Page:The Green Bag (1889–1914), Volume 07.pdf/78

 Samuel J. Tilden as a Lawyer. once elected Marcus Morton governor of the Bay State. Mr. Tilden, when the proposition was mooted — upon violent protestations of elec toral frauds in three states preferred by his political supporters — that the famous elec toral commission be appointed to declare result, prepared an opinion that, as to its con clusions, however critics may agree or dis agree, they will admit the learning and logi cal force with which that opinion presented premises and illustrations. He combated strongly the constitutionality of Congress abdicating its powers of counting electoral votes and awarding them to an impromptu body born of occasion. He accompanied it with a remarkable table and notes as to the course pursued on each previous occa sion in choice of President — a table that remains of great historic value. His politi

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cal opponents retorted that he combated the commission because he wished to throw the election into the House of Representa tives, in which his party held a majority by vote of states; yet whatever was the motive for the Tilden brief, its legal aptness de stroyed the time-honored, but often inaccur ate, saying, " A lawyer in his own case has a fool for client." During the discussion before the electoral commission Mr. Tilden filed an elaborate brief, afterwards pub lished, regarding the Florida election, and discussing the oft-mooted legal question of the right to go behind certificates of elec tion, and consult naked returns. All of Mr. Tilden's notable briefs are installed on the shelves of the New York Law Institute; and each one indicates the extent and grasp of his legal attainments and adds to his en during fame as lawyer.