New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-09-21
BAR ASSOCIATION ACTS.
WILL, CONFER WITH THE POLITICAL
PARTIES ON JUDICIAL NOMINATIONS.

take looking To the denomination or Justices DAILY
and Cohen fer seats on the bench of the Supreme
Court OF the State, and decided ultimately not
directly 10 commend as a body the nomination Of
the two Justices hut to endeavor to bring about
that end through the medium OF committee. which
would confer with the political organizations,
The discussion throughout bore entirely upon the
question as to the position it would be most adj
visa BILE for the association TO adopt. The sentiment
in favor OF the denomination OF justices Daily and
Cohen II was apparent was unanimous The con-
troversy was as to the surest means OF securing
their denomination. and although the element was
strong and forcibe of speech in favor Of publicly
committing the association to the support of the
Two Judges the majority OF the members decided
that the interests OF the suggested nominees would
10 better served by propiatng the party organiza-
lions by approa ching them with suggestions instead
Of coming hatfooted and practically demanding
the selection Of Justices DAILY and Cohen as candi-
dates for the Supreme Court
Inward of three hundred members attended the
meeting which was held in the associations hail.
az No q West Forty fourth-st. Peter r. Olney
presided The stated purpose OF the meeting was
90 take such action may be timely ana as the
association may deem necessary and proper nrs'.
upon the proposition that judges who have served
acceptaby should be reelected ano' secoha' III
respect of candidates for election TO judicial Of
ece IN the County Of New-York In November.
1895"
MR. FULLERS ARGUMENT.
Paul Fuller as the principal spokesman Of the
marty DESTROYS OF pledging the association to Sc
cure the denomination of Justices Daily ana Ooheh'
and Of Hamilton Odell to All the vacancy 10 DE
caused by the retirement OF Justice Pryor. was
Arst recognized by the chairman. AT the outset
az, r,,,uor hv references 10 the constitution of
,ha association and TO the first address issued by
the Executive Committee proceeded TO JUSTIFY inc
nost,on which he later urged the organization 10
take one of the fundamental objects OF the asso-
citation he contended, wa. to secure the pu'ihca
,,o, and elevation OF the bar. and. ms natirai
osoouence Of the bench Unless the association
os a hodv lived up TO that object by It's voice ana
efforts Mr. Fuller declared. 1t was useless
..1,ho associaton" he went on. must give It's al
tenton fearlessy and continuously 10 the seiec|o"
Of proper candidates for the bench IL must not oe
so,iseed with contenting itself to decide between
two unsatisfactory candidates placed IN nomiha'ioh
h Do,i,ical narties II must assert its power UNTIL
49, degrees the bar attains the control OF the APP
,op,ment and nomination OF members or me
bench Silence is sometimes as criminal ms words
and II is time for us now TO speak
After touching briefly upon the merits OF Justices
DAILY and Cohen Mr.. Fuller proposed the following
resolution: ~ o,
on The bench Of the Supreme Court. which are 10
be hsS at IN" behooves this association in vndica
ton Of the main purposes OF us f9undaton 20
chsracter Of the bench II is 49,,
Resolved BY the Association OF the bar OF ,he
IT,. ~ Nev-York that the best interests OF the
Cn m3 require the denomination and the cleo
ton of Judges who have acceptaoiy discharseu ''e
dqties Tt nT That the best interests Of the
mun NUM- eeered only from members OF the bar
whose careers furnish unmistakaole evidenSe Si e.
pacity and fitness to discharge the uu'es VI INV ''
Whereas the terms Of office Of TIE Hon j }0Gess
OF the Supreme Court, expire with the current
!ea 500 60 hath iudpes named have been put In
no neaeS ton TO succeed themselves and whereas
hey have ed du Gh. t Of their oce bs as
Resolved That the Association OF the Bar Of the the
M Of pa nd the The Hon Wa G1
Cohen as Judges Of the Supreme Court and com;
To mea a c hsT nS %Rn r. al % anu
Whereas Hamilton 0ae esq has 6eGp bn pI Hon IN
III Ss s2e 9d 6T' 1SEns Sf
capacity and character such as 70 TT MIN 10 as
Resolved. That the Association Of the Bar Of the
CITY Of New-York approves The nomination Of
the Supreme Court. and commends his nomination
TO all political bodies and to all citizens within the
The resolutions further directed that the secre-
tary transmit copies the appropriate commit
tees and 10 the judiciary conventions of the vari-
Gus political bodies within the judicial district and
10 have the same az widely published re possible
COMMITTEE RECOMMENDATIONS.
Everett p. Wheeler referring to the fact that
the Committee on Judicial Nominations had been
instructed by the association in May last 10 con-
slider and report upon the matters raised by Mr.
Fuller suggested that IL would be appropriate ~
have the report % that committee read Atter
the chairman had pointed gut that the report
was not debatable. Elihu Root. the chairman OF
the committee. allowed 10 read the report
which first outlining the proceedings Of the BODY.
closed by recommending the following resolutions;
Resolved That the Association Of the Par ~ the
City of New-York approves The principe o. re-
tanning upon the bench Judges whose Jndiclal
services have shown them 10 be faithful and ca
pabe and that in The Interest Of ,he ~
the law such Judges ought 10 he renominateH ana
Resolved That the Committee on Judicial Nom
nations be and they hereby are. Instructed 70 CO.
Kissing upon and II possible. securing such nom
nations for the coming election
Mr. Root offered this resolution as a substitute
for Mr.. Fnller's and said in the course Of sup
porting address: In it's initial stages that report
and the resolution recommended went much further
than they go now They went 70 me extent lbo OF
they should apply. But further reflection and
upon the earnest representation or friends oil the
gentlemen It was finally agreed TO make the reso-
luton an assertion Of a principle. and go not 10
depart from the rTncnrp Of nroDsr
nominations but not 10 turn tho association INTO
* considera ton which also actuated us was that
on our part would d ere IN 'h nvo very ~
the gentlemen named by Mr.. Fuller. we RETAINED
from taking steps which might defeat our purpose
and lead 70 Messrs. DAILY and Cohen leaving me
bench the end Of their present term We shaIi DC
taking new departure, startling IN us characleri
~ We turn ourselves into a nominating power. ana
therefore the committee did not feel itself 1usthen
In advising the association 10 take tnal c91isc'
On the other hand. the committee felt II conid GO
cure the nomination OF these gentlemen by one OF
the political parties. This IS what We want TO do
to keep them on the bench, TO prevent them beng
the recommendation which we do
PROBABILITIES OF RENOMINATIoN
Az Mr.. Root resumed his seat John jay Chap
rose and asked: "Why have You any belief
that either or the political parties will nominate
these men. and why do you think either party VIII
be offended by making these suggcs'ionsT
~ believe the parties referred 70 arc The Demo