The sun. [volume] (New York [N.Y.]) 1833-1916, 1884-12-07
NOTES or LE1AL PKOGRESS.

mayd 4 Chonte has come to m end. IN conso-
1uence NJ the retirement from practice oil Mr..
Charles +. Sou,hmayd. Although comparh-
lively silent member. Mr.. Southmayd. in the
estimation Of his brethren OF tho bar WINS tho
equal OF any Of his associates in legal knowl-
cdeo and ncumrn. He never sought distinc-
ton as nm orator or an advocate. but hc won
distinction. without seeking 1t. as lawyer.
pure and simple. The firm consists. or did
| consist. Of eight persons. and the tradition is
that whenever any OF Fhcm wanted any law
they went to Mr. SoIthmayd for It. The law
that overilownd from him would make three or
four successful juniors. His personal appear
ance was always such "a to command at
tention. You said Hcro Ia n character from
Dickens" as soon as you saw him. and after n
second look YOU would add. And no fool.
either" We arc glad to learn that he retrcs
from tho profession with moderate compc-
tcncy Of several hundred thousand dollars.
Ono OF tho current stories about him is that he
always irownod on matrmony. Whom n clerk
in the Office contemplated marriage. the last
man HI told was Mr.. Southmayd. We believe
Mr. Southmnyd also ent"rtans profound dis
like for tho elevated railroads. and never goes
on thern. A circular before us announces that
the business will bo carried on by the remain
ing partners tony seven IN NUMBER under tho
name OF Evarts. Choatc & Deaman.
Tho decision Of Vice. Chancellor Bacon Of tho
English High Court OF Justice. in tho suit
brought by tho Earl Of Lytton to restrain tho
publication o. his fathers Iot,crs to his mother.
sets forth in a clear light the control watch the
law gives the writer Of n confidential commu-
nication over his letter after it reaches tho por
son TO whom 1t il addressed. Tho letter bc-
comes tho property of tho recipient. 1t is true.
but this does not include the right TO pub
fish it. That right. says tho Nice-Chan-
cellor does not arise. unless tha tub
LEGATION becomes necessary to vindicatc.
from some unjust charge or asrersion. the
character Of the person to whom the letter was
written. Otherwise. tho learned Judge de-
clarch. " 1t would br neither just nor right nor
lawful that publication of such n communion.
tion should be made " As nobody has aspersed
tho late Lady Lytton's character. the Vice
Chancellor saw NJ propricty in the attempt of
her execu'rlX to defend that lady by publish
ing the letters written to hor by her husband.
the distinguished novelist. who is bes; known
to the world by his name Of Bu,wcr
In England tho courts hold an assignment by
nm official OF his salary before 1t becomes du.
to he contrary to public policy. and therefore
void. This rule has not been followed in all
tho American States. The Supreme Court Of
the conditions OF life in this country. In New
York. however. tho view of the English courts
prevails. In 1874. in the case of Bliss act Law
renee. reported In the 5Sth volume OF New York
Reports. Mt page 40. the Court OF Appeals said:
Wo do not understand that the English dec-
sions really rest on nnygroundS peculiar to that
country. The substance of it all is the necessi-
ty OF maintaining the efficiency Of the public
service by seeing to it that public salaries real
ly go to those who perform the public service
10 this extent We think ths public policy OF
every country must 20 in order to secure the
end In VIEW" Tho question recently arose in
California for the first time. and in decision
rendered on the 3lst OF October. the Supreme
Court OF that State declares the decision OF the
New York court more reasonable and satsfac-
tory than the Wisconsin case, and adopts tn.
rule as now settled in this State and England.
Judge Gildersleeve. according to the report
OF his last charge to the Grand Jury declares
that the Court OF General Sessions in this city
even with the assistance OF tho Cour. of Oyer
ana Terminer. has more criminal business
than 1t can do. and suggests that there is
enough work for another Judge. As we under
stand the present practice of the Court OF Gem
oral Sessions. however only two parts ARE held
at once. so that every month one of tho three
judges Is OIL duty, BY providing an additional
room. three parts might be held mt the same
time during tho greater portion OF the year
rms would hayd!y impose too much labor on
the Judges. AS they have no opinions to write.
and very little work To do out Of court
An Interesting case concerning an innkeep-
er's liability for the property of n drunken
guest has recently been decided by tho SUI
prone Court OF Michigan. The suit was
brought by n peddler to recover tho value Of
his valiSe and goods. worth upward of 5000.
which wore stolen AZ tho dnfcndant's hotel
after tho pedder had put up there for the
night. on til" trial it appeared tina, the plain
iiH drank freely nj the hotel bar and became
somewhat intoxicated on the cycnn: tho
THEFT was committed. A point was made of
this fnct by tine counsel for tho defendant,
who Insisted that tho liability of his client
whs lessen"d by reason %. the plaintiffs drunk
enness The trial Judge however took a very
different view. and charged the Jury on tho
contrary. that the dniendnnt's liability, ftLere
were my difference. was grcnter. In ,act."
he SAID. when tho goods were once placed in
ms charge. III" fact that the owner of the goods
got intoNlcatel there ut the bar of tho land
ior'l II anything. snoIll hold the landlord to
strl"ter liability on that account" On nprcal
TN" Supr"m" Court approved this statement #
the law and upheld the verdict for III. plnin,iY
inc ibnhg In" JuUWui expresses n wish
that tn" Legs 'a'urr this winter would do away
WIN most OF III" Droson, excuses from iury
duty 1t ought also ~ change thu Un,ii of moo
Tor jurors by reference To- thp Coke ar Civu
PROCEDURE We find that in or ler to he qualified
to serve MS n trim juror person mus. le un1.r
SlNy years 81 nE". except in tho city AMI
county Of Navy York, wher, the limit is sev.r,y
years. Why should 1t not be seventy ev.rv.
whore? Why should thcrn ba any difr,renc, IN
this respect between Now York and Hrool,yn
\ great many citizens between the n-os ~ s,y,v
ana seventy have more leisure than .ynuny.r
men, AMI would make excellent Jurors.
F"EFbOM ILLESTR 4 red
Inc views fla Pr"grrssive Journal Of I.,yn.