New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-11-23
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS.


THE COURTS.
The report of the Revision Committee Oh ue
Judiciary Convention has been filed with the clerk
and will be considered by the commission ao ioS ii'
meeting in a few weeks The members OF the Revision
Committee wisely recommend that the Legislature DC
reonested In the event OF submitting the Propo''a
amendments TO a vote Of the people that te a'he"u
ments be submitted separately SO that the 'o'ei may
mass his Judgment freely on the provisions reia"s
the Court of Appeals, the supreme Court 'ne o"po
Courts and the county courts ana Surrogate oouI's
One of the provisions retained in the proposed amend
ments would bring to end in 1894 tho Terms oi tc
iudges of the Superior Court elected tfls iah' Inv
right to shorten the terms OF these Judges WIN
probably be warmly contested. The doing away WIN
the pension system for Court OF Appeals uuss ~oui.
affect Judge Earl It may be doubtful Wnetnea ~
could be enforced in his There are stu several
points in which the Commission might S t %e cannot
now change the whole proposed system anu Ic ~
ae and perhaps s peSdPg law s Journals Ri Certainly
find much for criticism In some Oh u'e reooi
lnendations of the Commission.
Tho industrious General Term Of the Supreme Court
has advanced rapidly with Its business for week or
two. Among the important cases before the General
Term Justices last week the express company TAX
case in which tho express companies seek 10 escaP'
sessment of their capital stock on the
ground thAt the companies are not corporations
one of the propretors of tho Sturtevant House. VINO
was convicted of violating the law requiring ropes In
hotel rooms the hotel propretors declaring that outside
fire escapes are useful the application on the
part of the elevated railroad TO prevent the opening
of Lexington-ave. between Ninety seventh and one
hundred second and several trade mark cases
including tina. nySvns the right to a nse hs w %
Marcus Ward & CO.. In the last mentioned case Will
lam H. Ward was connected with the nrm OF MARCUS
Ward e Co. and sold out to the plaintiffs IN the suit
They now declare that he cannot advertise himself as
Marcus Wards Son."
Judge Roger A. Pryor, of the Court Of Common
Pleas has Just written his first important opinion 1t
is I'm one Of the elevated railroad cases. and the Judge
decides in favor of the corporation. The owners OF
property In Sixth and Eighth ayes. began suit for an
Injunction and to recover damages for the main
tenance and operation of the road. The proof was
that the rnal value of the property In slxthave had
increased from II 40 per cent since the elevated
road was built and the Eighth-ave. property has in
creased to double or three times its former value.
suffered no damage The decision is more favorable
to the corporation than was expected by some LAWYERS
was general result of the operation of the road as
affecting property situated in the neighborhOod OF the
lots in question Is not dwelt at any considerable
length. Judge Pryors literary style Is graceful and
forcibe.
The protests against the increasing number and size
of volumes Of law reports and law books have appar-
emily had no effect as yet BESIDES the authorized
official reports of the decisions In the higher
and the numerous pamphlets containing recent de-
csons, there Is increasing number OF published re-
ports of affecting single class of litigation.
Tho decisions on railroad law, criminal law,
interstate commerce law and other branches
are gathered in separate magazines and pamphlets
containing selected cases fill up any possible
gap. ono will read a decision first in The Law
Journal" then in the pamphlets, then in some volume
of selected cases and finally recognizes 1t as an old
acquaintance when he II In the official report.
The English law reports have been even more proliS
and expensive than ours, and as a new series
of the official law reports Is TO begin the English
law papers have made vigorous attempt to secure
condensation Of the volumes. The movement has met
some success, although the reports will still be yo-
luminous The council which publishes the reports mas
denoting the year In which the volume IS published.
The citation would then be in this form: . O. b. ID;
nS9ll 3d. which, being interpreted, means Second
volume of the reports Of the Queens Bench Division,
page 254.' The form, If adopted will be awkward
be constant confusion between the year in which
decision was given and that in which the volume is
published
The news that Lord Chief Justice Coleridgc of Eng
land is recovering from his attack Of sickness VIII give
pleasure to many American lawyers who have met
him in this country while they have been travelling
abroad. The Chief Justice has not so high place In
judicial fame his predecessor, Chief Justice Cock
burn enjoyed but he has social qualities which make
him a favorite. He Is nearly seventy years old. has
been for many years the English bench and since
1880 has been at the head of the Queens Bench lie
receives the comfortable salary of 100000 lie con-
Quoted the prosecution Of the famous Tichborne case
and occupied over month In presenting MS argument
lie visited America In 1884 and. on account OF his MS
tOrc name. his reputation jurist and his agreeable
social qualities, was warmly received.
Several highprced lawyers argued last week before
the General Term OF the Court Of Common Pleas as TO
the payment Of Sl5 80, the amount Of two items In
bill OF costs In an elevated railroad The ques-
ton as to whether the expense Of obtaining stcnog
raphers minutes OF the trial and copies Of abstracts
Of title shall be included In bill Of costs may DO
very important one, but the cost Of obtaining do
cison In this case far greater than the amount
| involved. phe learned judges. having due regard
10 the value Of their time. might have contributed %
asked the opposing lawyer what is the amount in
voved In this case and receiving reply that II was
~ drew a 80 bill from his pocket threw II down on
| the desk in front OF him and said There Is your
| money. Call the next case.'
James c. Carter and Joseph II. Choate did sensible
thing week in submitting the appeal in the Tiden
| will case to the General Term Of the Supreme Court
without argument. The General Term Justices would
| undoubtedly have enjoyed the hearing OF arguments
| from lawyers so eloquent those engaged In THIS
| litigation, but when they came TO consider the case
the printed briefs would have furnished the foundation
of the decision. In requiring long ana carefu
| consideration oral arguments usually fade from the
minds OF the judges before they arc ready 70 ueeV
| them. Oral arguments have their value III some
cases but In Others they night we'll be omitted ana al
the lawyers skill and learning be used In the prepare
ton Of the briefs.