The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-05-10
THE GREET .iLnIxr scixDAL
Judae %. C,ay tIcrrick.- Mnir.u-,nre In tn.
Argus tnse.

Judge IIerrirk has granted n stay Of rro.
c~eedings in the 4 harry .irgHs case. The rcsul,
OF this decision IL to kccr Il minority vi tie
stockholders In coatrol o. tho rnprr and 10 So.
cure its services .or the Political faction .,
which the JuiEc is the acknowledged boss
! We doubt II any American Judge WAS ever e.
fore guilty OF 50 scanlaluus nn action.
When the Spccr affidavit was Ill Il. s!.ovfr
that Judge Herrick had ca!irl In tlo rcp.
resoutative uf tho purchasers o; tho
controlling interest in the .lry,S aai
warned him that the services NJ tDs
paper must 10 secured t. Tia, Jul.,4
political machine. no r%estpHs' WIS ma ID,
IL. Now the JUDI" ~shysthlt lie rrc civ :itne.i
Mt tho affidavit setting fnr;i the reason. 80
he should not nc; in tn" cas-. IA dtl not
comprehend its full import n the tine. t,lIi
there he n more clear condemnation of U.a.
SELF? He decided to a't In tlr ass .r-,t".
without reading the airilnvit seton. tort, as
reason why he was not CONF cent l.. ut'
And now he mrl''iy nrsrIt"ih.t 10" u~ii.ll,lt
gives u false ana di%s!,rtr N"r. ion ul'n,
conversation. between. Nlr.,Nt"es anu hlv."|.
but leaves The essential facts mni"u,l. .at
maintains thar. granting tnrir ar"ugu'y. i'i.y
do not iislulliS ntnI lro.n acting Iu'i .t.r,
The Judge pleads against tn" %aN.'rt :.
Sperr mn imaginary section ~ mat rn."ofins
morals Of good society which - near ALVIN.
invoked in behalf II inn ,%rility: .'Lir, -"n,
tl"mnn Will determine tor utmse!' Tia" .IvaIt
to be given t., tn" statements - II I,"r-" WHO
preien,ls I" disrl"..; IN the a nnnri y ne> n..n
ilDHe IN tElA east. Wutt TOOK L. ace at a t ll.t',
closed in the interview" In "tnrr word. I
II. ,,aly Hrrrick. as r%o!iii"ni bose 81 Allry.
undertakes to impose certain conditions -
service. and fall. and then as Ju.ls" II
the supreme Court una r'nS.. 10 ~'!crri>e va
OF the use Of your property altogether. boz
cause you would MT accept his conditions rs
gentleman to make AFFIDAVIT ns Ia tn facts!
there. my ny ' @r r1T" =, reSniH,iHn Of The f",t
ntIs "A - gentleman to f.rfntt unnshpr - .,pn-
tIennn ." in tho double capacity ui political
boss ana Snlrem" Court Juiis'. to .winhls
OF tue state nor the conscience ~ the p,r. t.,
recognizes the authority II such "a rule OF
The main g!lea male ny ,uHg. H.rfiick in
dalous for him to art ns Judge after The posi-.
ton he had taken ns political boss; aud that
Judge 10 resent the imrutation tlpt i. cannot
act without IRE udire by proceed ny to at,
per method of win floating the judicial c]naru'-
Ter. IL" .htrse "f Iarllaiity is very ,e'i' /
any reason set forth why his decis on in MAJ.
ticuiir case may be oren to suspicion; it is Dn.
test otfhi- indi"ial fines. is his refusal to 49,. ."'
WHY should hr force his personal ~ into 'us
issue ana make tn" blatant and a.grersiv" ~.
%.erti"n Of his integrity the main thing ami Ils-
tice. "a secondary matter It Is no part ~
Judge: business to challenge susp cion and
make his motives the "bIcct ~ attack, Tu"-s
isnonohier sight than n great Judge withstln =
ing popular "laE"r or rehabilitation ia urhtIt
OF the lrincinl.s OF law. hut the very JUDO
who may ~" relied uron for thu. rerinrman q
OF SO h"rot" y task Is the Judge who wouli hs
most sensitive in shrinking from tho suspicion
OF personal 1utrr"St or lartinlitv in the de-.
cision ~ n case involving property rights. y.
Cady Herrirk exhibits IA certain brn.cu and
reckless courage. hut It il % the kind that
graces the ward heelcr rather than the Judge.
He saws:
Irerari the whoe Proceeding as a deliberate a.temat
to intimidhte HNe and ro.rre my action la INK IN At
TO -inirch my rerutHtion asa Justice Of thus "oSrt It
leaves me M gItpruaE I'VE. Ms there has la,n nnpr s.1,p.
the threat vas rr.t conveyed TO inr. tut to near tie
motion ana decid g !, with. such importantly and iust.
ness AS can. regardless %. the con e lucnc-s to myself.
IL this plea were made honestly it woult
mean thnt tho best meih"d in which II Judge
cnn vindicn.e his integrity is to insist on trl.
ing "a cnse in which he Is Il party Mt interest.
History relates such instances in which con-
sricuous imrartiality was shown: but they
wer" exceptional. and tn" de .isiors were not
in line with sclf-interest 0s in tn" Albany case.
What has become OF the New York Bar As.
sociatiot which was SO eager in the pursuit u
MAYNARD