The citizen. (Frederick City, Md.) 1895-1923, 1914-01-23
Judge Burke Reviews IN Book
Noted Opinions of the late Chief
Judge James McSherry.

The Baltimore American Of the 18th
inst has the following. which IS of ex-
ceptonal local interest:
Hon. N Charles Burke. associate Judge
OF the Court of Appeals of Maryland
Representing tn, Third Circuit appears in
the field of legal biographical literature
a, the author of a valu bile work entitled
The Reported Opinions of Hon. lanes
McShcrry," late Chief Judge OF the Courr
OF Appeals of Maryland with biogra h
zeal sketch. Both as publication euci
dating the legal learning and hi,hlv de
veloped Judicial mind Of the late chief
Judge and as illustrating the latest attain.
ments in the printing art it takes high
rank
The work, which Judge Burke took
upon himself and which he has compile
ted with marked success, was one of
love. Long associated with the late iurist
on the bench and during the DAYS and
hours when the court was not in session
and when their minds ran along lighter
channels than those afforded bv abstruss
legal problems Judge Burke seems the
natural selection for the duty If putting in
print The most noteworthy incidents in
the life and most noteworthy decisions of
his friend. 1t is the common belief that
the life of judge is prosaic and com
monplace as far as the public Can see and
realize. Indeed, Chief Justice Marshall,
of the United State Supreme Court, dis
Outraged attempts of biographerS to trans
Ter to paper his life and deeds. The chief
Justice said that judges lite was in his
decisions which spoke for themselves.
In Judge Burke's biography of Chief
Judge MCSherry, however, he makes the
decisions OF the latter constitute. a they
really do his life work. In the more
than 800 decisions quoted Judge Burk..
reveals the deep learning and search
u Il Id mi nj OF Iu ige VI Sherry. Thu
decisions cover a wide range OF >ubieC>
as glance al them will testify. Some OF
them are reStatemen'S of old decisions IN
new language winch Is unequaled in is
force and CearneSS. Others are new de-
clSlons which bave become precedents
guidepostS, not only for the courts OF
Maryland. but for courts of other states.
They will live as long as the judiciary
system OF America prevails.
Alter quoting briefly more than 800 re-
ported opinions of Judge McSherry,
Judge Burke gives in more detail four
other opinions which he deSignatcS as
the great opinions of Judge McSherry.
They are:
Elizabeth Whitridge, by her next
friend, James H. B Whilridge, VS.. VIM
H. Whiridge and others William |. Hiss
Annie Ames Hiss. his wife, and William
J. Hiss, trustees, vs. Emma L. Velk, by
her husband and next friend, Otto B.
Welk a celebrated CaSe); American Cas-
nIIltU Ipcnrapca 4 i
Graham, Smith ct al VS.. Whltrdee ct al.
On these and other decisions Judge
Burke ventures no comment. He is con-
tent to let them speak for themselves, to
testify mutely TO the logical and unerring
processes IN the working of Judge Nc
Sherrys mind.
In the biographical sketch of Judge
McSherry are enumerated the main Incl
dents IN his lie, which are not numerous.
since Judge McSherry eschewed public
.hunorS and devoted his energies to the
practice of his profession at Frederick
nnlll his appointment to the appellate
bench in 1887 b. Gov. Henry LLOYD to
III vacancy caused by the death of
Judge John Richie. He was subse
quenlly elected for full term of Is wears,
and when this term expired he was again
elected. High was the tribute paid to
him in 1896, when, although Democrat,
he was appointed chief Judge of the court
by Gov. Lloyd Lowndes. Republican,
to succeed the late Judge John M. Rob
lnSon.
Judge Burke details the distinguished
ancestry OF Judge McSherry. His father
was that James McSherry whose fame is
perpetuated in the history of Maryland
which bears his name.
To appreciate fully the value of Judge
Burke's work it must be read from cover
TO cover. 1t is not only interesting to
laymen, for the language in the decisions
Is not technical but also and more so to
lawyers in search of enlightenment on the
Constitution and of fundamental truths
underlying law.