Evening journal., 1914-01-14
NEW NEWS OF YESTERDAY
---
How Governor Hill Revealed
his knowledge Of the Law
By Holland.

y .
for six months rest, asked him
what on the whole was the most i'm
prossiyo experience he had, speaking
from the point Of view of "a lawyer,
in all his service of twenty-five
years as associate justice of the high
est court of New York State
Judge Gray was silent for a mo-
ment, as though he were turning
over in his mind some of his expert
encec while serving as a Court of
Appeals justice. It should be said in
passing that Judge Gray has gained
very high rank as a iurist. His name
is known favorably TO leading law
yers all over the United States and TO
many in Great Britain. His opinions
as recorded I'm the reports Of the
Court OF Appeal cases carry very
great authority.
81 think" replied Judge Gray,
speaking somewhat slowly, as though
he We're weighing two or three in
stances which had made a great inn
preston upon him, that, take it all
IN all, the sudden revelation made by
David ID. Hill or his mastery intel
lectual equipment as a lawyer was
the most remarkable OF all the many
interesting incidents which came un-
der my observation.
81 first knew of Governor Hill when
he was "A member of the Legislature
! had heard that he had served as
Mayor of Elmira when a young man.
| know that he had gained the Con-
iidence of Samuel J. Tilden, and that
was by no means an easy thing for a
man to do. He became Lieutopant-
Governor in 1883, succeeding Grover
Cleveland when the latter resigned
the GOvernship to become Presi-
dent, and was twice reelected Gov
ernOr. He retired from the Gov
ernor's office at Albany to enter the
United States Senate in 1893
II became pleasantly acquainted
with Governor Hill after ! began SER
vice on the bench of the Court of
Appeals. IL was just after his second
election as Governor, though the
state had gone Republican on the
Presidential vote. ! never thought
of Hill as q lawyer especially nor
I am sure. did any of my associates
on the Court of Appeals bench. We
looked upon him as very astute
politician who was mastered by an
ambition to be nominated by the
Democracy for President. We did
hear that in his private life he was
of unimpeachable conduct, not having
any small vices, such as smoking. He
was known to be Of absolute in
tegrity in his personal money mat
ters.
"A year or two after Governor Hill
became United States Senator the in
come tax bill, which had been framed
originally by the lower House OF Con-
gress. was before the Senate, which
at that time was a Democratic body.
Unexpectedly Hill announced that
he would address the Senate in op-
position to the income tax law, say
ing that he based his opposition en-
tirely upon constitutional grounds.
81 have no doubt it seemed to all
lawyers almost presumptous that this
Senator who had for twenty years
been known as an active politician
in New York State, should venture
TO address the Senate not upon po.
litical, but upon constitutional
question.
"But as Hill delivered the address
we lawyers began to look at one an
other with astonishment Here was
a man who was revealing himself
as a master, not only of constitu-
tional principles, but of the presen-
tation of them TO a body which con-
tanned so able a group of lawyers
as did the United States Senate at
that day.
"I think from that time my as
sociates upon the bench and many
Of the leading lawyers Of New Yorb
State realized that If Governor Hill
had devoted himself to the law in
stead of to politics he would have
ranked as one of the great readers Oi
the American bar.
"Now ! will tell you somethinl
which came within my persona
knowledge. Among the lawyers whC
were retained TO argue before The
Supreme Court at Washington in sup
port of the claim that the income
tax law of 1894 provided for lev,
ing of that tax in "a manner which
was unconstitutional was Clarenc,
II. Seward, one of the leaders of tn,
New York bar. Mr. Stewards brie
followed substantially the line o.
argument made by Governor Hill il
the United States Senate and II wat
Mr.. Saward's brief upon which thl
Supreme Court based it's opinion tina
the income tax law of 1894 provide,
for an unconstitutional method o
levying taxes.
Il think all lawyers OF New Yorl
State are satisfied that Governo
Hill from the time when he gainel
that great triumph as a lawyer be
gan 70 subordinate political ambi
ton. supplanting that. with the am
bition to succeed greatly as a lawyer
Before his death he must have beel
gratified to know that this later am
bition had been rapidly realized"
Copyright. 1914. by E. J. Edwards