492
The Green Bag.
"Now that you have told us what judges have decided about this question," he once said to a lawyer who was arguing before him, "let us hear your views about the reason for your contention." The year succeeding voluntary retirement from office as Assemblyman occurred the vacancy in the Court of Common Pleas hereinabove described, and with the pleasant "A barrel of whiskey in Tammany Hall, and honorable result mentioned. Governor And the bucktails were swigging it all the night long." Bouck, who appointed, was an old-fashioned, The strong political fumes of the period home-spun, "up-country Democrat," with a — but never of whiskey — attracted young fair sense of humor. When Mr. Daly pleaded Daly. It was the season of "Tippecanoe his youth as a possible bar, not only to his and Tyler too," and during which the Whigs appointment, but to his usefulness, the Ex sang prophetically how " Van, Van was a ecutive answered, "True you have only been used-up man." The young lawyer soon be five years at the bar, but youth is a disquali came an enthusiast for Martin Van Buren's fication that you will doubtless outgrow in re-election, and entered Tammany Hall as a five years more." young stump speaker, as well as drafter of The Daly appointment proved to be resolutions and creator of newspaper parti something of an unpleasant surprise to sev san squibs. His value became recognized eral of the Tammany leaders in New York, by party leaders, and three years later he because strong political petitions had been found himself, after an election, an assembly already forwarded to the Governor, praying man to represent what was then one of the for the selection of Thomas Jefferson Smith, wealthiest districts of the city. In the legis then a judge of the Marine Court, or of lature the " Honorable " Mr. Daly soon be Wm. D. Waterman, who was an old lawyer came a marked man; not so. much in de and author of legal treatises. So that in bate — although therein he ably crossed reality by his selection the Governor was rhetoric swords with veterans — as in the saved some political embarrassment of choice less interesting, but more valuable, work of or recrimination, while perhaps tempted to committees. He was entrusted with a sing from Gay's "Beggars' Opera": "How measure of an escheat affecting the benefi happy could I be with either if— " etc. cence of the famous Leake and Watts Asylum At the time Mr. Daly took the oath of trust — litigation about the realty of which office as third judge of the Court of Com became as noted in New York as was the mon Pleas, his associates were two veteran Dartmouth College case in New Hampshire. Knickerbockers : Michael Ulshoeffer and Assemblyman Daly's report on the subject Daniel P. Ingraham, who were each a score attracted the eulogistic attention of the of years his elder. They received him cor lobby lawyers engaged on both sides, as dially. Not so the oldsters of the Bar. Its well as that of his party leaders. He was junior members, however, hailed him with then, as ever, a delver into legal principles, enthusiasm. There had been long seemingly and not a mere devotee to case law. established for Bar and Bench a close cor Throughout his career, it may be added, he poration of mutual admirationists in court has been noted for analytical methods, for proceedings. A dozen or so counsellors seeking after principles, and as a disciple of appeared to monopolize the control of the the maxim eadem ratio ibidem lex. nisi prius and appeal cases. The elder Mr. Daly was soon entrusted with the main direction of the business, and with its conduct at nisi prius et in banco. The era was pre-eminently a political one. There was, as Halleck sang about that time in his poem of "Fanny," as a parody upon Moore's current "There's a bower of roses by Bendemere's stream " : —