New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-02-26
LAWYERS TO DISCUSS 1T.
BAR ASSOCIATION AND JUSTICE FITZ-
GERALDs APPOINTMENT OF CARROLL
GREAT INTEREST IN THE MEETING TO-
NIGHr-FRIENDs OF THE JUSTICE To
RALLY TO HIS sUPPORT-WHY HE
NAMED THE TAMMANY MAN


RALLY TO HIS sUPPORT-wHY HE
NAMED THE TAMMANY MAN.
Great interest was aroused yesterday by The
Tribune's exclusive announcement that the Bar
Association would investigate the recent action
of Justice Fitzgerald. of the Supreme Court. in
appointing John F. Carroll receiver for the
Brooklyn Wharf and Warehouse Company.
special meeting of the Bar Association has been
called for tonight for the purpose of discussing
the matter There will be a large attendance
at the meeting 1t is believed and full discus
sion of Justice ,F1tzgerald's appointment of Mr.
Carroll is look-d for. Lawyers and business
men of this city are eagerly awaiting the result
Of the meeting. 1t is recognized that the de-
termination of the association to investigate
Justice Fitzgerald's procedure is fraught with
the greatest Importance Although the asso-
ciations action is not without precedent yet
lawyers, speaking from recollection yesterday.
said that not since the time of Tweed had the
institution felt itself called upon to inquire into
the official acts of a Justice of the Supreme
Court
Just what the outcome Of t6-night's meeting
Will be Is entirely a matter Of conjecture Mem
bers of the associa ton who were seen yesterday
observed the greatest reticence upon the sub
iect Of the step taken by their organization, and
would not commit themselves 10 an OplIllOH dS
TO the probable result of to-night's meeting.
One of Justice Fltzgerads supporters. however,
said that he had reason to know that lawyers
generally in this city were not in sympathy with
the movement which eliminated in the calling
of to-night's meeting, and that therefore any
attempt TO pass adversely upon the motives
which may have Influenced Justice Fitzgerald to
appoint Mr. Carroll to the receivership would be
voted down.
MIR. DELAFIELD SILENT.
Lewis L. Delafield, secretary Of the Executive
Committee Of the Bar Association, declined to
give information as to the manner in which the
attention of the committee called to the
case or as to the reasons which induced the
committee TO call the special meeting of the as
sociatlon. 1t is believed however. that the Bar
Association was urged TO action by the commit
tee Of the City Club. On February Wheeler
H. Peckham the president of the City Club, was
authorized to appoint special committee OF five
Ito take such public action as in their Judgment
is justified" regarding Justice Fitzgerald. Prior
TO the adoption of that resolution Mr. Peckham
had spoken of the appointment of Mr. Carroll as
an Indication that political consideration had
influenced Justice Fitzgerald. In the application
for the appointment of a receiver for the Brook
lyn Wharf and Warehouse Company the counsel
had united in asking for the appointment OF
Hugh ]. Grant, the eX-Mayor The Justice took
the papers. That night, it is said, Mr.. Grant re-
ceved a message that Justice Fitzgerald would
| be at home that evening. Mr.. Grant did not
call. The next morning, without giving any
warning to the parties their counsel. Justice
| Fitzgerald appointed John F. Carroll receiver
Counsel thereupon united in a motion for the
dismissal Of the action and their representations
were such that Justice Fitzgerald was COM
! PEELED to issue an order disseminating the action
/ Mr Peclham delayed the appointment of the
tion until a few days ago saying that he de-
sired to make sure of the services of young men
who would take interest and show zeal in the
| case.
NAMES NOT MADE PUBLIC.
When Mr.. Peckham seen at his home last
| night by a Tribune reporter he declined to make
| public the names of the men whom he chose as
| the committee. He refused further to answer
any inquiries concerning the step taken by the
! Bar Association to say whether the City
! Clubs committee had Joined in urging the in
vestigaton. Il will not say a word of any kind
| about the matter" he emphatically declared.
Friends of Justice Fitzgerald in the Bar Asso-
! citation will attend to-nights gathering in force
! and will seek prevent any condemnation of
| his action being passed. 1t is known that they
| have been doing their utmost to prevent any
| action by the association which could in any
| manner be construed a a reflection upon the
Justice. When the City Club took action with
| reference to the receivership appointment a
movement was started similar to the which
will engross attention tonight. 1t was checked.
however, it is said, by the Justices friends, who
urged that ii would lie unSeemly for the asso-
citation to put itself in attitude of hostility
toward a Supreme Court Justice without being
| in possession of all the facts. Two of Justice
| FitzgeraId's warmest supporters at this time
| are Judge Warren w. Foster of the Court of
| General Sessions. and Assistant District Attor-
ney Maurice B. Blumenthal. Recently the latter
called a conference of Tammany lawyers and it
was reported that effort would be made to
| have Mr. Peckham adjudged guilty of contempt
in case the City Club took any further action.
1T is true Mr.. Blumenthal said yesterday
when he was seen at his home, No. 53 East
| Eighty third-st.. that 1 recently called con-
| ference of lawyers to consider this attack upon
Justice Fitzgerald but it is not true to say that
| II a conference of Tammany lawyers. AS a
| matter of fact, l did not know the politics of
| more than ten fifteen of the men who at
| tended that meeting. This effort to besmirCh
| Justice Fitzgerald Is deprecated by lawyers of
all political Affiliations am not eXaggerating
| when I say this, because 1 have received hun
dreds of letters from men practising at the
| New-York bar strongly protesting against the
| movement publicly to assail Justice Fitzgerald S
| character. Most Of the lawyers in this city re-
| gret that such attack should be made. be-
| cause it has the effect of impugning the integ-
| rity Of the Supreme Court and to bring II into
| disrepute in the minds of the people So far as
! understand, the movement in the Bar Associa-
| ton was started by a few individuals who seek
| to strike through Justice Fitzgerald at a poti-
| cal organization to which they are opposed
WOULD NOT SAY WHAT WAS DONE
Mr.. Blumenthal declined to say what was de-
cided upon at the conference referred to- and
when asked If had been resolved to make any
reprisals upon the Justices antagonists, he re-
| piled, Il am not at liberty to say what was
| done"
| Judge Warren w Foster was away from his
home No 435 East Fifty-seventh-st yester-
| day.
To Tribune reporter who called upon him at