New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-06-19
MAY PUNISH MR.. K ENNESON
SUPREME COURT JUDGES ANGERED By
HIS REMARKS.
ACTION SAID TO HAVE BEEN DECIDED ON
REGARDING HIS ADDRESS TO
LAW STUDENTS


LAW STUDENTS.
AS a result Of several conferences held between
the Justices sitting in the Trial and Special terms
Of the Supreme Court it is stated that steps are
to be Immediately taken seeking to punish Pro-
fessor Thaddeus D. KennesOn for his recent COM
ments on the judiciary in an address to the
graduating class Of the Law School of New
York University at the commencement on
June g In that address Professor Kenneson
declared that elevation TO the bench went by po-
litical favor and not by merit. He told the class
that no matter how profound their knowledge Of
the law was, that would never commend them TO
the boss" for nomination to the bench nor lead
the average judge to name them as referee. He
added that IT. the practice Of law in this city
there were many drawbacks which sprung large
ly from ignorance and political favoritism.
Several Of the Judges have felt bitterly ag-
grieved at these accusations which, they con-
tend tend to lessen the dignity Of the bench and
to undermine public confidence in the judiciary.
For that reason, It is reported, they have re-
solved that Professor Kenneson should be pun
ished II II should be found that he made his re-
marks recklessly and without evidence to sus-
tain them. The Judges maintain that II Profess
sor Kenneson is unable to prove his charges his
usefulness as an instructor has been impaired.
and that an example should he made Of him. 1t
is held that the particular part Of his address to
which objection is taken constitutes a fragrant
contempt Of court. making him liable 10 punish
ment The proceedings to he instituted against
him will be based upon the following passage
from his speech:
It is to tustice-not justice in the abstract. but
justice in the concrete-to the daily doing of JUS
tice between man and man, that you have de-
voted your lives. Surely earth has no nODer
calling-one only excepted-that Of the saving of
souls Amid the conditions under which at pres
ent the law must be practised in this city ana
the drawbacks which spring largely from igno-
rance and political favoritism upon the bench.
and which can never be wholly eradcated while
the present perniciOus system OF electing boss
dictated Judges by popular suffrage endures, II
may seem TO you Utopian on my part thus to
urge upon you the nobility Of your life calling
and the debt Of devotion you owe to 1t. Pro
found knowledge OF your profession, high Ideals
Of your calling never will commend you to the
boss for nomination 10 the bench nor lead the
average Judge to name you as referee. Such
things go by political favor and preferment. and
not by merit. As you face the bench you Will
frequently find, in the words Of former Presi-
dent. that it is a condition and not theory that
confrOnts you.
As the outcome OF careful deliberaton upon
these assertions on the part Of the Judges Of the
Supreme Court one Of their number acting in
his own name. but with the approval of his col
leagues is stated TO have prepared papers which
will be submitted to the Appellate Division or
the Supreme Court within few days
Professor Kenneson is the senior member Of
the law firm of Kenneson Grain & Alllng, No. Is
Willjam-st. and a professor In the Law School
~ New-York University He said yesterday
that he had no knowledge that proceed
ings were TO be taken against him for the
criticisms contained in his address, but added
that II the threatened action was brought he
would defend himself Professor Kenneson de-
clared that he knew OF nothing In his remarks to
the graduating class on June that would war
rant the bringing OF proceedings against him for
contempt by the Supreme Court