The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-09-02
CULLEN IN PARKER'S PLACE.
NAMED AS CHIEF JUDGE OF THE
COURT OF APPEALS.
The Republicans VIII Nominate Him for
Full Term and the Democratic Con-
ventiOn May Indorse Him-A Jurist
Whom Beth Parties Have Honered.

run TERM anu tHe DetHOcTuuc Sohs
vention May lndorse Him-A Jurist
Whom Beth Parties Have II0Dered.
Gov. Odell dropped his duties as chair
man of the Republican State committee
yesterday afternoon at the Fifth Avenue
Hotel long enough to appoint Supreme
Court Justice Edgar NJ. Cullen Of Brooklyn,
for the last four years an Associate Judge
of the Court Of Appeals by designation of
the Governor, Chief Judge Of the Court OF
Appeals to succeed Judge Parker, Gov.
Odell sent to Albany for blank commission,
which he is to fill out to-day and send to.
Judge Cullen.
The Republican State convention, which
Is to assemble at Saratoga on Sept. IA, is
to nominate Judge Cullen for Chief Judge
of the Court Of Appeals for the full term of
fourteen years. The anti-Hill Democrats,
If they have their way at the Democratic
State convention which Is to assemble at
Saratoga on Sept. TO- are to indorse the
action of the Republican State convention
concerning Judge Cullen.
Judge Cullen's term as a Supreme Court
Justice expires on Dec. 81, 1908. His ap-
pointment by the Governor to be Chief
Judge, it was contended does not leave a
vacancy on the Supreme bench OF the Second
Department, but Of course Chief Judge
Cullens election on Nov. 8 will leave a
vacancy on the Supreme bench of the Second
Department, which is to be filled, 1t was said,
disappointment by Gov. Odell. The Second
Department comprises the counties OF
Duchess, Kings, Nassau, Orange, Putnam,
Queens, Richmond, Rockland, Suffolk, West
81 Il ofrtn Nf nyv
York county.
In October, 1894, the Republican judiciary
convention OF the Second Judicial De-
partment renominated Judge Cullen for
the Supreme Court bench, although Judge
Cullen fourteen years before had received
his first nomination from the Democrats
of the Judiciary district. A week after
| the Republican convention had renominated
Judge Cullen in 1894 the Democrats assem-
| bled and Endorsed the nomination. When
! the Democratic committee OF the convention
called to notify Judge Cullen Of his nomina-
| ton he said
| GENTLEMEN: Fourteen years ago, more
| by the favor of the party than by my own
! merit, was nominated for the once Of Justice
| of the Supreme Court. My election followed
! The term for which l was then elected now
! draws to a close, and by your action to-day
| i am called on to again acknowledge my
! obligations to the people and to the party
| for a renewal of public honors ana distinc.
! ton. 1t is matter Of especial pride that
| while | may have gained the appreciation
! of the opposite political party. / have moi
! lost the confidence or esteem OF the party
! to which am indebted for my original eieva.
! ton to the office now hold. / hold 10 the
l. Democratic faith believe that the -raosi
| even handed and equal justice. knowing
| in its administration neither person moi
! party, is the most democratic one. Tina,
! / have not misconceived the belief Of my
party In this respect / have always beer
| confident. and surely / stand here to-day
with that confidence justified. Ny hope II
| that the confidence reposed in me this day
by the people of both parties may prove
equally justified.
| In few moments the committee thai
had been appointed to notify Justice Cutler
of the action OF the Republican convention
also called to fulfil it's duty, and Judge
! Cullen made this response:
| GENTLEMEN: i most sincerely appreciate
the honor your convention has conferred
upon me by my nomination as Justice Of
the Supreme Court to fill the vacancy oc
casioned by the expiration of my own term
| | appreciate this honor the more highly
! that it Is bestowed in a year when party
| contention runs high and jealous partisan'
| of each party hope for the success OF theil
own candidates That L am q Democrat
! you all know. That party faith may in
| fuence n Judge in the decisions of prnc
pies which are the cardinal doctrines Of hi
, party may well be. Nay. | go further; sucl
| should be the case: otherwise the profession
| OF political faith would be mere poltica
hypocrisy. But in the application of thos'
| rules Of justice honesty and fairness which
! people of all parties hold alike, aye. even II
| the application Of these principles which arr
party tenets. certainly the Judge should know
| no distinction between man and man or part,
| and party. but award according to his ligh
| the same justice to each.
Judge Cullen was born in Brooklyn II
ls4s. He was graduated from Columbit
College in 1850. In 1882 he Joined the Unior
Army and went to the front as Seconc
Lieutenant in the First United States In
fantry. The same year, although only
81 years old. he was commissioned
by Gov. Morgan a Colonel in the
| Ninety sixth New York State Volunteers
| He had a brilliant war record and was
severely wounded in the fighting before
Richmond. His progress at the bar was
| rapid, and in 1880 he was elected to va
| cancy on the bench in the Second Judicial
| district. He was unanimously reelected
| in 1894, and it looks as II he Is to be unani
mously elected Chief Judge OF the Court Of