New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-02-27

Grant be appointed receiver in the above entitled
no further questions. suggested no one else as
receiver. made objection to Mr.. Grant. and
the following morning, without intimation TO
the parties or their counsel, appointed as re-
ceiver Mr.. John F. Carroll.
AS soon as counsel learned of this decision
and before the order could be entered IN the OF
fee of the County Clerk they filed consent to
order of discontinuance, and new action TO
foreclose the mortgage was subsequently begun
in Kings County. Mr.. Carroll. therefore, never
qualified as receiver
John F. Carroll is not unknown to the people
of this community. For twenty-five years be
has held various minor public offices, but so far
as the committee has been able to learn, he has
never had any mercantile experience His last
and most important employment was that OF
Clerk of the Court of General Sessions. lie re-
signed that post not long since to become as
sistant or deputy to Mr.. Croker as the head Of
the Tammany Hall Democracy In this county
the party by whom Mr.. Justice Fitzgerald was
nominated and elected to the Supreme Court
JUDGES RESPONSIBILITY.
While Mr. Justice Fitzgerald in appointing a
receiver for the Brooklyn Wharf and Warehouse
property may not technically have been bound
sci nevertheless, in disregarding the request OF
the owners of the property and their prlhclpai
creditors, he became peculiarly Dounu 10 o see 70
it that the person he selected was one WnOSe
character and experience gave every possible
assurance of fitness TO administer a trust at
once so important and so difficult
The application made TO the Judge was for
the appointment of officer to administer an
extremely complicated mercantile business car
ried on upon property which embraced more
than two miles of water front ana IN WhdCh do No No
valued at from $15.O00,0OO TO $3OWoVoV me
difficulty of such a task is we'll known 10 an
who are in the least familiar with the com
merce of the port of New-YOrk, and, indeed, II
abundantly appeared from the mere tact tnat
the owners of the property had been so far un-
successful in conducting their business as 70
have failed in earning their rent, interest anu
All the facts as to the extent and complexity
of the business Justice Fitzgerald must nave
known If he did not know then 1t was be-
cause he did not think it necessary to inform
himself by inquiries of counsel And yet, when
called upon by virtue OF his office 10 cnoose an
officer to manage this property, he eXer-
csed that high prerogative by selecting on ms
motion a politician engaged in no av0We9
of commercial undertaking, and whose most I'M
portant avocation lad consisted in keeping the
records of a criminal court.
These notorious facts have impressed the com
mittee with the firm conviction that II is the
duty of the association, both in the interest OF
the bar and the bench, to set on foot thorough
investigation to the end that all the facts may
be ascertained. and that such action shall then
be taken as may be suitable, having due regard
to the Judge and the great public interests that
are involved.
It is understood that Mr. Justice Fitzgerald
disaVOws political reasons or any direct inter-
ference by Tammany Hall. But there must have
been some motive mis- part. If he was in
1uenced by personal relations, by a wish to
pay political debts, party interference. how
ever indirect. he was guilty of misusing his
high office.
Neither this association nor any committee or
it's membership can effectually conduct any In
quiry into these subjects. The Assembly OF the
State is the only body which possesses the nee
essary power and authority, and are salts
| fed that the gravity of the occasion is sucn as
to require its Interference.
We therefore recommend that the association
do formally request the Assembly to make due
investigation, and we recommend the adoption
of the resolution appended hereto
ExECT-TIVE COMMITTEE OF THE ASSOCIATION OF
THE BAR OF THE CITY OF NEW-YORK.
JOHN E PARSONS.
ts-- GEORGE ZABfefSKIE.
ALBERT STICKNEY.
DAVID WILCOX.
3. BROWNELIA
S. SIDNEY SMITH.
G. L. RIVES
MICHAEL II. CARDOZO
CHARLES C. BURLINGHAM
JOHN NIL NASH
GEORGE WILDWOOD MURRAY.
HOWARD MANSFIELD.