New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-11-09
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS.

GATHERED FROM LAWYERS AND AMONG
THE COURTS
The general election inst past did not make great
changes In tie courts and among the officials who
come most in contact with lawyers Judge Earl will
continue for four years to add strength TO the highest
appellate court One new Supreme Court Justice
was elected and one member Of the present eeond d.
vision of the Court OF Appeals reelected 70 the
Supreme Court. Judge Freedman viii continue hs
honored and useful the superior Court bcncn'
and Judge ritzsimmons, who has been known ~ the
bar for several months Judge OF the CITY court
will remain In Office. Judge MeAdsm VII sn! %
judge aud II his sphere OF judicial labor y wdensa
% Industry and vii Ely - s an or
S x ! The s ss' ss en- ss d
' viii o sentnse dc reforms n:ss y ss:1S
do away with some Of the abuses which made the
Office notorious under some OF the shenns VINO ~"
Judge McAdar,, who Is promoted from the city
Court to the Superior Court, will be greatly missed
from the court which he hal fairly dominntcd n
many years by his energy and strength OF WI.
Judge Nehrbss and he have been regarded as tho ao
members Of the City Court bench, and the DEAN OF
one and the promotion VI the other VIII make con-
siderable change In the constitution Of tbs ccurs
Judge McAdam Is industrious tn remarkable degree.
As practising wycr he was untirfng and nerv'usly
active. In his carly years OF practice be would ss
in his East Side ONCE In the evenings until late
hour preparing papers for the tradcsnen and house'
holders Of the neighborhood, and he gained an &C
lishcd law books have been among the most useful
Sr long s % q Tie city ccar ana
his promotion will he well received among lawyers, OK
cuiIarities and he win aid strength 70 the bench OF
the court in which he will serve. Perhaps Judge NC
Adam will hear less patiently han some Of the OTHER
judges the tantazng tactics OF the elevated railroad
lawyers.
The election of De Lancey Nicoll from anxiety
many OF the assistants in the District Attorneys Of
fcc most of whom followed Colonel Fellows In his
touchdown for safety just before election. All
OF the regular assistants except Mr. Coz. gave
more or less warm support to Mr.. NicolI, and they
expect to he rewarded by continuance In once.
How far their hopes will be realized remains too
determined Among tie other problems Of the future
are the degree IN which the able, honest snd quick
wltted DstrictAttorney win allow himself to 10 con-
s S to w b. lis poe ct 2s snss IL vii
90 into Office under favorable circumstances In thai
there trials pending Of such great public interest
as those which Mr. Fellows was called upon to dispose
Of in the early years OF his administration
"The London Pump Court which usually tens
good stories but not often new ones, says thas
Justice Maule, once addressed these words TO
defendant in the presence of the jury which had con-
vcted him Prisoner Ut the bar. your counsel thinks
You innocent; think you innocent; but jury OF your
own countrymeu, IN the exercise Of such common
sense as they possess which does not appear TO b
much have found you guilty, and II remains that 4
sIould pass upon you the sentence OF the law. THAT
sentence is that you be kept in Imprisonment for
one day and as abort, that vou day business, %s rd
EIIenboroush says Pump cSSrt h.a had 9 ins
N MIN ct time rs '
raised and Sid hesatney: MY lord the uniortunats
client who II. ss him WITH thu
mark, which did not prove encouraeing: You may
go on, sir so far the court Is quite with you.'
W. W. Mcfarland. the well known lawyer. deliv.
cred an address betru the Cornell Law School, which
has recently been printed in part In The Albany Law
Journal 1t contains in graceful and eloquent Ian
guage an earnest appeal for scientific study OF the
principles of Jurisprudence opposed TO blind fol-
lowing of precedent and the worship of "casc law
Some pungent sentences are "As the result OF CEN
turtles Of this sort Of caselaw making, OF 1udiciaA
wobblng-now q little backward and now little f9r'
ward--certan general principles and doctrines have
been evolved and have taken more e less nrm 9ne
palpable form as rules of positive law But e for
anything like rational and scientific system Oh
Jurisprudence, 1t does not at present exist In any
English-speaking country" In the decision Of case
refuge is too often found from the labor and response
bilty of original research and independent reasoning
in n @ Ss r a9S ana wrong Of
tcuar case principle but the amer Of conn ,@
this unphosop6cal and semlbarbarc state % things:
and s. 1 e' 70 dae
take place soon the best lawyer VIII DC simply sne
m imam with the Hsum BEST and pages psrs
lar books.
The court Of Appeals rapidly disposing Of its work.
al "A ofn
I'm the first twenty days Of court work. The calendars
of cases already assigned to the Second Division VIII
soon be exhausted There will, however, be plenty
of work for the Judges IN disp0sng OF some Oh ING
cases which have accumulated since .ne SIurr ~
of cases to the secopd Division will he MADE ana inc
work continued until there remain but lew cases %
appeal from the General Terms.
The alleged attack the great hogslaughering M
dusry of Chicago by the railroads leading from points
west of that city rebuked In the decision recently
reported Of the Interstate Commerce Commission
The case has been before the Commission for year
or two II was begun by the Board Of Trade OF Chicago
AGAINST the Chicago and Alton and seven other rail-
roads. and the Armour Packing Company and several
other companies and firms doing business at po'no
west of Chicago were allowed to Intervene ana tsKe
part in ls'Opposton to the petition OF the Eoasd OF
Trade Fifteen lawyers and law firms were heard In
the arguments before the Commission The victory
for the Chicago Hoard Of Trade was complete. Inc
Commission decided that lower rates to Chicago were
charged on hog products than on live hogs from points
on the Missouri River and from intermediate points
in Iowa and Missouri The result was that large p9rk.
hacking establishments were built up at Kansas CITY,
Sioux City, Cedar Rapids, Omaha, 81. Joseph, Council
Bluffs and other places, and the Chicago tsae Wa
injured The Commissioners, speaking OF the dlnersnco
In rates the live hogs and the pork after EilIine
and other treatment say: OF the two the product
very much the valuable II Is transported at moro
expense TO the carriers and yet much lower rates on
II are charged for shipping to Chicago than upon the
live hogs II Is. indeed. crushing discrlDDsti0n.'
They ordered that the unjust discrimination cease
The decisions Of the courts just before election settled
several technical points as to voting and were uni
ormly in favor OF the right Of the petitioners TO vote
II held that q man has only to swear that he y
physically disabled TO compel the inspectors to allow
him 10 be assisted by friend" His oath may b
false to the knowledge Of the inspectors. but they cam
not reject the vote Stiffness OF the fingers may be