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-
ceptional local interest,"
Hon. N Charles Burke. associate Judge
OF the Court of Appeals of Maryland
Representing TIL Third Circuit, appears in
the field of legal biographical literature
a. the author OF valu lble work entitled
The Reported Opinions of Hon. lanes
McShcrry," late Chief Judge Of the Court
of Appeals of Maryland. with bioera h
ical sketch. Both as publication eluci
dating the legal learning and highly 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 jurist
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 abstruse
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
no iliCh0s IL - tllC AOiliillOiI DCliSl tildl
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 life 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 Bnrk,
reveals the deep learning and searchi e
ju Ii,la mi nj OF Iu ige NJ Sherry. Tho {
decisions cover wide range of >ubjec>
as glance al them will testify. Some of
them are restatemenlS of old decisions IN
new language winch is unequaled in lis
force and CiearneSS. Others are new de-
cisions 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.
After quoting briefly more than 800 re-
ported opinions of Judge McSherry
Judge Burke gives in more detail four
other opinions which he designates as
the great opinions of Judge McSherry
They are:
Elizabeth Whitridge. by her next
friend, James H. B. Whilridge, VS.. VIM
H. Whilridge and others; William J. Hiss,
Annie Ames Hiss. his wife, and William
J. Hiss, trustees, VS. Emma l.. Velk, BY
her husband and next friend Otto B.
Welk Ia celebrated case); American Cas-
uulty Insurance Company's case and
Graham, Smith ct al VS.. Whltridge ct al.
I 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
Sherry's mind.
In the biographical sketch of Judge
McSherry are enumerated the main Incl
dents III his lite which are not numerous.
since Judge McSherry eschewed public
.hunors and devoted his energies to the
practice Of his profession at Frederick
nnll his appointment to the appellate
bench in 1887 b. Gov. Henry Lloyd to
fill vacancy caused by the death of
Judge John Richie He was subse
quenlly elected for full term OF IS years,
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-
Inson.
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.