New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-10-16

was general. his claim to be retained and the
public interest in having him retained were so
clear upon the one hand. and the reasons Tor
his rejection were so definite upon the other,
that an issue is presented with startling dis
tinctness which cannot possibly be evaded Ihe
votes cast for and against Judge DAILY at the
coming election will advise all the judges OF our
courts what the people of this city wish the
tenure of judicial Office to be-whether oficlai
subservency TO the personal directions OF poH,i-
cal leaders is the title 10 continuance IN Juul,
cial office. aginst faithful service. proved
capacity, independence and courage. I pom TINS
question the Bar ought 20 be heard with no ui..
certain voice. silence and submission now
would presage the destruction OF judiclai mae
pendence, a subservent Bench. coWardly bar
and people deprived of the .afeguards OF I'D
erty. property and personal rights. whlch Tree
honest and courageous courts alone can give.
Your committee recommends the adoption OF Inc
following resolutions:
Resolved. That the Rar Association OF the
City OF New-York condemns the refusal or the
Democratic Convention to recognize the pin
ciples declared by the association, ara 20 nom
mate Justices DAILY and Cohen up2n me de-
mlnd OF the Bar. as evidenced by the peu'loh
signed by over 5000 OF its members. both IN
and out OF this association. and without regard
10 party affiliations. ,-,
Resolved, That this condemnation IS especial
~ due in the case of Justice Joseph r. Daily, IN
view Of his long and faithful service ana the
overwhelming testimony borne TO ms capacity
Resolved That the refusal to nominate Judge
DAILY is a direct attack upon the independence or
the bench because he was rejected for the rea-
son that he would not permit his official action
as a Judge to be controlled by the personal di-
rection of political manager. and because the
nominating committee obeyed the direction OF
that political manager, against the claims or
faithful service and proved fitness against
great public demand and against the plain pub
Tic interest. That 10 resent this attack and to
ofa 60 N y,
every member Of the bar end every citizen who
desires that his rights shall be protected by an
independent, courageous and honest judiciary.
Resolved. That David Leventrtt is not fit
person to be a Justice Of the Supreme Court.
Resolved That a committee of fifty members
Of the association, with power TO add To thelr
number he appointed by the president, charged
with the duty of actively promoting the canvass
and election of Judges Daily and Cohen, and to
cooperate with any committee from the par al
large or otherwise. constituted for the same prr~
pose.
Resolved That the Executive Committee be
and it is authorized TO appropriate for the eX-
penses of such committee out If the funds OF the
association any sum not otherwi appropriated
which the Executive Committee deems neces-
sary and proper.
Respectfully submitted.
ELIHU ROOT
EVERETT =. WHEELER
JOHN DE WITT WARNER,
WILLIAM EDWARD CURTIS
HENRY W DE FOREST,
EDWARD r. WHITNEY.
Dated October II. 1898.
After AIR Root had moved the adoption o. the
resolutions contained in the foregoing report.
Clifford ". HartridFe opened the discussion by
counselling the association not to depart from
It's traditions and enter upoa path of political
partisanship. He endeavOTed to show that the
committee bassed from a Republican poiEt
of view because it had met in Mr.. Lauterbachs
office He attempted to justify Mr. Crokers re-
lection of Justice DAILY on the ground that the
latter had shown wan; of gratitude to his party,
and said that there were other men OF equal
ability who should have an opportunity to show
their talents the bench
Elihu Root decidedly cOunteracted Mr.. Hart
ridges talk about bias when he told that five
out of the seven members OF the committee who
had drawn up the report were Democrats and
that while the committee had met in Mr..
Lauterbach's office 1t had as he explained amid
great laughter met twice in Tammany Hall.
JUDGES IN TWEEDs DAY.
Everett +. Wheeler in the course of a strong
speech in favor of the report. said
We who are old members Of the bar can remem.
Der when some OF the Judges OF the supreme Conr,
m by ana Ss one OF them
had an interest IN case was s deGdeG The nUl br1n
mooney would influence decisions and consequence
corruption, but bribery
Mr.. Wheeler went or TO intimate that the ac-
ton of the Tammany politicians might lead TO
similar condition. because when political |
leader starts 10 drive judge as he is now try |
ing to do. from bench. he won't stop there
but Will proceed 10 demand decisions In cases
This leader frankly says-and it is a holder
thing than Tweed ever did in his palmiest days
that the man elected by Tammany Hall must |
abide by the dictates of Tammany Hail. and |
tina, means its leader
Arthur Jewell, Democ attic LAWYER who had |
pleaded with Mr. Croker foc the denomination |
for Justice DAILY. said that he had good reason |
10 know that the Tammany eade- refused the |
requests put TO him on behalf Of Justice DAILY |
because of deep personal grievance and dis |
like.
The discussion carried for another |
hour. and then the first three resolutions were |
put to a vote and carried with practically no |
dissent.
Then oams tie resolution condemning Mr. |
reconsidered and the SUBJECT reopened for dis
cussion. the resolution being finally adopted |
Abner c. Thomas in urging thai the motion |
should not be carried. warm in his praise |
of Mr. Leventritt and asked for more explicit |
causes and reasons for the introduction Of the |
resolution.
Mr.. Wheeler supplied the explicit details. Co |
ing back 10 the lime when Mr.. Leventrltt was |
q member of the firm Of Newcomb Il Ierentritt |
he said that firm in procuring a divorce for a |
singer named Pauline Lucca, had been guilty ]