The Waco evening news. [volume] (Waco, Tex.) 1891-1894, 1894-01-20
,,oRNBLOWER'S DEFEAT.
,omnetency and not Senate
nv ,,ICourtesy Caused 1t.

u,r,blower acted as referee IN an
or,ant suit and the supreme
~. If New York skinned him
,;,o From the New York World
~ rresent its opinion reviewing
Ar uornblower's judgment:
s rrGAL JUGGLERY AND MICRO
NANCY.
..The decision will be found re.
o~,.d IN 1877 N. Y, SAP, and is as
Hollow:
:" Earl, determination of
this case upon this motion for re-
.roument sati.fes us that we made
~ ms.ake ia our decision. No
milo of law or material fact was
overlooked or inexperienced.
g Tine notes used by Garrison
fl, ,ne purchase of the second
mortgage bonds of the railroad
company, or in exchange for such
honds. were used either rightfully
pr wrongtully by him. There is no
oretense of any contract between
him and the plaintiff under which
hey were used, or of auy contract
uuder shiyh he agreed TO pay or
allow the plaintiff any particular
,um or price for them. Even if
Garrison used them with the tacit
consent of the plaintiff, we know of
no lule of law which imposed upon
him any liability to allow for them
w. more than their value.
"'By what kind of legal iagglery
IAN G .rrison be charged with the
bar value of these W rthless notes,
n the absence of any agreement that
he shou take them at That value,
br of any proof that the plaintiff was
damaged 10 the amount of their full
valu, by the use Garrison made of
henri
"ln this equitable accounting be
ween these parties by what kind of
ecromancy can these worthless
pieces Of Taper be transmitted into
buIe gold? There is certainly no
proof and no finding of fact in this
ecord upon which this enormous
klaim Of the plaintiff can be based
"In our former opinion no point
vas discu.sed aud no position taken
Whuh was not fairly embraced
rithin the record aud presented by
ycepaons properly taken.
"The notion should be denied.
GAN concur"
JUDICIAL INDIGNATION.
Summing up his adverse crit cism
Mr. Hornbiower, and reviewing
be opinion written by Chief Justice
Iarl, Mr.. Dsy has these things &c
BY:
"The chief justice of the court OF
ppeals has pronounced the judg
pent rendered upon the report q
Referee Hornblower to be 'lllega
nd u Just, has char actefiz d hi
roposluons a. being startling and
preposterous, and has given an illus
Fatlon showing that these PROPOSE
ions would lead to grotesquelN
bsurd results. He further declare
pat these propositions had no sup
ort ffom~the proof in the case, o
yen in the finding of fact made b.
be referee, ana implicitly assert
pat the method, adopted by tn
eferee in arriving at his conclusion
eserve the appellation of 'necrom
ncy' and illegal jugglery.'
Where, IN the decision of an
curt of last resort, either state o
ederaI, viii there be found an,
eclslon containing censure Of Jui
al action as emphatic and as otte
epeale As Is found in the oplnio
the chief justice of the court o
Ppsals Ii is further 10 be born
MUD that Chef Justice Earl is
an VINO has repute for his kint
ess OF manner and temperance {
Peech no less than for his varie
pa accurate learning. The lal
uage OF reproof contained in Ii
tclsion ID the manifestation of tn
ct that he was provoked to jad
al Indignation by the action OF II
leree, 1t is still further appsrei
pay TINS language of reproof W