The evening world., 1893-10-27
THE ISSUE.

The Democratic nominee for Judge OF
the Court of Appeals has some vigorous
assailants and some warm defenders.
Perhaps no candidate ever before Of
fercd himself for the sufragcs Of the
people-certainly none ever ran for a
high judicial position-whose character
and public services were painted In such
widely different colors by friend and
foe.
When william NJ Tweed ran for the
Senate after the exposure Of the ring
rascalities, and was elected, too, his
opponents did publicly denounce him as
n thief. But, then, his supporters scarce
ly had the tenerity to laud him as a
model OF honesty. Isaac II. Maynard.
seeking election to the highest court in
the state, enjoys the distinction OF be-
ing branded on one side as a criminal
and giorincd on the other MS a patriot.
Some hands hold out to him bracelets
OF iron. while others tender him a crown
OF laurel.
on one point. however, the defamers
and the eulogists Of the much~-discussei
Judge agree. 1t is conceded by all that
he was nominated by his party. as he
was previously appointed by Gov. Flow
er, as a reward for the political ser
vices he rendered in the work of Sc
curing n Democratic majority in the
State Senate elected in 1891.
His action at the time Is, of course,
differently viewed. one side contends
that 1t fitted the Judge for State prison
stripes; the other Insists that 1t entitled
him to the ermine. But all agree that
1t Is because OF that action that he sat
on the Bench by appointment, n hat
he now seeks to retain his seat by
election.
Setting aside all consideration OF the
character of Judge Maynard's act In
the matter of the Senatorial returns. Is 1t
fitting that n judgesnp OF the highest
court OF the State. a court whose de-
cisions are final and irreverslble, SO far
as the State laws are concerned, should
be bestowed as a reward for any poiiti-
cal, ana especially for any partisan. ser
vice? Is 1t not a fact that the render
ing Of "A partisan service that gives a
questionable advantage to his party
should be taken as the very best evil
dence hat a man Is INIT Tor a judicial
position?
In Judge Maynard's case there is
scarcely a pretense that his legal at
tainments, or the bent and structure OF
his mind, fit him FOR a judgcShip of any
court. far less for a court of such high
STANDING as the New York Court of Ap-
peas. No one would venture to assert
that he would ever have been thought
OF for the position, or would have re-
ceived the appointment or the nomina-
ton, except as n reward for his ser
viceable partisan zeal.
Hence the bare fact Is presented to the
people that they are asked to place on
the Bench OF their highest court Il partl-
san who has successfully performed "A
questionable political service for his
party.
Such n use OF our hilh judicial Offices
cannot fail to bring all law into con-
tempt. Even II the partisan service
rendered by Judge Maynard two years
ago had been far less questionable than
1t was II would s,ill have been an out
rage to have paid him with "A seat In
the Court of Appeals. or, indeed, In any
court of the State.
The State OF New York Will suffer II
Its vote sanctions the use OF the Bench
Of Its high Appellate Court as n pay
roll for political craftsmanship.