The New York herald., 1921-09-24
Continued from First Poge.


Guthrie after a laudatory recital of the
biography OF Judge Andrews. he has
won the confidence of the people and
the bar and the nomination would be
only the natural recognition OF what he
has fairly earned and deserves"
Answers Bonus Case Critics.
Then the speaker added:
so much would this be true and his
selection inevitable under ordinary cir
cumstances that this convention proba-
bly, would be nominating him by accla-
nation to-day were it not for two OBJ
jections which have been mooted and
which 1t is our duty to our constituents
carefully and anXiously to consider.
These objections are: First. that in the
performance of his judicial duties 1t fell
to his lot to write an opinion which Is
supposed by some to have made him un-
popular with part of the community,
and. secondly, that there are now two
residents OF Syracuse on the bench OF
the Court of Appeals. Chief Judge His
cock and Judge Hogan. / shall briefly
analyze these objections.
THE first is that Judge Andrews
wrote the opinion of the Court OF Ap-
peals in the soldiers bonus case and
unpopular with many voters and there
fore an unavailable candidate. In other
words. the suggestion seems TO be that
judge who has decided q complex and
doubtful question of constitutional in
depreciation according to his conscience
should be denied the recognition by his
party and the people he has served to
which he is otherwise clearly entitled
as competent, upright and fearless
judge, simply because some are dis
pleased with an opinion In which four
other judges. including Chief Judge His
cock, concurred.
II can imagine no more vicious or
dangerous interference with the inde-
pendence and impartiality of all our
Judges continued Mr.. Guthrie, II can
conceive OF no more destructive assault
upon the constitutional guarantees of
our rights and liberties or a more fatal
blow at the high traditions Of the courts
of justice of our State than to have the
Republican party deny a nomination to
an able, upright and fearless Judge as
a punishment for the conscientious and
courageous performance of his plain duty
to decide according to his conscience.
"If we did SO it would in it's final
analysis be little short OF applying the
vicious doctrine of the recall of Judges.
Recall Would He CowardIy.
Referring to the Republican platform
of 1918, which declared against the re-
call Of Judges or "any system that will
introduce cowardice as an element in
the administration of Justice" Mr.. Guth-
rie said 1t was equally true and sound
Republican doctrine to-day.
Judge Andrews could readily have re-
fiected, IL he had permitted such consid-
- = IL
might be to some extent unpopular. be-
cause of the impressiveness of the pop
ular vote in favor of the statute, Mr.
Guthrie said.
But these Judges were not thinking
OF popularity" the speaker added
They were deciding under their oaths
OF office according as they believed to
be the intent OF the people. who for rs
years have maintained a mandate in
their Constitution, obligatory upon ALL
commanding legislators and Judges alike
that the credit Of the State shall not in
any manner be given or loaned to or In
aid of an individual. association or cor
poration. The Judges of the Court o;
Appeals could not allow their sympathy
with or gratitude to our soldiers and
sailors to affect their decision of that
question of law.
Are we now to say. or II not say
ing. permit or invite II to be inferr I'd
from our action, that IL Judge Andre KS
was ambitious to have the nomination
from the Republican party for the Of
Ace of Judge of the great court in
which he was serving SO satisfactorily
he should have dishonorably paltered
with his oath and his duty and have
sought by a popular opinion to gain
favor with us? AS the delegates and
representatives OF his own party ought
we not rather to recognize that his
courage and Independence in this
crucial test--if ever the thought of his
approaching candidacy and his just
and lifelong ambition even for mo-
ment passed through his mlnd-render
him only the more deserving OF nomina-
tion at our hands and election by the
people whom he has patriotically ard
unselfshly served for the best part of
his life? God save US from time-serv.
ing and self-seeking judges.
CownrdIy Judges Would BE Curse.
There could be no greater curse 10
any people than TO have cowardly and
time-serving judges. ever listening to
the clamor OF the crowd. IL IN the
face of this objection. given the broad
est publicity by our political oppo-
nents. we deny the nomination to Judge
Andrews, no matter what reason might
impel US. the conviction will be wide-
spread and lasting that his decision
in the bonus law case was the real
ground and that we had cowardly bent
before the clarnor That impresstou