New-York tribune., 1906-11-06

sion; Frank H P1att. son OF Senator Plat,
and William F. Dunning
Mr.. O'Brten is a trustee OF the Equitable Life
Assurance Society, his associate trustees being
ex-President Grover Cleveland and George
Westinghouse. He designated presiding
justice of the Appellate Division by Governor
Higgins. who will name his successor.
His reason for resigning Office Mr.. O'Brien
said yesterday, was a desire TO care for the
future OF his family. His salary as justice Of
the Supreme Court in New York County was
S17,500 a year, but he felt that he ought not
to neglect an opportunity to earn much larger
sum every year for the rest OF his active life
on account of his family.
"I have nine children five Of them daugh-
ters." he said. "and in my plans for their future
the daughters come first"
He would be eligible for retirement on pen
sion OF S11,500 year, he said. only after serv-
ing out the remaining ten years OF his present
term, and then being elected for a new term
and serving one year of that term. He is fifty
four years old. justice of the Supreme Court
is eligible for retirement on life pension when
he has served twenty-five years on the bench
and is sixty-ffve years old.
Mr.. OBrien said yesterday that he thought
the justices OF the Supreme Court ought to have
life tenure Of office, 70 relieve them OF anxiety
for the future. He said he believed that the
late Justice Van Brunts life was shortened by
worry over the criticism following his accept
ance Of the presidency of trust company, al
though he was not to receive any salary until
after his retirement from the bench.
Mr.. O'Brien is a native New Yorker. He re-
ceived his early education in the public schools
Of the city, and was graduated from st. Johns
College, in Fordham, before entering the CO.
Iumbia Law School. He acquired large law
practice in the city before he appointed
Corporation Counsel by Mayor Hewitt in 1887
He was first elected to the Supreme Court IN
1887, taking office January 1. 1888 the
youngest man ever elected TO that Office in New
York He was elected Democrat, but was
first assigned 10 duty IN the Appellate Division
by Governor Morton. a Republican.
He talked of as possible Democratic can
didats for Mayor IN 1897 The same year he an
nounced his intention of resigning office. giving
the same reasons as those expressed by him yes
terday for wanting to resume law practice. AS
his successor would have been appointed by a
Republican Governor. he was urged strongly by
Democrats to remain IN office. He remained. and
in 1901 he was reelected almost unanimously.
receiving nominations from both the Republican
and Democratic parties. Governor Odell reas-
signed him to the Appellate Division. He was
appointed presiding Justice Of the Appellate Di-
vision by Governor Higgins after the death Of
Presiding Justice Van Brunt
Mr.. O'Brien said yesterday that he felt happy
that there had been political line in the Ap-
pellate Division, and that he had been honored
by Republican Governors, although elected as
a Democrat. He added:
Ii is a cause Of great satisfaction TO me that
since have been on the bench have never
been criticised by newspaper; that my rela-
tons with both justices and lawyers have been
uniformly cordial, and that, with very few ex-
oeptions, have had the same pleasant relations
with all officers and attaches Of the court, down
10 the humbest positions. Sometimes when
have seen that some OF those in these humble
positions were going wrong I have expostulated
and advised with them; but can say that. with
very few exceptions. my relations even with
those so advised with. have been pleasant.