The sun., 1898-09-12
FOR THE SUPREME COURT.
lLEN PROPOSED FOR THE THREE
VACANCIES TO he FILLED.


JuBtlce Dnly-ChRnees OF Justice Cohen
Outlook for Union on Nominations.
The consolidation Of the Superior and Com
mon Pleas courts with the Supreme Court
went into effect after Dec. 81. 1925. and In that
year. as last year. three Supreme Court Jus
tlccs were elected In the First. or New York
county, district. II so happened that In the
two years. in 1895 and 1897. the Tammany
local ticket was successful, though defeated
In the two preceding years. 1894 and 1896. In
1894 the opponents OF Tammany Hall made a
clean sweep OF the political board. and In the
election of 1890 the burden OF BrYanism car
ried down not only the Democratic Presi-
dental and State ticket In New York city.
but the Tammany local candidates as well.
1t also happened that in both the years in
which Tammany Hall won there we're three
Supreme Court Justices to be elected and in
each year Tammany Hall went outside Of its
ranks and into tho camp Of its political oppo-
nents for one Of its candidates. In the cleo
tion Of 1895 the German American Reform
Union furnished the outside candidate on
the Tammany Hall ticket In Charles II. Mac
Lean. who was In the contest Of tho year
preceding one Of the most active Of the OPP
ponents Of Tammany. In the election Of
1897 Tammany Hall went outside OF its or
ganization to the State or National Democ-
OF its nominees for Supreme Court Justice.
Mr., Scott. Corporation Counsel at the time of
his nomination. was. like Mr.. MacLean, an
opponent at the election preceding his nomi-
nation Of the organization which put him
in the field. AL politicians especially New
York city politicians have memories and there
is general expectation among them that
this year. when again three Supreme Court
Justices are to be elected. one Of them. at
least. will be chosen from outside the ranks
Of TammanY Hall. The three Justices whose
terms expire are Joseph F. DAILY. elected in
1884; William N. Cohen. appointed by Gov.
Black to flll vacancy. and Roger A. Pryor.
elected in 1890. whose term expires through
the operation of the age limit, which retires
Judges moro than 20 years OF age. Justice
Cohen is Republican. Justice Pryor is ineigi-
BILE for denomination. Justice DAILY Is O candi-
date for denomination, but with as yet no
certainty OF obtaining It. for reasons which
have been fully described In The Sun.
Justice Joseph +. DAILY enjoys the distlnc-
tion OF twenty eight years Of consecutive and
uninterrupted service In what Is practically
the same tribunal to which he was elected In
1870. In the contest Of that year Justices Van
Brunt. Robinson. Larremore and DAILY were
elected Justice DAILY was reelected In 1884,
and he Is now completing the second OF his
SWo Vi AOuIVoeu years. UuSJlCo
man. one Of his colleagues. was first elected
a year earlier. but his service has not been un-
interrupted, and Justice Barrett was elected
a. year earlier than that. in 1868. but his Judi
eial service. too. was interrupted. Justice
DAILY has served conseeutively since his first
:, For the post now held BY Justice Daily II is
thought most probable IN Tammany n Hall II that
organization candidate. and the name Of Mr..
Mhalen is included always in the list OF those
Without seeens or waoae Gens
go to others. Though frequently mentioned
:ressional II iesisative. Judicial or exeCntive. he
obtained obtained his first appointment as C3mmiss.
Gilroy administration and was one of those
who was retired through the reform wave. On
ssn Ss snd ast ne was G0
politics that the Corporation Counsel of New
York ekBects 70 be md ultimately gets to he
have afterward become Judges. the list in re-
cent years includes Richard O'Gorman.
9Bren. Franeis f. Scott Snd Henry S5sqRn
Beekman. Two other reasons. apart from the
question OF political precsdepti why In the
year by 1Tammany Hall are these: Senator
Ellsworth anti-press law took formal leave. as
he said. OF the Legislature. in the Senate of
IS Sd
and his aspirations. which turned one year
ago to the District Attorneyship and were very
the office Of Corporation Counsel. and the pro-
motion Of Mr.. Whalen would leave an open
kestne or soa o Sen Ja@es
Keating. more familiarly known among Tam
many politicians and eontractors as the Com
ss|astoFs SIR, nD@lnstion il il ths FSaFseeqth $is;
politicaI a@bitions III @ Of KestinS. % Jr ' and this S
furnishe5 politicians think. another reason
fer Sss % Of M Wh
the, Supreme Court next year in this district.
and one Of these arises from the expiration OF
It is a matter of political knowledge among
those familiar with the trend and course OF
Mayor 'fa Van #yek of oi former K me Rssemblymsn an
Co%missio9er the Hon. Edward Tauter6aeh
Rnd q eject T. sa q puPS S5s tb5s
co Gohen M as Ras
the Tammapy ticket this year There is. it
the Il Oily CITY Cub men, whose abRorrence % &C Of % deals
Is not only second nature but third and
fourth nature. too are in favor Of the nomi-
ability as q Judge. Moreover, the nomipa;
tion 81, Republican on the Tammany Hall
year the Republicans nominated Justice Van |
Brunt on their ticket for the supreme Court,
ana III may DO btlu LDaJ one BOOu
turn deserves another The uncertainty OF
the nomination Of Justice Cohen by Tammany |
arises from tho lessons of experience in like |
matters. The Republicans had control OF the |
Albany Legislature OF 1885. There was Re- |
the bench of the Court Of General Sessions |
having arisen through the death OF Judge |
pointed to Ill 1t, Judge Alllson's record was
and hs A was s known to be can,
the support OF the Republican. organization.
Thereupon theproposition,w was made by Tam
many representatives In the Legislature for |
the creation Of an additional General ses-
success OF Judge Allison, entered into an |
whereby heshonld be renomi;
that Justice Cohen shall be, and that new
Judgeship would be created by the legisla-
ture, The new Judgeship was created. but |
when the Tammany, nominating convention |
assembled Judge Allison was not nominated. |
He ran on the Republican ticket, but was de- |
feated and Tammany Hall elected two JUDGES. |
one IN place of Judge Allison and the other to !
tuse.