New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-02-13
ENGLISH TOPICS.
SIR RICHARD MALINS. SIR JOHN HOLKER
Mr.. JOHN JONES.


LONDON January Is.
The death Of Vce-Chancellor Sir Richard Mains
mas given rise TO variety Of obituary notices. All
of which are interesting. Among the facts they
bring oui more or less clearly is one fact most sig
ni6cant of all Sir Richard Malns was Judge VINO
was held in great respect by the puoilc' ana Ill
something less than respect by the legal profession
of which he was ornament. The reason is nor
Far 70 seek He was Judge whose first solicitude
,ras IN do ustice What the legal profession values
of course is the triumph of law, ana its most dis
tingushed members in this country seldom have
any other practical conception OF justice than as
a thing subordinate to law. The notion that
law exists and that technical rules are framed Tor
the purpose of doing substantial justice as between
party and party is one which layman would ac-
cent ms elementary. aud at which hardened old
LAWYER most commonly sneers as sentimental. The
LAWYERS accordn-ly were much given TO sneerlng
Mt ee-Chancellor Malins a judge who thought
first of the merits of the case before him; OF what
was right ard fair ana honest. suppose he went
stem further Instead of forcing justice to adapt IT.
self to the Procrustes bed of precedent. he did
sometimes stretch precedents to make them cover
justice.
1t became the fashion to assume that Sir Richard
Malins's decisions would be reversed on appeal No
donbt many of them were. But | remember seeing
not long ago a tabuated statement of decisions
and appeals during ain period. from which ii
appeared that the number of the late Nice-Chan-
cellcr's decisions which had been overruled was
considerably less than some of his colleagues VINO
stood better with the profession. II recolIect
rightly Sir George JeSsel himself was pretty much
nm n level in this respect with Sir Richard Mains
Nobody, so far as l know, doubted that the Wee
Chancellor who has Just died had an adequate
knowledge of the law of equity-eQuity in the tech
nical sense He was master of some OF the most
ni,cult and abstruse branches of legal learning;-
in conyeyancing, for example. and whatever re-
hates to the transfer and devolution OF landed
property, Sir Richard Mains was an expert But
he took no pleasure in the use of his knowledge to
defeat the acknowledged and known intent OF
rrantor OF a tesator 1t did not amuse him TO
battle the purpose of a man who wanted To dispose
In n particular way of his own property by mlsap-
nlvn0 TO one set of facts rule devised for another
and different set He had ingenuity, but he found
use for it in reconciling the obvious wishes oil
the signatories legal instrument with the prn
riples which govern the construction OF such IN
struments. Now it is clear that II this haOlt De-
name general litigation would be much discOul-
hoed and II is not wonderful that both branches OF
The legal profession should have scOfcd at Judge
whose procedure brought their profits into peril
Even the leaders at the bar and the bewlgged OK
leaders on the Bench who were no longer competing
for business but in whom the traditions of their
practising days remain stro1g to the last TOOK
mart in this dsparag6ment of their colleague. but
Il is none the less possible to pronounce a eulOgy
npon man in whom long practice IN Court OF
Chancery and easy familiarity with all It's hctons
and snbtleties, could not eXtinguish passion Tor
fair dealing and faith in the Obligations of morality
Mr. Gladstones appointment of Sir John HOlker
10 be a Lord Justice of Appeal IS an act which
NAV be commended to Mr.. Conkling as profitable
subject for meditation. Sir John Holker was
Attorncy-Genera under the late Tory Government.
He had signalizcd himself by one or two personal
attacks on Mr.. Gladstone, of rather unusual acri-
mony. He was all political matters AN out and
out Tory partisan. He was member for borough
so Tory that it Is regarded hopeless for Liberal
candidate TO contest the vacant seat. But he hap
pened 10 be the best available man for great
iudicia post and it has been conferred on Linn
This Will certainly STRIFE Mr. Conklng as an eX-
ample OF extreme political weakness on the part of
the Liberal leader. IL may or may not surprise
him since lac is understood to hold but poor
opinion of European skill in public affairs But 1t
certainly Will surprise him to know that by such
an appointment Mr.. Gladstone is MOI thought TO
have weakened either his party Or himself, but to
have strengthened both
Not many people, suppose beyond the circle
of his own Acquaintance ever heard OF Mt. John
Jones who died last Saturday. But he is destined
TO be known and held in grateful respect By hun
dreds OF thousands of this and succeeding genera
fions Dying at elghty-tnree ne mas lel Nv Will 10
the British Nation of the most splendid egacies
any people ever received Mr.. Jones belonged to
that race at which so-called practice eople some
times think themselves entitled to pro1usely.
He was a collector During his lifetime he occu-
pied and amused his leisure in buying a great many
things which arc compendiOusly described as brio
a-brac He bought pictures also; and pictures
have attained degree of responsibility and
fashion not to speak of commercial and readily
exchangeable value which nsures them against
the contempt OF the most ignorant. Mr.. Jones Is |
said to have understood pictures, and 20 have |
formed gallery of works by eminent modern |
masters English for there are snch Belgian |
Dutch and French One writer adds Italian but 1t |
might puzzle him TO say of hand who the eminent |
modern Italian masters are. His gallery however, |
excellent as it may be- was doubtless surpassed by |
many others-whch have not been. and are not |
likely TO be- given to the public 1t was by his ac-
cumnlation of brc-a-brac of the highest and most |
various order that Mr.. Jones became known to the |
dealers of Europe and this il is. infeis, which
constitutes the greater part of his magnificent gift
One must be content. for the present, to indicate
The worth of the collection 10y mere figures. Mr.. |
Jones during his life, computed that he had spent
81 100000 in buying his treasures. The money |
value of them to-day is estimated at double that
sum-perhaps more. There are miniatures and
enamels in great numbers by PetilO Zulcke and
BORDER gems of art, which were lent by the owner
for exhibition seventeen years ago. and which have
since been the envy and hope of other miniature
collectors: living in wait as their is for the
death happy pOssssor and the dispersion of his
gems by auction; hope now doomed to disappofnt-
mont forever The legacy includes Also says a
writer who seems to know something about II,
much Sevres porcelain of Incompatible beauty