The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-11-06
MORGAN ]. OBRTEN REYIRES.
LEAVES THE BENCH TO HEADTHE
BOARDMAN-PLATT FIRM.

Court, First Department, resigned from
the bench yesterday in order to return to
the practice OF law. Once before while he
was sitting as a member Of this court he
made all preparations to quit the bench in
order TO become counsel for large corpora
ton interests, but his collea CUES prevailed
upon him to remain. This time, however,
he has filed his resignation with the Secre-
tary Of State, and it will take effect immedi-
htely.
Justice O'Brien resigned TO become a
member of the law firm Of Boardman,
Plstt a Dunning, the successor OF Tracy,
Boardman a Plat and Boardman. Plat
y Solely. Up to a few years ago Gen. Benja-
min +. Tracy wal a member of the firm.
The new firm will have the name OF
O'Brien, Boardman, Platt A Dunning. Al
bert B. Boardman has been a member of
the firm since its inception. and he il now
associate counsel for the Board Of Rapid
Transit Commissioners. Frank Plat is a
son of Senator Plat. William F. Dunning's
father was a law partner OF the late Charles
OConor.
Justice O'Brien frankly explained ycster-
day that he thought it was time for him
to look out for the future. He said he was
81 years old and that although he had ten
years more TO serve on the bench he would
have to be elected for a new term before he
was eligible to be retired as a referee at
sl1 500 a year. A Justice is eligible to re-
tirement at the age Of IS, provided he has
served ON the bench for twenty-five years.
The pay Of a Supreme Court Justice here Ia
ST., 500 a year.
Justice O'Brien explained further that
he had nine children, five Of them being
lan0hfaru 9AnA tk a +, yhf ~ 4rct y
he said. When asked whether in his
opinion the Justices of the Appellate Di-
vision should have life assignments Justice
O'Brien replied
"Thcy certainly should hold Office for life.
The Justices in this court are very strong
men, but they should be relieved OF the
anxiety for their future which the present
situation involves. The case of the late
Presiding Justice Van Brunt is one in point.
You remember that he was severely crlti-
clsed for having accepted the appointment
Of the presidency OF a trust company, al
though he was not to rec Give any salary
until he retired from the bench. He had
taken the place in order to provide for his
future. and he felt that criticism Of his
course was unjust
And it must be remembered that it would
have been entirely possible for him to have
made connections while on the bench which
would have insured provision for his future
il he had been in any way venaI or subje ct
to improper infiuences-and they might not
nave been 80 improper ether.
The great amount OF patronage at his
disposal would have enabled him to do this.
Having made up my mind TO take the
step l did not care TO discuss this matter
any more than necessary. My relations
with every one of the Justices here are
almost those OF personal affection 1t is an
ordeal.
sH I had anticipated what an ordeal 1
would have to pass through in leaving
l think l would have chosen TO die in the
IaVat-Aas M khA AhaA.a Mill - n ..ltaH
TO me in many respects. Hereafter II 1
wish TO take a couple Of days on now and
then / shall be able to do so.
This has bean impossible here because
of the presiding Justice. while not par
ticularly difficult, require my constant
attention.
1T is a cause OF great satisfaction 10 me
that since l have been on the bench l have
never been criticised by a newspaper,
that my relations with both Justices and
lawyers have been uniformly cordial and
that with few exceptions l have had the
same pleasant relations with all officers
and attaches OF the court, even the scrub
women.
.ln this court there is no political line
In the matter of appointments. Republican
officers are assigned to Democratic Justices
and Democrats to Republican Justices. I
consider that my designation as presiding
Justice by . Republican Governor was a
great honor TO me and that II reflects great
honor upon Gov. Higgins. ] am glad to
have had this recognition by a Republican
Governor Of the fact that this court is
independent of partisanship.'
Justice O'Rrien was born in this city in
1852 and besides his conspicuous work at the
bar and upon the bench he is recognized
the United States. He was graduated
from St. Johns college, Fordham, and
afterward the degree of A. Nj. was con-
ferred upon him by st. Francis Xavier.
He studied law in Columbia; and, being adj
mitted TO the bar in 1874, he began the prac-
tice Of law at $50 Broadway. He was APP
pointed Corporation Counsel to succeed z.
Henry Lacombe in 1887 by Mayor Hewitt,
but did not hold the Office long, for in the
fall of that year he was elected to the
Supreme Court bench.
Probably the most important and delicate
work he performed in the early years OF
his career on the bench was in connection
with the election cases OF 1891. At that
time. when Justice kennedy OF Syracuse
had issued some orders favorable to the
Republicans, Gov. Hill designated Justice
O'Brien to sit as an additional Justice in
that district. He arrived in Syracuse in
a time Of great political excitement. Crowds
surrounded the hotel ut which he put up
and followed him to the court house. There
were fears that the two Judges would act in
opposition to each other.
Judge O'Brien, however, at once con-
suited with Judge Kennedy and arranged
for harmonious proceedings. No clashing
orders wereissued and the Judges consulted
with each other before each step was taken,
and a mutual understanding was reached.
The excitement was allayed. and before
Justice O'Brien left Syracuse the Republican
lawyers gave a dinner in his honor. His
opinion was afterward sustained by the
Court Of Appeals.
He was a member Of the General Term
of the Supreme Court, and when the courts
were ~reorganized after the Constitutional
Convention Of 1894 and the Appellate Di;
vision OF. the Supreme Court was fornsd
he was designated a. a member, and he
had sat in that body ever since. He was re-
elected TO the Supreme Court without
opposition in 1901 and Gov. Odel redesig-
mated him TO the Appellate Division. Upon
the sudden death of Justice Van Brunt
in May, 1906, Justice O'BHen was designated
as Presiding Justice Of the Appellate d.
vision.
A few weeks after this appointment
he was selected as one OF the trustees OF
the majority Of the stock OF the Equitable
Life Assurance Society, which had
been purchased from James Hazen Hyde
by Thomas r. Ryan. Justice O'brien's CO.
trustees are Grover Cleveland and George
- nfLAnn afaN0d Al