New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-10-02
VAN WICK IN THE RACE.
THE JUSTICE RESIGNS HIS PLACE on
THE BENCH
HE DECLINES. HOWEVER. TO TALK OF THE
ACCEPTANCE OF THE NOMINATION-TO
RECEIVE THE NOTIFICATION
on TUESDAY.

Justice Augustus Van Wyck set at rest all
doubts as to whether or not he would accept
the Democratic nomination for Governor by
sending to the Secretary Of State yesterday af-
ternoon his resignation as Justice of the Su-
preme Court. He wrote the resignation after
long consultation with his brother, Mayor Van
Wyck and with James Shevn The personal
representative Of Hugh Mclaughlin. The fol-
lowing is the resignation:
To the Secretary OF State of the State OF New
Sir: herewith resign the office Of Justice Of the
Supreme Court of the State Of New-fork, in which
al" no" serving fesPfG1sH APTGusTHUs s"vls VAN WICK
The formal resignation was inclosed with the
following letter to the Secretary of State:
October l. 1898.
Hon, John Palmer. Secretary of State OF the State
Dear Sir: Inclosed herewith find my resignation
for the judicial office in which am nov serTing
f@y @ 5$SSn yoas and ming ArGtsTTs 5Rs Ss yAS WYcK
No. liz Hancock-st.. Brooklyn. y. Y.
THE LEADERS ALARMED.
The rumors that Justice Van Wyck was hest
tating about accepting a nomination that dealt
death blow to his real ambition, and left him
the empty and expensive honor Of making a
hopeless race for Governor. had somewhat
alarmed the State leaders, especially Richard
who were only too painfully aware that if the
! Justice refused 10 run. David B. Hill might
name his successor. through his control OF the
new State Committee
The newspaper men who we're waiting at the
house Of Justice Van Wyck, at No 1I2 Han
cock-st were rewarded at noon by seeing H.
Walkeley enter the house. From the fact that
young walkeley is private secretary to
Senator Murphy, the conclusion was drawn that
he had gone to New-York to get for the Sena-
tor an authentic statement Of some sort from
the man to whom the Democratic State Conven-
! tion presented an unwecome honor.
II was an hour later when Mayor Van Wyck
! walked brlsky to his brothers house and was
! at once admitted Almost at his heels appeared
James Shevlin, representing Hugh Mclaughlin.
| Just what these representatives OF the bosses
said to Justice Van Wyck. or what he said to
| them cannot be recorded; but the result OF the
! conference was the resignation as Justice. and
undoubtedly also the agreement Of the nominee
| to become the candidate.
There were those who interpreted the haste In
/ getting Augustus Van Wyck's resignation from
/ the Supreme Court bench varously Some
| thought # was the desire to make the Justice
! take the step that would most certainly put the
! longed-fo Supreme Court nomination out OF his
mind and place him in position in which he
could no longer ask for that nomination
others held that the Democrats were alarmed
! by the uncertainty Of the law covering the NIL
! ing OF the vacancy that would. be made by
/ Justice Van Wycks resignation. The Constitu-
! tion SAYS that no vote cast for a Supreme Court
Justice, except for judicial place. is valid
THAT would seem to Indicate" said a politl-
! cian Chat Justice Van Wyck had till election
day 10 resign In order 10 make him eligible for
election as Governor. AS his term expires on
December 81. of this year. and his successor
had 10 be elected I'm November whether he re-
signed not, II was thought that Governor
Black would fll the vacancy by appointment
until January l. 1899 when the regularly elected
successor would be chosen"
ANOTHER PROVISION
But another provision Of the Constitution has
been quoted, TO the effect that when vacancy
on the bench arises other than by an expira-
ton of term of office. it hall be filed by
temporary appointee of the Governor. who shall
hold office till the January succeeding the hrst
election that occurs not less than three months
after the creation Of the vacancy. 1t is asserted
in some quarters that this would permit the APP
pointment Of temporary incumbent 70 hold
office till January. 1900. In view OF this. the
Democrats wanted to clear for action by having
Justice Van Wyck resign at once.
The Justices friends say that he resigned
chiefly because he wanted 10 enter the cam
paign actively.
In order that her husband may be free to
stump the State Mrs. Van WycK is planning
70 stay during the campaign with her daughter,
Mrs. William J. Osborne in Manhattan 1t is
said
II was go r. m when Justice Van Wyck in
person handed to the reporters a copy Of his
resignation. He was asked whether ne was
going 70 accept the nomination for Governor
ana replied that he did not have time TO answer
the question as he had to go with his brother
to review the Brooklyn war heroes.
WOODRUFF AND VAN WICK MEET.
When he reached the reviewing stand at the
Plaza lie was espied by Lieutenant Governor
Timothy L. Woodruff who walked up to him
and grasped him warmly ny the hand. The
greeting was cordial ana the people around the
reviewing stand chaered Justify for both OF
them. They had met before frequently at the
meetings Of the Board Il Trustees OF Adelphl
College. Of which the Lieutenant Governor Is
PRESIDENT and the Justice a member
well. Adephi will stand all right whenever
way it goes" said Justice Van WICK
"On that score" replied Mr.. woodruff, l
think Adelphj would rather have a Governor
than A Lieutenant-Governor
The Justice smiled and answered.
But however IL goes. Adelphi VIII he all
Then they both smiled shook hands. and
separated. 49,.
When Mr. Shevlin was asked whether the
nominee would accept he said:
ives of course. We went to Syracuse deter
mined To show that the Kings County organiza-
,ion had NOT lost its identity. When II was
shown that neither Herrick nor Earl could he
nominated we decided II bring out Justice van
Wyck Croker was willing 10 take MN out M an
at 6rst der1urred We appealed TO him on the
ground of an old friendship for him. ana ne
finally consented 10 take Justice Van Wyck as
q compromise a., o,,.
AFTER the review the Justice and Mr Sheviin
had a conference lasting two hours. III was ue-
cided that the Justice make Brooklyn MS heah.
quarters for the campaign. The Justice spent
last night in this city with his son-in-law
II was announced last night by senator Nc
Carren at the Democratic headquarters IN .he
Uo0man House that the nominees on me
Democratic state ticket will he formaly IN