint Judge MAYNARD for year.
and tfus defer the Ordca! OF popular vote Under
tr .,ijv appointed Chief Justice, rctlres from Tint
pplncr he resumes his place Associate Justice u
Iii" term has not expired. Hence II seems mat II
Indoe Earl should not De nominated and elected Cmo
iusiIce. he would step back into TIE place OF Ass0
a,o In.1icc and there being then vacancy. judge
uayn9rd would step down and OUT
ADDRESSES TO WORKINGMEN.