New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-02-27
BAR TAKES NO ACTION.
REFUSES TO CENSURE JUDGE
FITZGERALD.
RESOLUTION MOVED BY EXECUTIVE
COMMITTEE Is DEFEATED BY
VOTE OF POI TO 145, AMID
GREAT APPLAUSE

/ would ask If there Is any one man here
who thinks that III these charges were taken
to Albany, Justice Fitzgerald would be i'm
peached. 1 do not believe that an impench-
ment of Justice Fitzgerald is going to result
from ANYTHING we do here.
A. B. BoARDMAN.
Law partner Of Senator Patt's
That sentence drove the last nail in the coffin
of the following resolution, moved at a largely
attended meeting of the Bar Association last
night by that body's Executive Committee after
an inquiry into all the circumstances surround
ing the recent appointment of John F. Carroll
by Justice Fitzgerald, of the Supreme Court, to
be receiver of the property of the Brooklyn
Wharf and Warehouse Company:
Resolved, That Special Committee of fifteen
be appointed by the President, and of which he
shall be one, to ask the Assembly OF the state
Of New-York that it will be pleased to inquire
into the circumstances attending the appoint
ment by Mr.. Justice Fitzgerald of John F. Car
roll as receiver of the gagged property of the
Brooklyn Wharf and Warehouse Company, to
the end that such action may thereafter be
taken as is required by the due administration
of justice, the dignity of the Supreme Court, the
respect which is due its members and the in
terests which are represented by the Bar
The resolution was defeated by a vote of POI
to 145 and many of those present were not
backward in asking what would be the of
voting for it after such a frank intmation from
such a trustworthy source. Though these words
of Mr. Boardman were felt to have great deal
Of weight they aroused surprise. One mem
ber was heard to whisper to another: "Platts
men and CrOkers in the Assembly COM
bined will kill the thing without doubt and
| that seemed to be the view of many others. AL
though that part of Mr. Boardman's remarks
! caused little surprise to those who know
Senator Platt's methods, what followed did un-
pleasantly jar upon the of the Executive
Committee, for Mr. Boardman added that no
| In he believed AS
se1nbly would entertain the resolution, and those
| who pressed 1t only hoped to have reprimand
| administered to Justice Fitzgerald by the Bar
| Association because he would not appoint the
receiver agreed on by the lawyers on both sides.
! The meeting memorable one. The MEM
| orable one. The members OF the association
| had turned out between 400 and 500 strong.
| and their great hall could not afford seats for
| all. Many stood up during the entire proceed
! ings, which lasted from $50 p. m until nearly
| ! a. m. Great earnestness was displayed on
| both sides, but especially by those who opposed
the resolution.
THE JUDGES FRIENDS RALLY.
| 1t was reported in the afternoon that Judge
| Fitzgerald's friends would rally to his support
! in large numbers. and the first arrival was a
man wh5r assured he rbune reporter that this
whole affair is actuated more by desire to
| get square with the Judge than by any effort
! to purity upon the bench"
| But most of those who came to hear, 1t was
| perfectly evident, had come with perfectly open
|
| full hearing of the case.
They recognized that the determination of the
| association TO investigate the action of Su-
| preme Court Judge of the gravest i'm
| portance, and they proposed to that the
! sOciatiOn did not commit itself to any course
| without the fullest deberation.
Not since the impeachment of Judge Barnard
| have such proceedings been seriously contem-
plated in this city, and the faces of the Execu-
! tive Committee they filed into the room, bear
| ing their mOmentous report following their TAX
! ing of evidence from the lawyers on both sides
though they appreciated fully the unpleasant
ness of the duty they felt called upon to dis
charge.
In calling the meeting to order John E. Par
sons. president of the association, took ad-
vantage of the opportunity to remind the
bers that this was the first occasion which
he had presided since his election, and he de-
sired to thank them for the high honor which
had been conferred upon him in his selection fol
the presidency of the association.
Mr.. Parsons then, briefly referring to the pur-
pose for which the Meeting had been called,
said the subject which brought them together
had q direct and important bearing upon the
wellbeing of the legal profession
THE COMMITTEES REPORT.
Mr.. Parsons closed by calling for the reading
| Of the report of the Executive Committee. In
the absence of George Zabriske, the chairman
| of the committee George l.. Rives read the re-
| port and recommendations of the committee, as
follows:
To the Association of the Bar of the City of
NeW-York:
The Executive Committee presents the follow
| ing report in reference to the action of Mr. JUS
tice Fitzgerald in appointing John f. Carroll as
receiver of the Brooklyn Wharf and Warehouse
Company
This subject has deservedly received a large
measure of attention from the press, from the
profession and from the public generally, and
the committee is Of opinion that it should re-
ceive serious consideration from the association
The essential facts are not doubtful They ap-
pear for the most part by the records of the
Supreme Court.
The United States Mortgage and Trust Com
pany was trustee for bOndhoders under mort
gage or deed of trust made by the Brooklyn
Wharf and Warehouse Company to secure ar
issue of $17, 100000 of bonds, all of which had
been issued and were in the hands of the public
BY the express terms of the mortgage, the trus-
tee upon the commencement of any proceedings
to enforce its rights. was entitled to the ap-
pOintment of a receiver of the mortgageC
premises Default having been made by the
warehouse company the United States Mort
gage and Trust Company, as trustee, brought It's
action to foreclose the mortgage, and applied
to Mr. Justice Fitzgerald for the appointment OF
a receiver upon notice TO the attorneys for the
defendant.
Both companies were represented by counse
| of high character and position. The interests OF
the bondhOlders were also in charge of reor'
ganization committee holding bonds to large
| amount. This committee was represented by in
dependent counsel of the same high character
and position The unsecured Indebtedness o.
the corporation, with the exception of com
paratively small amount. was also represented
by the counsel for the plaintiff and for the Re
| organization Committee.
ASKED FOR GRANT.
All of the interests so represented by counse
had agreed that Mr.. Hugh j. Grant formerly
Mayor of the city of New-York suitabl,
person to be receiver and they so informed Mr.