New-York tribune., 1904-10-25
4 SAMPLE OF BERRTcK

D. Cady Herrick, when forced the other day
to assert his honesty a Judge and defend
himself from the charges found in the files of
his Democratic newspaper supporters declared
that in his political activities on the bench he
had only done his duty of standing by his old
supporters, and he practically admitted that
they were not the reputable sort of support
ers who made the performance Of that duty as
creditable in public estimation as might be
wished. An incident of his standing by his
friends with the power of the Supreme Court
may be found in the annals Of March. 1898
At that time Mr.. Herrlck was a justice Of
the Supreme Court and boss of a Democratic
faction. His tool Mr.. Manning, was Mayor of
Albany The law gave the appointment of
election officers TO a board composed of Mayor
Manning, another Democrat. and a Repuhli-
can minority member. 1t provided that the
minority member should select officers to rem
resent his party. For the previous election Mr.
! Gregory. the Republican, had exercised that
power without question. At this time how
ever, Mayor Manning and his fellow Democrat,
| Mr.. Armitage, were ranged opposite sides
! of the Democratic faction fight The Mayor
! refused to act with the others in the regular
fashion and, as they agreed as to the proceed
ure by which the Republican was to name
| his share Of the inspectors, Mr. Manning took
! the position that as they had acted together
| L4ic5 iAduS lIG uldJOTlly IOF IQe purpose Or
choosing inspectors, and that he was the mi
nority, and he proceeded to name a set of his
own factionsts. This was plainly contrary to
the intent Of the law, and interfered with the
! bipartisan character Of the election boards.
After a careful examination Of the question
Justice FUrsman issued q writ of mandamus
commanding Mayor Manning to publish the
regular list Of inspectors. He issued an ex-
haustive opinion as to their legality
TT.,- ,I-H H,o4
harie, where Justice Mayham was sitting and
/ by misrepresentation secured a stay. Later in
! the day Justice Mayham read Justice Furs-
mans opinion, which he had not seen when he
! granted the stay, convinced of its sound
/ ness and vacated his own order Then the
/ Herrick people got at him again, and though
they had first stated in court that they came 70
him at Schoharie because Justice Herrick could
not and would not hear the case they then Sc
cured from Justice Mayham an order to show
cause, to be returnable before Justice Herrick
When the case came before him, Justice Her
rick Overruled all objection to his acting and
granted stay, thus putting the Herrick in
/ spectOrs in control of the elections pending an
appeal TO the General Term. That court did
not sit till after election, so on the pretence
Of mere formal order he practically set aside
for all time the order issued on the merits OF
! the case by his colleague, Justice Fursman
/ AHeH JuStlCe helAlch, III Telierdl Term, gaming
! Justice Mayham to his side, ratified the work
which he aided by tho misunderstanding and
vaciliation Of Justice Mayham, had done JUS
tice Putnam dissented. The case was carried
to the Court Of Appeals, which refused to en-
tertain 1t, as the issue was no longer practical
thereby rebuking the majority in the General
Term which had passed on if under similar
conditions
Thus Justice Herrick seated the Herrick in
spectors in defiance of the clear intent OF the
law, and then, according to the Court of Ap-
peals. improperly sought to give that act the
sanction OF General Term decision. after the
election had passed and there was nothing
left to litigate. This is Just one specimen of
the way Herrick, Judge, did his duty of stand
ing by his old friend Herrick, Boss.