New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-11-02
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMoNO
THE COURTS.

The decisions in the courts points raised In carry
ing out the Ballot Reform law have not yet maze tna
law entirely clear. The defects discovered Aio' |
however, such easily be remedled by new legs
laton next winter. The most important CRITICISM was
in one OF Judge Ingrsham opinions delivered last week
IN reference 10 the construction OF the section rea'
ing TO the nomination OF Independent candidates. INC
law requires that when nomination Is mace 1or
district smaller than the State and greater uhaii
county or including whole county or city, the nomi
nation certificate shall be signed by $50 voters ou'
when nomination Is for the whole city OF New'iorh
or the county Of Kings the city OF Brooklyn ''c
number Of signatures shall be 300 When the nomni@
ton Is for an Office TO be filed wholly or In part oy
the voters OF only portion Of the City and County Oh
New.York Of the County Of Kings, or the Guy VI
Brooklyn than the whole the number OF signatures
shall be 1OO, Frederick Bennett was nomnated on oil
| independent ticket in the XVIII Congress Disuio"
which includes westchester County and one Assembly
district OF New-York City, but the Secretary Oh stae
refused to receive the certificate because 1t was not
| signed by $50 voters. on application 10 Judge III
! graham last week mandamus was granted cohpehns
the acceptance Of the certificate. Judge lngraam SAYS
that the language Of the provision relating to onces 70
be filed wholly or in part by the voters Of only
norton OF the city Of New York exceedingly IN.
ved and the meaning Is obscurs ana NJ adGi e
c6nnty alone Constituted the Congressional district
ESQ would be required TO nominate canai9di
while II Westchester County IS added part OF tnc
city Of SewYork 100 voters must suffice" lie ney
ertheess felt himself compelled to DECIDE Una. o,
100 signatures necessary in the case broas n,
before him. and another ticket will be necessary IN
| the Westchester District.
Tho other difficulties which have arisen In the con
strctlon Of the Ballot law comparatively small.
The opinion I'm the GibbsCowie contest shows that
there should be some method by which the regularity
| OF marty nominations shall be determined Inc pos
session OF the primary machinery of the party IN any
one district is now apparently sufficient TO cnaDic
faction repudated by the party at large TO nominate
candidates who may have their names printed on the
regular party ticket The provision as to the piae
lnr on an independent ticket Of the names OF canal
| dates whom the independent candidates may choose
has also been discussed In court. and the peculiar
| claim was made for the Independent nominees tha'
they might choose many candidates for each ohce
as they wished and have tickets printed and dis'rlo
uted bearing all these names. Each Independent can
didate could according to that construction OF the
law have his name on half dozen ballots, and the
number OF official ballots to be distributed at each
polling place would be increased to the helpless con
fusion OF the poll clerks Some OF the points raiseo
on the applications before the courts nave re been sa
puerie. and though some amendments 10 the 10"
will undoubtedly be made at the neAt session Oh NV
Legislature the law, as q whole has not net WIZ VI
greater judicial criticism than was TO be expected OF
q measure so important and entirely novel In tic
legislation OF this State Senator Saxton the aunor OF
tho measure has explained that most OF the apparent
defects in the law were due to attempts to amend it
to the satisfaction Of the Governor and his advisers
Surrogate Ransom's Indignation is strongly ex-
pressed when he finds that any attempt has been made
to wrong the whose interests are committed u
his care. He denounced last week an appraiser VINO
included in his expense account an item OF go for
RIM and whiskey The closing words Of Surrogate
Ransom's remarks in disallowng the fees would make
an excellent motto for every Surrogate: 81 Will
not submit he said. "under any circumstances 10
, an assault made upon an estate by anybody, ana
, especially by man who Is appointI by me- "no'e
duty IL Is to serve and to serve honestly"
A decision Of the Court of Appeals Just reported
in The New-York Law Journal y" holds TO strict &C
countabilty the officers Of safe deposit companies
search warrant granted by the Recorder OF the
CITY OF New-York in October 1873. application OF
Pinkerton detectives, commanding the police olhcers
to search In the vaults Of the StuyveSant sale DE
posit Company for bonds valued at 100000, when
had becn stolen from the Third National Bank OF
baltimore Mrs Lydia J. Roberts. the wife OF a
man suspected Of having crimnaly received some OF
the bonds, had a vault in the safe deposit company
Money and bonds amounting TO 10000 in value were
taken from the vault rented by Mrs. Roberts. Inc
coprt of Appeals SAYS that the safe deposit officials
were not authorized to surrender any Of this property
except that described in the search warrant but they al
lowed the officers TO take the money well as the
bonds. Tho court says that no prudeh'
man would have allowed his property to be taken
without clo er inquiry. The court also holdS tat
Is no defence for the company in suit by the owner
OF the property to say inc property was ie'ie" "" wv
| various suits after IL had been wrongfuly removed
from the company's vaults. The decision holds the
safe deposit company TO greater degree OF care tai
have some other decided in the courts Inc
general public who find these repositories necessary
in the of valuable property viii be g gad tnat I
o bIlity There have been few causes OF coinpaht ~
sn Large an amount of property in their care that
= | they should suffer for any negligence.
TIL. Southern law papers tell story Of coiorco
Justice of the peace in Mississippi who was very care
u IN enter on his docket every item of public business
o that came before him. lie did not have any Ordinary
" cases to decide year, and the only entry OH tc
- blank forms sent TO him to fill out was TINS falh',
Q Bill Jones defendant. Silva Johnson Officer ns.Ge
IS NJ the peace Judgment married costs pau ny pam
10 tIf satisfaction by both parties
The North Carolina Supreme Court has Just decided
10 | an interesting point on an appeal In the case u
Is stephen Jacobs who tried in May, looo Ill one
the lower courts of the State, and was convicted
mprler lie escaped from custody In August 1ooo ao
secrcted himself In the swamps lie was recapVufeo
in August 1900 While he was at large III FEBRUARY
: 1900 the Supreme Court decided adversely OIL he
T. | onneal When he was again in custody, and day
g had been fixed for execution Of the death sentence
g his counsel made application for reargtheht
y the anpeal on the ground that Jacobs was not II
y custody when the decision of the higher court wa
y, rendered The court few days ago denied this motor
with emphasis. The Judge who delivered The Opinion
said that there was good reason for setting asld
~ the judgment against the defendant because he wa
- lin the woods instead Of In prison. and could no
therefore communicate by letter or telegram with IN
cnunse engaged represent him and protect his III
- erests The court intimated that II the defendan
~ lad been very desrous to consult his counsel h
~ might have surrendered himself and given his lawye
N any information that necessary.
p . ,., A., ,..,
al In deciding the appeal at all while the defendan
was neither in prison under bail the Mort
a Carolina court did not follow the presidents OF mos
other tribunals. The fact that Jones had an assocat
be whose conviction also before the court 10
NC review may have led to its action Chief Justic
,r Waite delivering the opinion OF the United state
NJ rrcne Court has more than refused 10 act o
III an appcaI by the defendant who not In custod
10 an the ground that the Judgement Of the court mgt
OF he rendered nugatory. The New-York CouI
~. ., Appeals said that Harry" Genet ate