New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-09-07
BENCH AND BAR.
GATHERED IN THE COURTS AND AMONG
THE LAWYERS
TO JUDGE EARL'S ABILITY AND FAIR
NtSS-TUE TENNESSEE SUPREME COURTS
PLAN CT WHITING OPINIONS
LEGAL GOSSIP.

the Conrt Of Appeals. meets with the warmcSt ap
prOval among lawyers. Apart from the strong belief
in the wisdom Of maintaining partisan judiciary
by the denomination OF judges who have shown their
ability ard fairness. there is specially warm feeling.
personally, toward judge Earl Irving Browne. editor
Of The Albany Law Journal In his series Of articles
on the New York Court Of Appeals, published in Tho
Green bag for July and August. says Of Judge Earl
IT would be difficult IN find better equipped maSls-
trnte on any Bench. lie seems equally familiar with
all the branches Of the law that come bcfor, this
court. and he has illEmncd many Of them BY vast
number Of ahorous opinions. Like Judge Andrews.
he takes harl work easily. and he has sustained
nlnchngly an amount OF judicial labor which would
break down most men. and par Of which hos ont
worn sonIe OF HIS contemporaries Ills mind Is as
alert buCyant and vigorous IA II was twenty years
ago. ana his strong memory gives him wonderful
facility IN dealing with the troublesome question OF
prcccicnts lie and Judge Andrews two pillar,
IN this court. strong. shapclv no. onadornfd and
upon which their associates and tIc community lean
with rcposcfu trust Judge Earl cmlneniW deserves
unanimous reelection and If the bar could control he
doubtless would
The cuogy OF Judge Earl voices none too strongly
the sentiments 81 lawyers who have been familiar
with his work q judge f0l twenty one years lie
Is tie oldest in judicial service Of the Judges OF the
court OF tppcal'. though Judge Andrews has been
longer IT MEMBER Of the present court. lis home Is
.
Of many great judges. y majority Of thc present
member, Of the Court Of Aplals from thai dis
trct. Judges Androw> ana Finch with Judcr Earl
the members II the court whose opinions ar
watched for with especial intcTct. nr. Erown" III
his article the Court Of Appeals. pays graceful
tratc to the literary skin # Judge Finch. whose
opinions delightful radirg even to pcr'on' hot
learned m the law and not especially Interested III
tic subject discussed. lie makes few IntaiOn' from
other opinions but sets down common 'eNi' areli
mcnt clearly and then cnorces II with cocrnf train
~ original reasoning II is at orcc pleasure and
surprise t. miss the involved sentence, and proc'-
>Ioral phrascolocy in which many appellate judges
conceal rather than express their thoughts Ncyt to
these model uicrances Of judicial op!ion ia'vyrrs
like to rrId the names Of Judge Andrews or Judge
Earl a, the head OF the published report
Roger ". sherman. the attorney who appears 10 be
d"vo'lng himself largely to endeavors Ia prevent the
state If Sew York from Furnishing it's criminals In ac
cordantr with it, laws was severn. years Az one OF
the brightest Of the young assistants then IN the nit'd
states District Attorney, Office He we'll thought
If is the jude,< and lawyers and showed considerable
skill In much Of Tie work he performed lie. however.
seemed to lc lacking In element necessary To
sr,a success, and did filnl the expectation Of his
friend. lie IA, great faith IN cx'irmc '"'hnra''s.
and when he ,urprd the friends OF one Of the boodlc
Aldermen AID apparently the Alderman himself by
irving 10 BRING h, case before the United States courts
the r.isOniu, Oh which he founded hi Application vas
ahstrSc that IL" Opposing lawyer argued some
other lncs ion than the orc really raised Nr. shcr
NAN has always had Ia \ peculiar degree the power
Of pcraupling the Federal judges Of the wisdom OF
granting hi, applications. He obtained from Judge
Wallace stay Of proceedings In the kernler case ON
a paper M" signed by the petitioner, and though ho
VA. ut-uccr>sful al tn" >uprmc Court he succeeded
IN making tho state authorities def: the execution
II the sentence The order h. prr"urcd last week IA
D. i,,ts ulfh mum In
may be next hd to the electrical chair was revoked
hy the court that made II. but not iii 1t had denh
IL purpose. And now tho sovereign state Of New
York ~. ir>, what Mr.. sherman will allow
II b. do with lie criminal
John A. Shields. IN. popular clerk of the United
STATE, Circuit ,onrt was. thirty wears ac". chami"
bn -llll PLAYER and led successful mn" In tour
Il IT," state. Sow he know NOR lhou' 1il"> "f
court than he does 81 hos' ~ N" game tommiS, nrr
-lld, +. u"w on hi vacation ~ t"p"r>towu. and In
formation received lat week hat h" hal so'"
back t. h!s nr-t love AID had ORGANIZED i lae"bal
nine IN wmch h" wa captain and catcher. The ni:c
j. called la" uh'.""u-.' AID liclud"s citizens VII"
an rot =, al Unknown. E"-id"s the di;n!i"d Com
missioner judge >ain.l ih,rh. lau', pre-. idcnt.
NJ sh.'r. a." local editor. ard ."v"r'l ~t"rlS'"rr'
AID prominent pii.r.H, h"lon: u "Th" r'nhnown'.
AID they hi 4 r"t',t"d gam" lat week with "a"
Mlciirs Gcor,.r ) rr7.dfori acted " uch uot"Icr"
to us,i-t tmplr.. ',curs" Van Horn
Might not app late In other STATE adopt with
prpat the plan 81 III" 1"nn'--cr rnprrmc Court III TIM
matter Of wri,lng opinions. IA" rule that court
III no ease /, opinion Written for publication unlrs'
majority II IN" judge determine that The points I" In
Gccdrd viii adj -ilcLnne of mportanc" 10 tho jurl'
prudence II illc STATE" judge j VI. Dickinson. III
de-, .r.l,l,g In an ,dir,,s how the crart ctir's It's
imict. we'll ,aS The curc III liwA".~ l. IN" multi
nj, ,,iuu %. REPORTS" Ia Tennessee Oplni"n- urc
viltt,I IN uuh 20 ,>'nt Of Tie Casts argued
Twenty per cent of tie 'a'"~ air di"i"'d al NJ uc
time ii the :r,nrt lc'a i~r III pi IA" judge ara "i
,hr opinion that a." law ou ia" ,I l. clear and til
announcement made at Once from i!' h'''"' Inc
de-, ,I,,, II, 80 per ccn the rc oral or c"h
IT,, IN n,crioanda not designed for publication Tie
crci: majority drc,!onS IN III" highest r"ir' III thi
stat. ;, accompanied rs upiiH,n-. many {" them III
., AT I.,th The. Las ycrs themselves arr partly hSpn
-blo for tn mupyin: Of opinions - IN y are h''''N
d. -ail,icl II their n amply Ai' me-" 81 NNcV"
y tiuui any rNuI.,-': Of t'' ri'i' when ~ !" '''
ciou. TIE. iidt,, consume the larger part {" Their
nuc IN ur.paiing OpinIo,. ana no d"ub Nu'h ~ '"o
d,l, win. Il lead, the cloes2A; oi Tie 'ih'dh'" 10
DIM. T., the tl.c consumed III This work. y car III
lawyer pointed ont lat wrrk another rvil oi 'hc'r
L,ug upnio!s. tn" lndHs WHO rrh'f '"u' n"''
necessarily express many ideas not ihW'd'afN '"''"
G,r,l i,v ,h- ,rc before The court and the '"i''
,,,. :. ;l,i diets" tho,;, hall authoritative -
,rr ,io,. dread d by myers ar nultiP"' 'u"."
D,rhln,"n', lu,iiuciiv addtr.' 'i""' h,@ tn WE"
~ the 'lrnnca,V 'hiI'.. ", -, 1hn iuh.r II,
,,,ins hanger hnnr- hoilng L'UIr E''Incnt '"iiSli'
ans, drc,iin. ~ on" Oh clear a. ann 'il,l,'-
, ',,ri,Ig i,ng opinions cA''pi when demanded N
A., ncrr,sty OF rielrn. Hp some doubtful question Vi
Importance
Even If Chicago uycrcon'' thr Jh''t'N 'n II" ~,
,t.. Tor the Columbus FAR; 'n p %nI. ", r "'''
..,,' , P,,, ,hr Law" IA 'hi'a-r pa r. 'Vn'"'
=, law new, Ia, long ana rni,'uN w'.u ~
Y, ,n uhi,h np,r.itly proves mat ttr rrhtlhH
f'," !, 900 coo subsidy l"r III" la'r = nroa,'n
,i,., Th,. trY,-,1 d;,, taken N H." Leg az
r',, r.vn w,ti The fact That the oill"uh uldS'
,n un,opnl,. III Chicago ma!c' II all the stronger
, I, ,c,,u,,, de-. cIp,ion IN >tag'land" 81
, n,w" ln. hunor especially d"l:;i!1t 10 pIart'>.
~ and vii! h"lr rrptr"lu'tr'I. ne "i'"
liis iam , ,i,ts If ,,,c law which w ar, NJ
II, rcnr n,r: y, follow THAT II nan "lc' w','rr'
,.,inr vilI inca al hi property go, :" IA" lear
y ,iI7.in I'M That II man d. ana hiN', WI
ihsa ali his popn, E.' 10 MI. I. III . Of the
,nr.. o.,i ii, u~rn, copy uf mirG.ht' f'r'i"""
thr''' h'iu ''"i .,. Tn. the evidence Of ono