New-York tribune., 1904-09-18
JUSTICE wERYER,s sTArUS.

II would be difficult 10 find more mlsinforma-
ZION put into the same number of words than IS
embodied in this attempt of "The New-York
World" 10 excuse David B. Hills prospective
refusal 10 yield 10 the public sentiment calling
for non-partisan nominations for the Court OF
Appeals:
For this action. recognizing the principle Of
non-paTtisanship for our higher courts and re-
Warolng an eminenty faithful and capable
gudee. Governor Odell is entitled TO high credit.
II is an act Of justice and sign of political
sagacity OF which Ex-Governor Hill is incapable.
IN the case Of Judge Werner. also nominated by
the Republican convention. the circumstances
Gre Eadicasly different. Judge Cullen was
elected 10 the bench in 1880. and after serving
Iun term was unanimously reelected on the
non1ination OF both parties In 1894 Judge
Werner was not elected BY the people TO his
place on the bench. He owes it to the appoint
ment Of the Governor.
As a matter of fact. Justice Werner and JUS
fice Cullen are-or were until yesterday-on the
bench with exactly the same title Justice
Cullen was-untl he accepted his appointment
by Governor Odell as Chief Judge Of the Court
Of Appeals and thereby vacated his office of
justice of the Supreme Court-a Supreme Court
Justice elected by the people sitting by designa-
ton Of the Governor in the Court Of Appeals in
accordance with the constitutional amendment
designed 10 clear cOpgested calendars. Justice
Werner is also a Supreme Court Justice elected
by the people, designated by the same Governor
at the same time 10 temporary service in the
Court % Appeals Justice Werner was not ap-
pointed 70 the bench by the Governor He was
elected 70 his first judicial position. that of
special county judge Of Monroe County. i'm 1884
four years after Justice Cullen secured his first
election TO the bench. lie was reelected n that
ofhce. and in 1850, on the nomination OF both
parties, he was elected county fudge Ia 1894
he was nominated by the Republicans for fus-
tce OF the supreme Court 10 ill the vacancy
caused 10y tue death Of Justice Francis A. Ma
fomber and Endorsed by the Democrats. So he
had the rare recognition OF a practically mani
nous hrst election 10 the Supreme Court while
the union OF the parties on Justice Cullen car,e
only when ne was already in the Supreme Court
ana candidate for reelection Thus bofb men
as justices OF the Supreme Court are ON an
eqnai IooilnS' 50 far as prefernent by the peo-
DE Is concerned, and both have had the same
tenure IN the Court OF Appeals having been
designated for the work OF that tribunsI bv
GoFgnor Roosevelt I'm 1900. Justice Cullen. he
ing The senior, has been fttinglr preferred for
Ih.ei Judge by tie Republicans. but. So far as
services and tenure IN either the Court OF An
peais or The Supreme Court are OF weight Jus.
nce werner Is equally entitled 10 promotion.
IDe Morld" will need some better r1retsx,
than Justice Werners supposed stains "a q
mere appointed Judge II Il wishes TO excuse
David y. HIS attempt TO drag the Court OF
Appeals into politics and use ihe 1udgeshsps
either 10 harmonic HIS faefional troubles with
d. Cady HeErick IN Albany County or 10 keep