New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-02-03
NO RESIGNATION.

Justice Deuel. has made his decision. Appar
entity he had no trouble about making It. not
withstanding his days of broOding in retire
ment. for he says that AT no time has he con
templated resigning. He losses back to the
public with scorn the suggestion that was
meant in kindness and that carried with it some
thing Of compliment The idea was that. In
spite OF recent revelations. Justice Deuel. proba-
lily had rudimentary moral sense and sensi-
tyenesS which would lead him to perceive the
appropriateness of retirement. 1t seems. how
ever, that he has not the refined taste and
appreciation of the fitness of things for which
the public was ready to give him credit. He
has the office: he has not thought Of surren-
dering IT. He likes ermine robe even if it
is stained, and means TO wear his in that con
ditiOn as long as possible
1t is a good thing, at any rate to have Il
positive announcement of Justice Deuel's in
feption. 1t relieves anybody who proceeds
against him of any hesitation on the score of
delicacy and removes all excuse for further
delay. If the judge were broken down In spirit
and suffering under a sense Of the disgrace
which he had brought upon himself and the
administration OF justice. there would he
disposition 10 allow him some respite and Il
chance to relieve the situation mt his own CON
venience. But be valves such consideration by
his stOlid defiance of the mora, sense of the
community. Nothing is left TO the citizens
shocked by the revelations of his conduct but
10 proceed against him forthwith Justice
Deuel. appears TO have been regularly engaged
in business, in violation of the law prescribing
the duties OF his office. That in itself would
be sufficient cause for his removal The Dis
tIlct Attorney IN summing up against Mr..
Hapgood frankly admitted that Justice Deuel.
had violated the charter. but held that this
did not Justify the publication of the articles
alleged 10 be criminal libels. The jury went
further still. and in deciding that the articles
were not criminal decided that the judges
conduct, whether legal or not, was disgraceful
The community echoes that verdict and will
have small respect for the administration of
justice by one concerning whom it believes
that description 10 have been fifty employed
The ease should he brought at once before the
Appellate Division, with Il view 10 removing
The Justice for the violation of the charter
The Bar Association should also act That
body should take more lively interest for the
maintenance of standards both Of the bench
ana bar District Attorney Jerome. too. has
an obligation TO that the litigation which
he started comes to some good end. Whether
some of Justice Deuel's friends feel, Mr.
jerome induced him to make complaint sim
ply TO lead him into trap. or began the prose
cution Of Mr. HapgOOd in good faith, he has
certainly uncovered facts which call for his
earnest and continuous and patient efforts 10
learn if the judge as well his associate has
violated the Penal Code.
1t is obvious-it would seem as If it must
be obvious even to Justice Deuel. himself-that
no magistrate can sit acceptably under such a
cloud as that thrown upon him by the failure
OF the Hapgood prosecution. Possibly he hopes
10 rindicate himself and awaits proceedings
with that view. IL Sc. he might himself take
the initiative in having his conduct examined
The question certainly cannot be left IN the air.