New-York tribune., 1904-08-07
yrDGE P4RKrP,s RETIREuENT

Judge Parker's resignation from the court 0.
Appeals was marked by the dignity anu soou
taste which he has uniformly shown IN lile us
Charge Of his illdicial duties The timing OF ms
resignation ,.as matter subject entirely 10 Ais
OWN discretion. and Il for any reasons 0o+
nccted with the transaction OF me co"I 80
ness he had seen tit to continue longer iii once
he would MT have been SUBJECT 10 !us' -
c;sip. II was only as some Democrats oeS'sh 40
talk a. the noIitical capital thcy might MAKE
out Of the resignation and 10 plan 20 MAKE Tue
office an instrument TO piacate 4 poltlcal oosS
and barmonize the Dem cratic 1acuohs III al
l,any County that the chief judges course WIN
reference t0 the court became II hat'eI VI i
nort3pce Mr.. Tacgart and his associates 40
their candidate no credit when they pretend 70
see evidence in his resignation III ulhe i"I L-e
successor to be chosen for fun term llAls IAN
= confidence that he will be elected President
The insnuation that if he did not feel conndehI
he would hold the election over till next year. SO
as TO run himself, does injustice, we are sure 10
Iudge Parker's disinterested character ana
sense Of duty to the Court of Appeals
The resignation coming at this time makes
necessary the election of two members OF lhe
Court of AppeaIs in November and, as we nave
ALREADY said. the obviously proper thing TO 90 Is
for both parties 10 join in promoting Judges
Cullen and Werner, the two justices oil the 0"-
preme Court who have for several years 50 at
ceptably served iii the Court of Appeals by the
Governors designation. One pelng Denio.
Graf and The other a Republican. the court
would be Kept entirely out of the political cam
raigr. So far as Republican opinion has been
made manifest. it seems to be in favor or me
nomination OF Judge Cullen for chief Judge anu
Judge Werner for associate judge. 10 Succee"
Judge Martin. independently OF any argument
ON the part OF the Democrats 10 return the com
uIiment by indorsing Judge Werner. In all
nrohabjliiv the public interests will take prece-
tlence Of any personal ambition or polltlcal Con
sideration aud bring about these nomlnatlohS'
Meanwhile. the Governor has the appointment
Of n chief Judge 70 serve until the end of the
year. In view of the probable election OF Judge
Cullen 10 that office. Governor Odell might
naturally give him the temporary appointment
or he NAV think fit TO let the honor be en-
loved for few months by some other judge
inst as Governor Flower did in 1892. ON the
death Of Chief Judge Ruger lie appointed AS
eoclate Judge Robert Earl, Democrat 10 the
vacancy hut the next fall both parties united In
rIertiny Charles Andrews, a Republican also
an associate Judge and the senior member OF
the court to he its head, and Judge Earl re-
turned TO his old place. having had the dlsnhc-
tion of being chief Judge for little less tlah
year II Governor Odell chose to follow TINS
precedent by temporarily adNdueAhS a june
the Court of Appeals there would be tenn
,,ororv vacancy among the associate judges to
he filed by appointment until the return OF the
old incumbent TO his place on the expiration OF
his term as chief judge. If, on the other hano,
he appointed 10 preside over the court one Oh
tho Snnreme Court justices. either from among
those sitting in the Court Of Appeals or in the
supreme Court itself. it would seem as II that
person would vacate permanently his office as
a supreme Court justice, If Judges Cullen ana
Werner were not TO be elected 10 the Court OF
Appeals neither could we'll afford TO receive the
chief judgeship by appointment