Lot 37
Cardozo Benjamin 1870 - 1938 Two years before he is appointed to the Supreme Court by President Herbert Hoover, Benjamin Cardozo, Chief Judge of the New York Court of Appeals, advises his predecessor as Chief Judge, Frank S. Hiscock to "hold out an olive branch to the Governor," Franklin D. Roosevelt, in an address he is to make to the annual meeting of the New York State Bar Association of which he is president.
Autograph Letter Signed "B.N.C." as Chief Judge of the New York Court of Appeals, 2.5 pages, 5.75" x 8", separate conjoined sheets with conclusion on verso of first page. Albany [New York], January 7, 1930. Salutation "My dear Chief" [former Chief Judge of the New York Court of Appeals, Frank S. Hiscock].
On January 17, 1930, Cardozo's predecessor as Chief Judge of the New York Court of Appeals, Frank H. Hiscock, spoke at the 53rd annual meeting of the New York State Bar Association. Hiscock, now president of the State Bar, had retired from the bench at the end of 1926 when he reached the constitutional age limit of 70 years. Hiscock had sent Judge Cardozo a copy of the address he planned to deliver.
In full, "Thank you for sending me a copy of your address which I have read with interest. I see nothing of substance to be criticized. Perhaps on p. 3, it might be well to omit the statement that our court _ÜÛhas repeatedly adjourned for lack of business.' The public might think we were without there was no different cause for preserving us. You might say, _ÜÛand does not adjourn until all the cases read for argument have been heard.'
"On the page before the last, (at the end of the page) you might hold out an olive branch to the Governor [Franklin D. Roosevelt] by saying that it ought not to be difficult to provide for some partial representation of laymen on the commission if such representation is thought desirable.. I cannot think of anything else. Faithfully yours."
Hiscock took Cardozo's advice. "The New York Times" reported on January 18, 1930, that in his address, "Judge Hiscock outlined the movement launched by the association to make a survey of the administration of justice, and disclosed that the survey had been handicapped by the inability of the committee, headed by William C. Breed, to obtain the necessary funds. Judge Hiscock estimated that at least $75,000 would be required for the survey. He referred to the Governor's veto of an appropriation of $60,000 for the survey on the ground that laymen were not represented on the commission and suggested a new attempt to obtain the passage of a measure."
On February 6, 1930, Governor Roosevelt met with a delegation from the Executive Committee of the New York Bar Association headed by former Judge Hiscock. "The New York Times" reported that a "bill sponsored by the Republicans was passed last year, but the Governor vetoed it because it provided for an investigation commission composed exclusively of lawyers, while he had insisted that there should be a liberal sprinkling of laymen on it. _ÜÛI am now very hopeful that a bill we be passed on which all hands can agree,' the Governor said after the conference today. _ÜÛI am glad the Governor said that,' Senator John Knight [President pro tempore of the N.Y. State Senate and a Republican] remarked when informed of the Governor's statement. _ÜÛIf he wants some lay members on the commission, we have no objection.'"
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