New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-10-26
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS.


THE COURTS.
Only less important In the administration OF >usuce
tnan the election Of good judges for the places ~nca
become vacant this year is the selection OF DisricS
Attorney who will conduct the business Of the once
wlthout succunbing to the numerous Temptations W
misuse his power Mcmberv Of the bar arc espec'aiy
interested IN the contest for this Office. or"oi
assistant In the ONCE said recently mo one VINO mas
not been connected with the DistrctAttoney's once
knows how powerful the chief prosecuting oncer OF
the county is, and how freely he can uso his power
Not only Is the dismissal Of practically Ill MS
power, and the "pieeonholings Of other cases easy
but In regard especially to msdcmcanors. such as s..
else cases. he can exercise an Immense power. no
has only to listen to the voice Of political friend ana
he will be urged not to try certain excise case
He can easily say that there many cases tna'
he cannot try them oil and lay that Indictment aeoe
Another political friend will soy that 1t Is necessary
to obtain q hold on certain liquordcaler VINO nus
been unfriendly to the District Attorneys party
An old excise case against him is unearthed ana
system Of squeezing begins. The case is placed on
the calendar adjournmcnts are granted reluctantly
and the outside political friend informs the liquor
dealer that his only way Of safety from prosecution
is 10 change his political allegiance. He agrees 10
do So word Is spoken at the DstrictAttorneys once
and the squeezing process ends. lawyer OF the sao
political faith the head OF the Office may ina IL
easy TO obtain ad1ournments. and a political oppo-
nent has difficulty in obtaining the smallest fa'ors'
Such the results Of electlng DistrictAs'orney
with q political following which makes 1t mpossipis
for him to act freely. The model District Attorney Is
one who has independence though TO know no parry
In the administration OF his Office.
Ono difficulty with a1dc<sion by divided court
Is that the dissenting opinion Is at times fully Us
conclusive to the ordinary mind the opinion ~hich
expressed the sentiment Of the majority OF the judges.
a recent example Is found In the case OF fe'er
Suacr against George Cafe and Adele Marie Cane IN
which the Second Division OF the Court OF Appears
considered the question as to whether WIG was IT,
sponsble for debts contracted in carrying on business
as her husbands partner. The majority OF the de-
clsiOns the point in this State seem to point 10
the conclusion that the husband and wife could not
become partners in business, although the wife couid
become partner with q person other than her
husband. Judge Foett, Vann, Parker and brown,
of the second Division, have, however just decideo
that "when II husband and wife assume to carry on
business partners, and contract dents III 'hc
course of 1t. the wife cannot escape liability on
the ground OF covertue." Judge Follcts opinion Is
not so exhaustive as that Of Judge IIaght, who. win
Judges Potter and Bradley, hold to the opinion that
the contract OF partnership was void. ana ater en-
aiming both opinions by judges highly raspec'eo
by members OF the bar the reader wishes that inc
problem might have been more conclusively settled
Judge Iaights reasoning certainly does not appear
less plain than that OF Judge Follett
Even the Court Of Appeals, makes difference oe~
tween the decision by divided court "nu
II unanimous decision. In the case OF Henry Cic"s ana
others against the Bank OF Ncw-Yorh National bahK
,e Association. the Court Of Appeals first decided
in favor of the bank OIL point by DIVIDED court
and few DAYS later, when the case again went up
ON appeal decided in favor OF the plalntin. III Vho
oplnion i'm the latter case the court saiu WITCH
the court Is divided it was on the hrst appeal anu
the majority concur simply for reversal, IL Is not
,ox.nn 1lppn
cxccpt the precise point in respect t. WHICH error
g., ,ho judgement OF the court below was made TO
anncar- So that lawyers must be careful no" lar
they accept the opinion OF the Judge WHO j. "'o
spokesman OF a majority, except MS 10 the maj" uo
discussed Another case In a recent Voiume VI t'o
Court of Appeals reports in which majority I"ueo
uscs arguments which appeal as strongly To the
ordinary mind as that OF the Judges representing INC
no,oritv IA that in which the question was discussed
&C m whether a Supreme Court Justice who retired
ON account OF age entitled to receive aiiet 70
tIrement not only his salary, but the ADDITIONAL
compensation allowed him IN place oi ON
nonses. Judge Andrews in forcible opinion held
IN the view which would seem to have c0mm0nsensc 10
hack H. that when the retiring Justice ceased to require
money for his expenses in travelling from county TO
county in the performance OF his judicial duty' Tue
allowance for expenses should cease Inc maJ"'S
opinion was written by judge OF less eAPelio""o
than Judge Andrews, and would probably be less likely
opnions is so full Of difficulties that it would certainly
Ina easier for the perpexed lawyer to whom the worse
sometimes appears the better reason, that only one
opnjon should lie written or that the Judge WIN
writes the prevailing opinion should be provided with
a series OF convincing arguments which would mako
any other position than his seem untenabe.
Some interesting cases have been submitted recehtN
to the General Term. according to the carelii's
written abstracts published In "The Law Journal
ic hat NJ he
five firm OF Shpman. Barlow. Larocque d ohoa'e
ca,net the Bank OF the state OF NewIork, In which
the LAWYERS seek to recover nearly s23OOoo OF 'ie
money lost through the forgerieS OF Bcdcil' tho e'i
estate clerk Of the law firm. The general RUE mas
becn that banks responsible for amounts ioe'
through forged checks, but the forgeres IN tns
case were of Endorsements, and not OF signatures 10
the checks and there other pecularities winch
raise interesting questions for decision Inc coure
hollow decided against the bank. An earnest attempt
,vas made before the General Term recently by the de
fendant's counsel in the appeal OF Thomas L. wynn
who was convicted in the General Sessions OF poor
ceiling 10 show that the scheme devised by booksellers
60 nv.de the law Is legal. The contract by when
@, ticket is sold for money 4" to be placed al the
race.track" is held up as real oarsain'
although one OF the parties TO IL behcVeo "
IN be subterfuge. The publication OF the
abstracts OF these General Term arguments oy ih'
Iw Jonrnal, Is attended by strange difficulty TO
,rhicb the Editor Of "The Journal calls attention
lie saws that the lawyers frequently append misleah
,c titles 10 their signatures. One for instance Sss
hinseu counsel for appellant and respondent" ana
leaves the editor to guess to which to choose.
Assstant District Attorney Benjamin F. Dos Passos
Inc tust published a treatise on Tho Law OF Col
lateral inheritance, Legacy and Succession Taxes
Mr. Dos Passos has gained special knowledge OF the
law from his experience in the DistrictAttorney's
Office as he has had charge for Colonel Fellows OF the
inhe
LAWYERS know how important the work OF collecting
,oxos under this law has become and how large an
addition II makes to the incomes Of the Controller
D,a..,ot Attorpey John r. Dos PasSOS tho