The New York herald., 1922-05-24
Edgar M. Cullen.


Court of Appeals of this State was
made an elective Office in 1870 only
nine men have occupied that high
place. All have been jurists of in
telligence and dignity, but EDGAR M.
CULLEN, who died yesterday, was the
most striking figure of the nine. ut
is worth while attending the i'm
peachment trial of SULzER," said a
man who had just come from the
Senate Chamber in Albany. because
you will see Chief Judge who looks
like king" Indeed, the presiding
officer of that memorable event rather
dwarfed his surroundings, particu-
larly the politicians.
1t was not in appearance merely
that Judge Cullen was favored with
distinction. The large frame and the
| majestic features were matched
within by clear mind and fine
courage. EDGAR NJ CULLEN was the
kind of man who would have been
great in any field of endeavor. 1t
was the good fortune Of the law that
he adopted it as his vocation when
he came out Of the army at the end
of the civil war after having reached
colonelcy at the age of 10.
In the many years which Judge
Cullen spent on the bench he became
more familiar to the public than most
men do who rise to high judicial
place. 1t was his lot to encounter
legal situations which called for the
exercise not only OF intellect, but Of
courage. 1t was he, as a Justice Of
the Supreme Court, who issued the
famous injunction which the infa-
nous McKANE tore up and lived to
regret destroying. 1t was he who
acquitted EMANs, the County Clerk
of Dutchess county, of the election
theft of 1891 and placed the RESPONSE
bility where it belonged-on Deputy
Attorney-General MAYNARD, who was
punished for his offense by the peo-
pie when he ran for the Court OF
Appeals in 1898 and was soundly
whipped. CULLEN feared nothing, not
even himself, for he did not hesitate,
after having given decision which
he later believed mistaken, to advise
the losing lawyer to move for re-
opening of the case. Judge CULLEN
first took his place on the Appeals
bench through appointment by Gov
ernor ROOSEVELT; but that did not
prevent him from saying long after
ward, when ROOSEVELT, as an EXPIRES
ident, had criticized judges in gen.
eral, that ROOSEVELT was wrong.
1t was mystery to those who ad-
mired the fine qualities of Judge
CULLEN's mind and heart that he did
not rise even higher than the distin-
guished place which he ornamented
from 1900 to his retirement in 1914.
In 1909 THE SUN, in suggesting that
Judge CULLEN be appointed to a va
cancy in the Supreme Court of the
United States, declared that his abil-
ity was recognized and acknowl-
edged by the legal profession
throughout the Union" The World
in survey of Democratic possibili-
ties for the Presidential nomination
in 1908, said that Judge CULLEN's
qualifications and ability ought to
be considered by any free and un-
trammeled Democratic national con-
vention."
But Judge CULLEN was not man
the bosses liked, although they
feared him too much to oppose him
when he was a candidate for Chief
Judge of the Court OF Appeals in
1904. He was above cheap politics.
His mind was give.i TO the law. not
as machine or the courts, but as an
instrument for the preservation of
human rights. lie had a passion for
liberty, for individualism. He hated
political quackery and the attempt
of faddists to thrust their fads on
Others. When he left the Appeals
bench at the age of 70 1t was another
example of the mistake this State
makes in dismissing its judges while
yet their intellectual yigor is great;
for Judge CULLEN continued in pri-
vate practice for eight more years.
A strong and picturesque figure
disappeared from the scene with the
death of Judge CULLEN.