New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-08-03
FROM BENCH AND BAR.
GATHERED IN THE COURTS AND AMONG
THE LAWYERS.

IN mixing Pubic irlr ffcOWUiSludliOn>f 50 lUdt l'N
may be discussed by LAWYERS. one aim Of the nett
Der, of the convention has apparently been 10 relieve
Court of Appeals Of the amount Of work which has
caused delays in litigation heretofore by making The
decision, at General Terms wciChticr than at present
through an increase IN the number Of the General
Term justices and the changing manner Of their
selection. The members of the convention appear +"
believe that litiGantS Will accept the decisions al
General Term j. final, and viii rot carry many Of
the to the Court OF Appeals some OF the judge
OF the Court Of Appeals said to entertain this
belief to the effect OF increasing the dignity of the
General Terms. \ clear headed supreme Court justice
of this city. however, SAID recently d" I do not be
cve that the number Of appeals can be lc,sencd
in any such way is proposed. Lltigants viii not
he satisfied until the highest court has passed hppn
the Justice of their clAim,. Moreover do not thinh
that the people want any restriction on the right Of
appeal. They desire The privilege Of having all til"
questions raised decided by highest tribunals. II
would make no difference whether four judges or
forty decided the matter at General Terms the party
to the controversy who defeated would refuse 10
accept the result until further appeal mad beer
decided
The suggestion to elect throughout the state General
Term Justices who shall not sit at circuit or trial
terms will probably lead to discussion almost a
animated that which may be expected on the
proposition 70 decrease the length Of the judges
terms OF ONCE from fourteen to eight years. MANY
lawyers believe that judges who concerned only WITH
cases taken before them on appeal arc apt to become
technical. and 10 mis-, the breadth Of view Tllch
contact with human nature at trial terms NAV In
sprc. They cite the fact that the htcd state
Supreme Court Justices required hold circuits oc
casionally and TIM, brought into contact with the
members Of the bar Of the district Ia Which they arc
assigned. Tie labor Of the General Term judge
would also he unequal. the numbe. II appeal
IN the First and second Departments is much create"
than in The other departments Of the state. some
of the judges might prefer to do onr work in appeal
cas,, but many of the judge, of the most active
minds express their pleasure at the relief which
occasional duty at chamber, or AT trial terms aHord,
The resignation Of Assistant United state, District
Attorney OConncll will leave in ofIic" after october
only H. G. Plat of the assistants appointed under
the Democratic administrations, Assistant District At
oruey Thoma, Greenwood Of retains the place
To which he was appointed when General stewart j..
WoOdfoId first became United states District Attorney.
Mr. Greenwood served through General WoOdford-
terms and under District Attorneys Root. Dorshcimcr
and Walker. lie has a knowledge ~ tarin aw and of
the complicated customs litigation of many years back
which is unique and j. Of great vaiuc to The Govern
nent lie is the only assistant whose services
so important that he not disturbed under the
Democratic administrations ~ The Office His Strength
lie, in a love Of investigation and ability 10 group the
facts gathered bv close research ~ to form an
almost irresistible argument. one Of the clerks and
messenger have also been retained I'm the places f"
which they appointed under former Republican
District Attorneys. The salary attached 10 Mr.. OCon
n-ll- Office only ~ 500 aud thcrr have been f"
applicants for II yet. EN-lu,tce Gedney continue
10 DE the strongest candidate for appointment IN the
place Of Assistant District Attorney Rose.
one Of the most dgnlfcd 81 the judge was holding
court recently and waiting the hench for the
nf which had p.fIrcd ~ deliberate
verdict The judgc'- gavcl had Just dropped from hi
desk and he reaching down 10 pick il ny from The
floor. While his form concealed behind the desk.
enter ready tonFed loud voiced attorney who called
out b. the clerk " Hello! Court adjourned Where's
nj, nobs - Just then the head Of the judge rcappcacd
from behind the bench and the recovered Pivcl vaA
used with much emphasis 70 enforce order. The at
torncy for once in his life abashcd and silent
A Young woman whose lawyer sought counsel foc'
and nlimony on her behalf before Judge Beach last
week had strange idea a. 10 the marriag" clnton
She had first married without disp"u'atiOn from a
Roman Catholic Bishop. aud being Informed that her
marriage was irregular she brought suit for ,cpara
ton and obtained almouy. Then she obtained Il d.
pensation satisfactory TO priest and went through
another wedding ceremony with her husband She
refused however 10 live with him in the place hc hyd
chosen and she argued. through her counsel that tn"
inonv should be continued enable her to live IN q
boarding house. IL am afraid said Judge Beach.
tina, the plaintiff doe not exactly comprehend what
marriage is. She seems to think that she may live
anywhere she chooses aud compel her husband 70 pay
her cxpcuscs She must learn, however that II her
husband offers her a ,uitab" home With HIN She must
accept IT, unless there Is god cau'e for scpara
ton
How many lawyer or other citizens know that
bugust IL the last month Lefor this sweeping enact
n..nt OF the lust legislature eoc, into effect ""
child actually or appar ais under sixteen wears OF
age shall smoke or IA any WY any cigar, cigarette
or tobacco In any form whatever In any pHD' ''Ie'i
te 4 ml-drmcanor and .hall De punished by line not
exceeding ~ and not lee, than ~ for each ohcno"
writer In The Albany Law Journal suggests on" am
age He says that -om" OF old bow have an lniuuc
look that might bring them IN danger OF punishment
Another part OF tie law night ~Orn naI.H'P - "''
one chose 10 seek q literal enforcement on u; u
bows cannot tob0cco IN any way. can they hclp y"
Cr1r' for dealer The public would be- gladly
relieved Of the nnirapce Of cigarette smoking o5 yors
boys IN the public street,, but The question may oIl,'
a. 10 whether the Legislature can prohibit nesscngeI
porter, for instancc from carrying Oh c" quiz QUIZ
u~,, II the community f. not Injured. Ihc III
a,ure Ia, for several year, had mania foi crranG
misdcmeanor. aud II oaic to say tat oo'nc repuaD
citizens daily committing acts wmch uhHh3Mh ~
them are denounced Oh me statntc bo'hs. INC ~
tempt 70 brand as criminal any merchant ono cav
away picture or other article Win gohs hnf'a"eo,
uas defeated In the courts which declared the act oi
the Legislature unconstitutional.
Judge Beach succeeded Judge Andrews last week
AZ supreme Court Chambers. The aSSlgnIncstS ln
dcatc that the judge Of thi' department VIII nor!
ccnrt ,t chambers through The summer vacation. IL
has becu a canse Of criticism AT times In tie pis'
that with seven justices at salaries Of $1,000 each
nd other. assigned assist them II has still been
necessary 10 ca I'm justices from other departments Al
nm additional expense 70 the taxpayers 70 hoid sum
mer terms Each Of four judge now assigned VIII
bold court for somewhat over three weeks In the
~ncotion ,eason which extends from thr first Mon
sav I'm nlv 10 the first Monday In october. The
iu5ocs ~ Chambers has busy three weeks, but SIN
has much ~ the summer Tor rest
The lawyer who remains In the city In me simmer
tn him for reading and study. The busy LAWYER Is ap,
10 find that he has little tame whilc th- courts arr W
,,e sinr ~ read the growing lcutlUc Of his pro
fc..ion He hurrrdy glanoes over a Journal or
volume of reports. bnt most oi ms study Is gwen w.
va nr,.naratlnn Of cases He has occasion 10 seek
an ,,,ssTbe information some point raised In the
10 In which he j. interested, and he becomes
80 lime master Of that branch Of the law, but ne
reads little that docs not hear on the cases nc j.
-, to fry Now, In his chair in his once
hpH - LL. Kar A..l iMtlnn rlIm,. or