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Reform of the Elected Judiciary in Boss Tweed’S New York
File: 3 Lerner - Corrected from Soft Proofs.doc Created on: 10/1/2007 11:25:00 PM Last Printed: 10/7/2007 6:34:00 PM 2007] 109 FROM POPULAR CONTROL TO INDEPENDENCE: REFORM OF THE ELECTED JUDICIARY IN BOSS TWEED’S NEW YORK Renée Lettow Lerner* INTRODUCTION.......................................................................................... 111 I. THE CONSTITUTION OF 1846: POPULAR CONTROL...................... 114 II. “THE THREAT OF HOPELESS BARBARISM”: PROBLEMS WITH THE NEW YORK JUDICIARY AND LEGAL SYSTEM AFTER THE CIVIL WAR .................................................. 116 A. Judicial Elections............................................................ 118 B. Abuse of Injunctive Powers............................................. 122 C. Patronage Problems: Referees and Receivers................ 123 D. Abuse of Criminal Justice ............................................... 126 III. THE CONSTITUTIONAL CONVENTION OF 1867-68: JUDICIAL INDEPENDENCE............................................................. 130 A. Participation of the Bar at the Convention..................... 131 B. Natural Law Theories: The Law as an Apolitical Science ................................... 133 C. Backlash Against the Populist Constitution of 1846....... 134 D. Desire to Lengthen Judicial Tenure................................ 138 E. Ratification of the Judiciary Article................................ 143 IV. THE BAR’S REFORM EFFORTS AFTER THE CONVENTION ............ 144 A. Railroad Scandals and the Times’ Crusade.................... 144 B. Founding -
Supreme Court of the United States
1 SUPREME COURT OF THE UNITED STATES. Monday, October 13, 1902. The court met pursuant to law. Present : The Chief Justice, Mr. Justice Harlan, Mr. Justice Brewer, Mr. Justice Brown, Mr. Justice Shiras, Mr. Justice White, Mr. Justice Peckham and Mr. Justice McKenna. Warren K. Snyder of Oklahoma City, Okla., Joseph A. Burkart of Washington, D. C, Robert H. Terrell of Washington, D. C, Robert Catherwood of Chicago, 111., Sardis Summerfield of Reno, Nev., J. Doug- las Wetmore of Jacksonville, Fla., George D. Leslie of San Francisco, Cal., William R. Striugfellow of New Orleans, La., P. P. Carroll of Seattle, Wash., P. H. Coney of Topeka, Kans., H. M. Rulison of Cin- cinnati, Ohio, W^illiam Velpeau Rooker of Indianapolis, Ind., Isaac N. Huntsberger of Toledo, Ohio, and Charles W. Mullan of Waterloo, Iowa, were admitted to practice. The Chief Justice announced that all motions noticed for to-day would be heard to-morrow, and that the court would commence the call of the docket to-morrow pursuant to the twenty-sixth rule. Adjourned until to-morrow at 12 o'clock. The day call for Tuesday, October 14, will be as follows: Nos. 306, 303, 4, 5, 6, 7, 9, 10, 11 and 12. O 8753—02 1 2 SUPREME COURT OF THE UNITED STATES. Tuesday, October 14, 1902. Present: The Chief Justice, Mr. Justice Harlan, Mr. Justice Brewer, Mr. Justice Brown, Mr. Justice Shiras, Mr. Justice White, Mr. Justice Peckham and Mr. Justice McKenna. E. Howard McCaleb, jr., of New Orleans, La., Judson S. Hall of New York City, Elbert Campbell Ferguson of Chicago, 111., John Leland Manning of Chicago, 111., Alden B. -
“But How Are Their Decisions to Be Known?” 1 Johnson’S Reports Iv
★ ★ ★ ★ ★ ★ “But how are their decisions to be known?” 1 Johnson’s Reports iv CELEBRATING 200 Years of New York State Official Law Reporting “But how are their decisions to be known?” “ We must look . to our own courts, for those precedents which have the binding force of authority and law. But how are their decisions to be known? Must they float in the memories of those by whom they are pronounced, and the law, instead of being a fixed and uniform rule of action, be thus subject to perpetual fluctuation and change? No man doubts of the propriety or necessity of publishing the acts of the legislature. As the rights and interests of every individual may be equally affected by the decisions of our courts, one would naturally imagine, that it would be equally a matter of public concern, that they should be made known in some authentic manner to the community.” 1 Johnson’s Reports iv-v NEW YORK STATE ANNIVERSARY BOOKLET LAW REPORTING BUREAU COMMITTEE One Commerce Plaza, Suite 1750 Charles A. Ashe Albany, N.Y. 12210 (518) 474-8211 Maureen L. Clements www.courts.state.ny.us/reporter William J. Hooks Gary D. Spivey State Reporter Katherine D. LaBoda Charles A. Ashe Chilton B. Latham Deputy State Reporter John W. Lesniak William J. Hooks Cynthia McCormick Assistant State Reporter Michael S. Moran Production of this booklet coordinated by: Gail A. Nassif Michael S. Moran Katherine D. LaBoda Gayle M. Palmer Graphic design by: Gary D. Spivey Jeanne Otto of West, a Thomson Company On the Cover: The “Old Hun Building,” on the left, 25 North Pearl St., Albany, N.Y. -
The Common Law Powers of the New York State Attorney General
THE COMMON LAW POWERS OF THE NEW YORK STATE ATTORNEY GENERAL Bennett Liebman* The role of the Attorney General in New York State has become increasingly active, shifting from mostly defensive representation of New York to also encompass affirmative litigation on behalf of the state and its citizens. As newly-active state Attorneys General across the country begin to play a larger role in national politics and policymaking, the scope of the powers of the Attorney General in New York State has never been more important. This Article traces the constitutional and historical development of the At- torney General in New York State, arguing that the office retains a signifi- cant body of common law powers, many of which are underutilized. The Article concludes with a discussion of how these powers might influence the actions of the Attorney General in New York State in the future. INTRODUCTION .............................................. 96 I. HISTORY OF THE OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL ................................ 97 A. The Advent of Affirmative Lawsuits ............. 97 B. Constitutional History of the Office of Attorney General ......................................... 100 C. Statutory History of the Office of Attorney General ......................................... 106 II. COMMON LAW POWERS OF THE ATTORNEY GENERAL . 117 A. Historic Common Law Powers of the Attorney General ......................................... 117 B. The Tweed Ring and the Attorney General ....... 122 C. Common Law Prosecutorial Powers of the Attorney General ................................ 126 D. Non-Criminal Common Law Powers ............. 136 * Bennett Liebman is a Government Lawyer in Residence at Albany Law School. At Albany Law School, he has served variously as the Executive Director, the Acting Director and the Interim Director of the Government Law Center. -
History of the U.S. Attorneys
Bicentennial Celebration of the United States Attorneys 1789 - 1989 "The United States Attorney is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. As such, he is in a peculiar and very definite sense the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer. He may prosecute with earnestness and vigor– indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones. It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one." QUOTED FROM STATEMENT OF MR. JUSTICE SUTHERLAND, BERGER V. UNITED STATES, 295 U. S. 88 (1935) Note: The information in this document was compiled from historical records maintained by the Offices of the United States Attorneys and by the Department of Justice. Every effort has been made to prepare accurate information. In some instances, this document mentions officials without the “United States Attorney” title, who nevertheless served under federal appointment to enforce the laws of the United States in federal territories prior to statehood and the creation of a federal judicial district. INTRODUCTION In this, the Bicentennial Year of the United States Constitution, the people of America find cause to celebrate the principles formulated at the inception of the nation Alexis de Tocqueville called, “The Great Experiment.” The experiment has worked, and the survival of the Constitution is proof of that. -
Business Valuation Reports
FEBRUARY 2010 VOL. 82 | NO. 2 JournalNEW YORK STATE BAR ASSOCIATION Business Valuation Reports The Importance of Proactive Also in this Issue Lawyering A Primer on the New York By Peter E. Bronstein False Claims Act and David A. Typermass Employment Waivers and Releases “Moot Points” 866-FUNDS- NOW Pre-Settlement Finance BESTSELLERS FROM THE NYSBA BOOKSTORE February 2010 Debt Collection and the Enforcement The Plaintiff’s Personal Injury Action in NEW! of Money Judgments, Second Edition New York State (2008) This treatise answers the tough questions faced by Attorney Escrow Accounts – Rules, Monetary awards determined in court cases involve an the plaintiff’s personal injury attorney every day – Regulations and Related Topics, 3rd array of procedures that attorneys must know. The new liens, special needs trusts, structures, Medicare and Edition second edition, under the editorship of Paul A. Peters, Medicaid, conflicts of interest, workers’ compensa- This new edition provides useful guidance on Esq., not only updates case and statutory law but also tion, no-fault, bankruptcy, representing a party in escrow funds and agreements, IOLA accounts and addresses new issues within this field, providing in-depth infancy, incompetency and wrongful death. the Lawyers’ Fund for Client Protection. The greatly topical analyses. PN: 4181 / Member $175 / List $225 / 1,734 pages expanded appendix features statutes, regulations PN: 40308 / Member $125 / List $170 / 548 pages and forms. PN: 40269 / Member $45 / List $55 / 330 pages Practitioner’s Handbook for Foundation Evidence, Questions and Appeals to the Court of Appeals, Best Practices in Legal Management Courtroom Protocols, Second Edition Third Edition The most complete and exhaustive treatment of (2009) This new edition updates topics on taking and the business aspects of running a law firm available anywhere. -
14Th Amendment US Constitution
FOURTEENTH AMENDMENT RIGHTS GUARANTEED PRIVILEGES AND IMMUNITIES OF CITIZENSHIP, DUE PROCESS AND EQUAL PROTECTION CONTENTS Page Section 1. Rights Guaranteed ................................................................................................... 1565 Citizens of the United States ............................................................................................ 1565 Privileges and Immunities ................................................................................................. 1568 Due Process of Law ............................................................................................................ 1572 The Development of Substantive Due Process .......................................................... 1572 ``Persons'' Defined ................................................................................................. 1578 Police Power Defined and Limited ...................................................................... 1579 ``Liberty'' ................................................................................................................ 1581 Liberty of Contract ...................................................................................................... 1581 Regulatory Labor Laws Generally ...................................................................... 1581 Laws Regulating Hours of Labor ........................................................................ 1586 Laws Regulating Labor in Mines ....................................................................... -
The Gardiners of Narragansett
THE GARDINERS OF NARRAGANSETT Being a Genealogy of the Descendants of George Gardiner The Colonist 1638 By CAROLINE E. ROBINSON AUTHOR OF THE HAZARD FAM'ILY OF RHODE ISLAND <fbtte'b tuitb Jlote• an'b Jnllex By DANIEL GOODWIN, Ph.D., D. D. SOMETIME RECTOR OF ST. PAUL'S CHURCH, WICKFORD, NARRAGANSETT PROVIDENCE •tinte'b fot tbe <fbitot MDCCCCXIX Copyright, 1919, by Benjamin F. Robinson, Samuel R. Robinson and. Rowland R. Robinson. AU rights reseroed. :: :: :: :: :: :: :: IN COMPLIANCE WITH THE EXPRESSED PURPOSE OF SARAH ABIGAIL WOODWARD WHO DEPARTED THIS LIFE SEPTEMBER 24, 1913, THE PRESENT VOLUME IS INSCRIBED AS AN AFFECTIONATE MEMORIAL TO HER LATE BELOVED SISTER CAROLINE ELIZABETH ROBINSON ITS ACCOMPLISHED AUTHOR BY THE EDITOR EDITOR'S NOTE T the time ·of the decease of Mrs. Robinson, July 7, I9<>6, her "Genealogy of the Gardiner Family," comprising the labor of years, had been substantially completed. Without doubt, however, had her life been pro longed, she wouU,jrom time to time, through further research and by means of opportune discO'lJeries, have made valuable additions to the work. fJ Nor can it be questioned that she regarded the result of her patient toil rather as an honest contribution to a. recognized intricate problem, to be farther elucidated by the study of others, than as a final and complete treatment of the subject. No one more readily than the Author herself would have acknowledged that there are in the book, from the very nature of the case, where information is largely gathered from unwritten family tradition, considerable matter of a tentative and even conjectural character, and probably a few assignments of individuals to groups, to be ultimately found inaccurate. -
Pub Journal 1998 Vol 1.Pdf
1998 Journal of Supreme Court History, Vol I ~ PUBLICA nONS CO.MJvITITEE E. BarrettPrettyman,Jr. Chairman Donald B. Ayer LouisR.Cohen Charles Cooper Kenneth S. Geller James J. Kilpatrick Melvin I. Urofsky BOARD OF EDITORS Melvin I. Urofsky, Chairman HermanBelz Craig Joyce David O'Brien DavidJ. Bodenhamer Laura Kalman Michael Parrish KermitHaU MaevaMarcus Philippa Strum MANAGING EDITOR Clare Cushman CONSULTING EDITORS Kathleen Shurtleff Patricia R. Evans JamesJ.Kilpatrick Jennifer M. Lowe David T. Pride Supreme Court Historical Society Board of Trustees Honorary Chairman William H. Rehnquist Honorary Trustees Harry A. Blackmun LewisF. Powell, Je Byron R. White Chairman President Dwight D.Oppel1Uan Leon Silvel1Uan Vice Presidents Vincente. Burke, Jr. Frank e. Jones Dorothy Tapper Goldman E. Barrett Prettyman, Jr. Secretary Treasurer Virginia Warren Daly Sheldon S. Cohen Trustees George R. Adams Kenneth S. Geller Stephen W. Nealon Victor Battaglia FrankB.Gilhert Gordon O. Pehrson Hel1UanBelz John D. Gordan, III Leon Polsky Barbara A. Black William T. Gossett Charles B. Renfrew HugoL. Black,Jr. Geoffreye. Hazard. Je. WilliamBradfordReynolds Vera Brown Judith Richards Hope John R. Risher, Jr. Wade Burger Ruth Insel Harvey Rishikof Patricia Dwinnell Butler William E. Jackson Will iam P. Rogers Benjamin R. Civiletti Robb M. Jones Jonathan e. Rose Andrew M. Coats James 1. Kilpatrick Jerold S. Solovy William T. Coleman, Jr. Peter A. Knowles Kenneth Starr F. Elwood Davis Philip Allen Lacovara Cathleen Douglas Stone George Didden III Jerome B. Libin Agnes N. Williams Charlton Dietz Maureen E. Mahoney Lively Wilson John T. Dolan Howard T. Markey Jamese.Duff Mrs. Thurgood Marshall RobertE.Juceam William Edlund Thurgood Marshall, Jr. -
The HAZARD FAMILY of RHODE ISLAND
The HAZARD FAMILY of RHODE ISLAND THE HAZARD FAMILY OF RHODE ISLAND 1635-1894 Being-a Genealogy and Hiftory of the Defcendants of Thomas Hazard, with Sketches of the Worthies of this Family, and Anecdotes Illufirative of their Traits and a!fo of the Times in which they Lived lf:mlldlut{J'b 1.uitf) J.!'ortrait~ anb ~at:::~itni.[e)1, anb b.litb ~ap anb :)lnb~ By CAROLINE E. ROBINSON BOSTON l)rittteb for tl)e ~utl}or MDCCCXCV Copyright, 1896, by Caroline E. Robi11son. All rights reserved. AUTHOR'S NOTE. HE compiler of this volume, who is a descendant of the Hazard family, has not endeavored to make a scientific, formal or final his torical work, but simply a collection, more or less complete, of genea logical data in relation to the Hazard family. Such sketches of individuals have been inserted as the writer has been able herself to compile, or readily to obtain from sources of information open to everyone. The Jae-similes and portraits have been, as is often the case in books of this class, secured where it was possible to secure them, without always bear ing a stria relation to the importance of the individual represented. In many cases where it would have been desirable, owing to the eminence of the person in question, to have given them greater distintfion by this means or by a very full biographical sketch, it has not always been possible to do so; while, in other cases, less known members of the family have obtained a fuller treatment, owing to sources of information more readily available. -
Supreme Court Justice Appointments: II
Maurer School of Law: Indiana University Digital Repository @ Maurer Law Articles by Maurer Faculty Faculty Scholarship 1941 Supreme Court Justice Appointments: II John P. Frank Indiana University School of Law Follow this and additional works at: https://www.repository.law.indiana.edu/facpub Part of the Courts Commons, and the Judges Commons Recommended Citation Frank, John P., "Supreme Court Justice Appointments: II" (1941). Articles by Maurer Faculty. 1864. https://www.repository.law.indiana.edu/facpub/1864 This Article is brought to you for free and open access by the Faculty Scholarship at Digital Repository @ Maurer Law. It has been accepted for inclusion in Articles by Maurer Faculty by an authorized administrator of Digital Repository @ Maurer Law. For more information, please contact [email protected]. SUPREME COURT JUSTICE APPOINTMENTS: 1I JOHN P. FRANK A new judicial order had its foundations in the tremendous in- dustrial and economic changes of the latter part of the Nineteenth Century. Those changes are reflected in a contrast of railroad ex- pansion and agricultural depression. Railroad mileage increased from 30,000 in 1860 to 93,000 in 1880 and 166,000 in 1890,1 while farm profits dropped to the vanishing point. The financial collapse of 1873, like those of 1893 and 1933, followed an agricultural depression of many years standing and mortgage burdens increased as farm prices went down. High and discriminatory freight rates gave the farmers a readily identifiable enemy, and the agrarian-railroad clash of the Seventies was accentuated by the passing of the frontier. This process, which was completed by 1890, removed the safety valve from the economic machine. -
Folder Title List for Series 320 of the Nixon Pre-Presidential Papers
Pre-Presidential Papers of Richard M. Nixon General Correspondence, 1946-1962 Series 320 In the holdings of the: Richard Nixon Presidential Library and Museum 18001 Yorba Linda Boulevard Yorba Linda, California 92886 Phone: (714) 983-9120 Fax: (714) 983-9111 E-mail: [email protected] Pre-Presidential Papers of Richard M. Nixon General Correspondence, Series 320 Folder Title Folder Title Box 18 Aandahl, Fred D. Box 19 Aarons, Morris Acker (nee Peterson), Marje Aarons, Robert H. Ackerly, Robert Abbell, Maxwell Ackerman, Adolph J. Abbott, Bud Ackerman, Donald H. Jr. Abbott, Frank H. III (Pres.) Ackerman, J. D. Abbott, George Ackerman, J. Waldo Abbott, George W. Ackerman, Johann S. Abbott, Gordon G. Ackerman, Luther H. Abbott, Stanley W. Ackley, G. David ABC Newspapers Action Books ABC Picture Book Publishing Co. Action, Inc. Abel, Glenn C. Active International Abel, Hazel (Senator) Actors Equity Association Abel, Rudolph Adair, E. Ross (Hon.) Abel, Timothy Adam, Kenneth L. Abele, Homer E. Adamo, Alfred P. Abello, Tom (Capt.) Adamovitch, Alexander (Dr.) Abelman, Max Adamowski, Benjamin Abels, Jules Adams, Alger L. Abercrombie, R. H. Adams, Arthur S. (Dr.) Aberdeen-American News Adams, Benjamin C. (Hon.) Abernathy, Ruth (Miss) Adams, Byron S. Abernethy, Tom (Mrs.) Adams, E. K. (Mrs.) Abplanap, Robert H. Adams, Earl C. Abrahams, Lewis M. Adams, Harry C. Abram, Joe Adams, Howard C. Abrams, Morris Adams, J. Alston Abrams, Norman Adams, John Q. (Mr.) Abramson, Michell N. Jr. Adams, John B. Absentee Voters Bureau (Republican State Adams, John W. Committee, D.C.) Adams, Joseph P. Abshire, F. Presley (Hon.) Adams, Julius Abstine, James Abt, Henry E.