Page:The Green Bag (1889–1914), Volume 08.pdf/19

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As the second Judge Peckham occupied every other opinion of his to be thereafter that very chair, its former occupant from a copiously found in all the subsequent New canvas on the court room walls seemed ever York reports, was discovered to be couched to look fondly upon his successor son. And in the good old Anglo-Saxon of Addison's no one entering the place and simultaneously day, to be of pure logical construction, and viewing the painting and the new Peckham written with more care than were his opin on the bench could fail to observe that the ions in the court below. Judge Peckham latter was to a notable extent a physical re seems to take an apriori pleasure in a reversal, plica of the father, as every veteran lawyer and his opinions toward that direction seem who pleaded in the court room recognized to have more vim than when he sustains. that the son was also intellectually a replica. I recall that, sitting not long ago in the The example of heredity in the matter has court-room while an argument was proceed long been a topic of Bar comment. ing, I overheard the attorneys who sat be side the arguing counsel whisper, "Address When the son first appeared on the Su preme bench, lawyers before him seemed to Peckham particularly: he is shaking his feel that in recalling the sire they needed no head "; and I recognized that the attorney introduction to the new incumbent; and the was fearing the reversal propensities of that listening judge. initials R. W. P. signed to an order or rec ord entry as in former times seemed plcasAnother notable opinion on the doctrine urably familiar. But as one of thirty-two of user of thoroughfare followed, in Avery Supreme Court Justices, Judge Peckham the v. Central Railway (106 N. Y.), which, taken second did not attract such marked attention with another about taxation of eleemosy as followed him when he became one of nary institutions, in Colored Orphan Asylum seven. And when he leaves Albany for v. The Mayor of New York (104 N. Y.), or Washington only one of that original seven soon afterwards (108 N. Y.) with Peoples. will be left — Chief Justice Andrews, who sits Richards, as to whether burglary could be by virtue of that rarity of American politics, predicated of breaking and entering into a cemetery-tomb : all showed that he was a a unanimous election. Judge Peckham's first opinion of course jurist of versatility and answered the descrip attracted much attention from Bench and Bar, tion implied in witty Judge Martin Grover's and even from lay readers, —-for during the well-known remark, " I like a good all acampaign which led to his nomination and round lawyer; but not if he is so all around election he had been, in the columns of the as to argue only in a circle." "New York Tribune," which politically op Another opinion rendered while his judi posed his candidacy, criticised with all the cial appellate sword was still a maiden one, well-known and traditional pungency of its which attracted the attention of the legal editorial comment. This was based upon an fraternity and of newspapers, was in Haropinion infected with a political taint he had nickell v. The New York Life Insurance pronounced during a railway controversy. Company (ill N. Y.), where he reversed a That first opinion is in 104 New York Re case argued by W. B. Hornblowcr, whose re ports, in a case known as Becker v. Koch, and jection several years later opened his own which raised the always interesting topic how way to the Supreme bench. {En passa/it, and to what extent can a party's own witness his brotherly affection, however, for Wheeler be open to impeachment. Judge Peckham H. Peckham, whose rejection further opened in reversing — per curiam — gave an opinion that pathway, would not give him pleasure.) which may always be referred to as a quasi An opinion in the famous Bull will case, treatise on the question. The opinion, like argued pro and contra by such distinguished