New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-07-10
LAW AND INSPIRATION.

AFR Justcc C;aynor continues 10 administer
iusticc and mercy In a manner calculated 10 at
tract attention. II not 10 enhance the dignity
Of the bench He has in his day done good work
for the people Of the city In which ne lives, Deeh
n significant and nj one time predominant
factor in libcraiing ii from the domination of
corrupt politics. The people rewarded him with
one Of the highest Offices in their gift. and are
prepared to hold his name in gratefui r'ihei"'
hrancc so far rs he will permit 1t without Inc
supprcSsion Of their sense OF nuinor' IL j.
hard 10 maintain hero worship IN the lace Oh
absur,itlcs In the enthusiasm OF moral move
ment and the Indignation at being Uich'u anu
Numbered people were not disposed 10 question
thc divine character OF the revelations OF
prophot or To complain because the medicine
man who healed their wounds accompanied MS
treatment with spectacular exhibitions ana intl-
,uafcly plous invocitons. They were WILING 10
conccle that there were some iniquities when
the Almighty would not permit. and that ne VINO
declared II was "A Daniel come 10 judgment
nui after all we are pro>aic people, anu
,houch We NAY now and then give heed 10
sn-.lnr transcendcntal vision. our mundane III
,,llfo.nc. prevents our giving permanent rever-
.r,. d. any soothsaycr who maintains contnu
u. relations with the unseen and has inspira
,ions with the frequency II a backsm'hs bel
lows.
The voters II the I'D Judicial District placed
Jus,ice Gaynor Oh the bench 10 declare III" law
~ II ls laid down IN the statute books. according
70 the time honor,I methods followed 10y MS
colleagues. and not to do missionary labor In be-
half II the Borrowing and the oppressed or 10
d..l,r. onew the moral order ~ the universe
Neither did they select him 10 deliver fopuhS'
orarions in his official capacity. That privilege
may properly be- reserved for the Justices or the
United States supreme Court No state court
however inspired or burning with the sense of
tyranny 10 be ovcrthrown. can hope 10 compete
with Justice Harlan in that sort of activity. ana
the Impcral State Of New-lOrk cannot AFFORD
T., MAY second fiddle 70 anybody even In the
matter of being ridiculous. Therefore II Is bet
fer that we should follow the old traditions OF
law courts. that logic should have preference To
rh.torlc I'm The preparation OF decisions. and that
,h.ir subiect matter should be confined IA the
,.,s.s in hand 1t Is pretty hard to consider scr
ously the legal soundncss If an opinion deter
mining an extremely simple point Of law when
f. contains such bits Of high keyed philosophz
Ing this.
From the Irregular and dsorierly trial Of Jesus
down 10 the present time history In almost every
generation affords Instances OF trials conducted
without due calmne-s and attention. In which some
,,,,.s the innocent and sometimes the guilty were
convicted: but Invariably In either case with the
Ike effect In the end. that the conviction was gen
orally deemed unjust. and proved more denorahzlhs
an, detrimental 10 social order than acquttal would
have been 1t Is maxim Of manliness ana healthy
human nature as old AZ thu Nrman race. that one
,.ho cannot b. convicted by iair play should not
be convicted at all.
II Justice Gaynor had reasonable doubt
whether or not the Judgment against McIAtgl-
lin should stand he was perfectly right In grant
inc . stay However much his decision may bc
regretted rs tending to increase the dflcultles
already enormous, Of administering the criminal
law in the case Of powerful offenders, the points
involved are purely legal, and how far Justice
,aynor WAS warranted In his conclusion that
some OF the rulings OF Justice lngraham ana
Iustic. Barrett were seriously Incorrect Is 4
question which laymcn will not attempt 10 de-
eide Neither is 1t pertinent to inquire whether
the appllcaton would have been granted If made
anywhere else, or whether the defence, having
under the new law only one chance outside OF
the trial court TO ask for stay, with careful
knowledge Of human nature selected It's FOUNTAIN
of legal wisdom. The stay Is granted us pro-
nricty need not be discussed. what does draw
4
attention and comment Is the remarkable IAN
image concerning ''unsecmly haste and pre-
clpitatc proceedings Of fcllow,Iudgcs which 1t
contains. When the enthusiastic and inspired
champion OF the people took seat upon the
bench the advocate and the scrmonlzer were ex-
nectcd not to intrude into the judicial system.
When last fall the call Of Democratic State
Convention was hanging fire nobody was dis
uoscd TO be oycrcritcal about the manifestations
Of the fever Of impending greatness. But there
l. nothing Of that kind going on now There Is
no call for leaders In war against tyrants or to
establish on earth an angelic hierarchy. The
trial before Pontius PLATE has absolutely no
Mace in the legal lore Of the State Of New-York.
Justice Gaynor should call himself back from
the contemplation Of his own inspiration to the
Main Interpretation OF the statute law