New-York tribune., 1908-04-06
JUSTICE DAVIS'S DENIAL
Neuer Corporate Counsel for Metro
poIitan RaiIscdg, He Says.

.eSo+ onlv was never one of the chief counsel
of the Metropolitan Street Railway Company saio
Justice Vernon NJ Davis yesterday afternoon "oue
was never even of IT'S counsel in its corporate
,,a.ters nor did / give legal advice to the COM
pany" This was his comment on the statement
published in 'aThe World" yesterday with the
plainly implied inference that Justice Davis shouo
have refused TO preside during his term on the
Supreme Court bench in suits for damages prought
against the Metropolitan on account OF his alleged
former association with the corporation as us
counsel
After declaring again that the statement that the
Metropolitan Street Railway Company had con-
tribu1ed 5000 in orde- to procure his nomination
on the Tanamany ticket in 1902 was purely "a faorl-
cation" and made out of whole CLOTH. Justice
Davis said he no improperly in sitting IN
cases for damages brought against the corporation
Far from being the company's counsel in cor
porate matters I acted for it in more than
fifteen. negligence In these fifteen cases,
was called upon always only in an emergency,
possibly because the corporation set some value
on my reputation as a trial lawyer
The shorter ana uglier word said the justice,
was the only fit one apply the allegation that
he had been regular attorney of the Metropolitan
any time before his election to the bench or that
he had been retained regularly in its employ. The
idea that his appearance as attorney for the COM
pany in fifteen isolated negligence suits before his
election TO the bench should disqual;fy him from
sitting N cases brought against that company after
his election he said absurd.
The attitude taken by Justice Cohen. when he
was the bench. in refusing TO sit in any cases
10 which the Third Avenue Railroad Company
& party, which attitude had been contrasted by
The World" with that OF Justice Davis, the latter
said he could perfectly well understand The posi-
tions OF Justice Cohen and OF himself in no
way analogous, however, he said. Justice Cohen
previous to his appointment to a place on the Su-
pree Court said Justice Davis, had been the init
mate and regularly retained counsel of the Third
Avenue, and it was only proper for him decline
TO adjudcate cases in the preparation OF which he
had been actively engaged.
I was called upon TO preside in no case against
the Metropolitan IN which ! had been previously
retained, had been my attitude would have
neen the same as that assumed by Justice Cohen"
The World" places some emphasis upon the fact
that since taking his seat the bench in January
1893. Justice Davis has presided in 2s4 actions for
damages for accidents. brought against the Metro
poltan- The Appellate Division makes the as
stgnment Of justices to the various parts of the
supreme Court SAID Justice Davis: such assign
nlents are not Of my making
AITer characterizing again az absolutel,. absurd
the statements that the Metropolitan helped 70
pay Tor his nomination. and that he had ever
been corporate counsel 10 the companv Justice
Davis said he had yet determined what ac1ion
ne would take in regard 10 the statement published
YESTERDAY