New-York tribune., 1922-10-18
Justice Tompkins Finds
Morschauser Had No
Righ. 10 Decide on
the Report Of Referee
Suit Thrown Into
Appellate Court
a,,rist's Severe Criticism
of Wife's Counsel Is
Recalled by Decision


Bic monkey wrench among the wheels
shich have been carrying Mrs Anne
Erquhart Stillman smoothly along to a
final victory in the divorce proceed
kngs instituted against her by James
i. Stillman, the banker. He filed a
kecision late in the afternoon In
Kysek, challenging the jurisdiction .cs
Gle special term of the Supreme Court
ln White Plains TO confirm the find
eags of Referee Gleason in favor Of
shs defendant and asserting that the
ealy special term which had jurisdic-
Eon was that before him in Rockland
county. =
Justice TompkinSs decision auto
haticaily reopens the case aud sends
| Mtn the Appellate Division for deter.
hination of the jurisdictional ques-
lion. And it is scouched in such terms
lars that if the higher court sustains
his opinion he isg likely to- refuse to
follow Justice Morschauser's lead in
sostaining the referees report absolv-
iug Mrs. Stillman of misconduct. !.
Justice Tompkins closes his decision
erolaining that desire not to add to
Ne disorder and confusion at this time
vyevsnts his exercising the jurisdic-
tioapt which he claims, and ut was
rolnted cut that were he inclined to
support the referee a separate decision
81 The merits would hardly have added
81 much to the confusion as has the
stspSwhich he took yesterday throwing
ths whole case OPEN. r.
May Differ With Referee s.
Tie feeling that Justice sTompkins
may sbe inclined to- disagree with
Referee Gleason grew stronger when
Il was remembered that it was Mr..
StiInsas attorneys who were anxious
hsnlthe referees report come up
beiarshim for approval or rejection,
hI5sMg of in the special terms in,
P&shkeepsio or White Plains. On
sspsmber 20 they. obtained an order
tcshow cause before him on October
5Thy the report should not come up
before him thereEat once.
AS upon this order that the de-
nkcn fled yesterday was based, Tor
tteNvaek jurist contends that it was
ssalaSl several .hcura bsSsre tho
| fiNssar order returnab1e at Pough-
kspsie on October was obtained by
*
days before the order obtained by Mrs.
Sthlman 1eturnabIe at White Plains
eR0ctober 4, on the strength Of which
Justice Morschauser rendered his de-
eision on October g.. $ S
After the special term In White
Yl4ina had rendered its decision the
foaghkeepsie order was. dropped. and
little Importance was attached to the
hearing which was held befoEe Justice
Iompkins the next day. The two or
ders were referred to as "odds and
ends" Of the litigation, and it was gem
srsliy believed that the banker had no
Sesourse left beyond an appeal to the
highsr courts from Justice Morschau-
ssfs findings. The decision filed III,
Nyacs apparently came as a complete
surprise to every one. The vigor with
witch Justice Tompkins asserted that
she special term before him had ex-
elusive jurisdiction was considered
startling. 81. - -
NJ conclusion is," he wrote, sitter
ssnsains up the situation, that sinas-1
ssseS sit does not appear that there
as any special or great reason for
fsan..iag the order to show cause re-
se.Aasie Two days later before another
.pseiai term, and three days before the
s ssssuln uay of plaintiffs notice of mo-
ss ssn previously served, that the special
,sm IN Nyack on October z had ex-
stsss've st Jurisdiction of the matter, and
saas tne special term in White Plains
80; 80 without jurisdiction to hear the
6nvtion on October or decide it on
pe.0ber s. and that the special term
~ ronghkeepsie was likewise without
Jurisdiction. = = " : - : = = : :.
I. think that counsel for the plain- :
u ~ Iuiiy reserved the right to bring
sae notion ON before the special teruo
N Nyack by presenting and fil;ngs ~
tections before the White Plains sne.
ciai term. 'pS,
Says Case Is Confused
1nasmuch as the matter was aa.
e1ded and the order above referred e
vas made by the justice holding the
Special term in White Plains Twill no,
add to the confusion and disorder O.
Me case by undertaking at this tim,
e g. exercise the jurisdiction which .s
mink this court has acquired and still
AT the time of the hearing onso octo.
nsr Justice Tonpkins expressed ii
eo uncertain terms his opinion 8,
Srs.s Stilln,ar's attorneys for takins
sse case before Justice Morschause,
Snen they knew that prior motion
ss pending before him. In reservina
sscislon he declared that the sspro-
ssa,ngs in this matter are not com.
snaable" and characterized then, as
asSaly irregular and improper
A9e attorneys for the defense acon-
snaed at the time that the decision
lasMhite Plains deprived Justice Tomp-
4 1nsof Jurisdiction. s = "a;
As White Plains on October 4 the
sxer' 8 lawyers moved for dismissal
nes motion there on the ground of
ghkeepsie, a - : - s.'.>s -
sasso.,s,n no.,on denied" the court ruled
5&su I remarked the attorney, aif
ss. nonor feels that way about ii
81; y 20 use arguing ~ ~
! E Sss alssion to present his arruYn emf
fser granted, but the lawyer .ie-.
Ae appeared before Justice
RAsns three days later instead
9llld dfep, K;UaJ ~, n, s,ss ~