New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-07-29
Tile cnrRr OF APPEALS.

The rnexDected uncertainty when stenlS W
have developed concerning the u1'e Vi
ParIe-'s resignation of the chlel JuuseSIp -
the Court of Appeals raises alnoNe -. 80
some fear that the Democrats INA! 4.4
dro, the court into the pending politlcai contest
T-rless 1ndge Parker resigns not less than
.braa ,oontbs before election. which occurs Oh
Noven,ber 9 II will be impossible TO elect MS
successor this fall and the person named py
the Governor to fill the vacancy VIII holu oiliCo
until December 81, 1903. In that case only one
rnen,ber Of the Court of Appeals will be elected
rhis wear. successor to Judge Celora T. Mar
tin. who will retire on account OF age
In the event Of there being two vacancies III
the Court of Appeals it would be fitting 10
avoid party contests and give a unanimous cleo
tion 10 the two distinguished judges who are
nj present in the court by appointment Edgar
NJ Cullen. of Brooklyn. and William Z. Werner
of Rocheste: Judge Cullen is a Democrat ana
Judse Werner is u Republican, and so by unit
inc on them the judicial succession would De en-
tirely removed from politics. and the promouon
of two men OF tried capacity in the court where
they are at present serving would he secured
Ir is believed that if two vacancies occur the
Republicans. independently and without exact
ing any terms of the Democrats, VIII maAe
such non-polticai nominations. and 1t Is saiu
that judge Werner recognizing the seniority OF
Judge Cullen the honor of the chief judgeship
Judge Cullen is generally recognized as one OF
the ables. and most high minded jurists In the
State Though always identified with the Dem
ocratic party he has known no politics on tne
bench. and he is remembered the Democratic
Justice of The Supreme Court who, in 1891 when
David Z Hill and Judge Parkers intimate
friend Danforth stole the legislature handed
down the decision in favor of the honest re-
turns which Maynard distracted from the Gov
errors mail Perhaps the prospect Of indorsing
him is net pleasant TO David b. Hill. Judge
Werner has sat for several years in the Court
of Appeals and has Wor the respect Of the bar.
When, To the regret OF many Republicans.
political contest was precipitated over a Judge
ship two years ago. Judge Werner was candi-
date against his associate. Judge Gray. The
Democrats then successfully urged the claims
of Judge Gray the ground that, as his term
was expiring he would otherwise leave the
bench while Judge Werner sitting by appoint
ment would continue anyhow and ought not
TO stand in the way of Judge Gray's reelection.
They made. however. not the slightest attack
upon Judge Werners personal or judicial char
acter and if the Republicans nominated him
and Judge Cullen, there could be no reason
o;her than the pettiest sort OF politics for
fight against either one of them.
There are some indications that the Demo
Gratis would like 10 use a Court of Appeals
iudceship as political instrument in the hands
of that past master Of playing politics while on
the bench the Hon u Cady Herrick, justice Of
the Supreme CoCrt and Democratic boss of Al
bany County 1t is TO be hoped that the chief
judge, whose sense Of judicial propriety has
been so loudly applauded, is not planning his
resignation with an eye the vote of Albany
County. Perhaps the Democratic hope is 10
have only one vacancy. secure q division on
party lines. and then try 10 capitalize a po-
litical asset against Republicansm the great
and deserved respecs in which Judge Cullen IS
held. Undoubtedly Judge Parkers wishes will
prevail with the Democracy concerning the
Court Of Appeals. II will not be consistent
with the picture Of the high toned, firm judge
which is put before the country for him to play
politics with this court setting aside a man like
Judge Cullen TO harmonic the Hill-HeTrick fac
tiOnal fight or trying 10 drag Judge Cullen into
political campaign, when he might easily have
higher honors by common consent 10 the en-
hancement OF the dignity and non-partisan
character of the judiciary. 1t may be that the
talk about the resignation and about probable
Democratic candidates for the bench does in
justice 10 Judge Parker, but as the time ap-
proaches after which n vacancy cannot be
filed by the people. and the Herricks and Cum
mems are more and more exploited in Demo
cratic circles. ii is inevitable that the relation
of the Court of Appeals 10 the political cam
paign of its chief judge should attract attention.