New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-04-19
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS.

officials that Governor Hill could hardly ncsltote 10
make the appointment The delay arose over the
choice OF Judge Ingraham's successor. one OF the
candidates had 1t was suggested offended the sensr
bites OF the Governor by showing especial fondness
for LieutenantGovernor Jones. Another was sup
posed to be little in favor with Tammapy Hall that
he could not secure nomination for the long term
next fall. The name Of Judge Gldersleeve was sus-
gested several weeks ago. His defeat when can
ddate for the .udeeshp Of the General Sessions was
unexpected by the Tammany Hall leaders, and II
had been supposed that the next vacant judicial
place would be given, to him. His friends were were
last year. He has had the support In his CANDIDACY
for the Superior Court judgeship OF many. OF me
decisions when he was Judge Of the General sss-
sions were usually affirmed by the higher courts.
ntormy Courteous e and he was well liked BY his
associates and by lawyers
As contrast to this political trouble the ap
pointment Of judges may be noted the judicial elections
in Milwaukee County and In Wisconsin, which occurred
recently. A Supreme Court Judge WAS to be elected
in the State and Superior Court Judge In the county
meeting Of members Of the bar irrespective Of party
was held and candidate (who happened to be Demo
craft was selected as candidate for the State judge
ship. At another Independent meeting another can
dldate (also a Democracy was chosen. One of the
candidates had the support OF the Democratic partisan
leaders, but at the election he was defeated by the
other candidate, who was absolutely Independent OF
partisan support The selection OF the candidate Tor
the Superior Court was made in similar way, and the
independent Of the two candidates was snccessiu
Justice David Taylor. of the Wisconsin supreme Court
died few DAYS before the election but his successor
ndrc for ~ e Je Years If his Is also elected
from candidates chosen by independent bodies OF law
yers that system OF selection will become well estaD
iished in Wisconsin, and other states may in time re-
move the judiciary from politics large ana III
creasing number Of voters, including most lawyers,
already vote for the best candidate for judicial offices
entirely irrespective OF politics.
1t was sad scene which was witnessed in the High
Court Of Justice in England recently, when Judge
James Fitzjames stephen babe farewell to his asso-
ciates. His fame greater among the lawyers OF
all countries than that Of any other living English
jurlst even Lord Coleridge. His mind was peculiarly
clear in its judgments, his literary style was excel
lent and his powers Of condensation and Illustration
remarkable. His law writings are known throughout
the world, and legislation in India will always bear
the impress Of his work of codlfcatlon. His mental
failure was sudden but apparently complete. lie
himself insisted till the last that he was in good bodily
and mental condition. and Chief Justice Colerdge could
scarcely make him believe that his continued pres
ence on the bench would not be useful His family
finally induced him TO resign The closing scene Nj
his career, when Attomey-General Webster pald an
eloquent tribute to his worth, and the retiring )udge
spoke few words Of thanks to his colleagues and the
members of the Bar will long be remembered IN the
legal history Of England few others of the British
from their associates or friends. Chief Justice Nor
bury OF the Irish Common Pleas, after he had passe
his eightyffth year. used to fall asleep so soundy OF
The bench that the lawyers and witnesses continued
to talk without awakening him. DANIEL QC s
resoIttion on the subject and the Judge led to
resign Chief Justice LEROY of Ireland in 1866 when
although he could not read a document presented to
him. and Judge Pennefather became absolutely blind
some time before he would consent to retire.
BENJAMIN F. Dos Passos, who as Assistant District
Attorney under Colonel Fellows had charge Of the
collection of amounts due under the collateral inier
lance tax laws contributes the main artcef to the
April number of The Surrogate He Is strong
advocate Of the direct inheritance tax system wmch
the LEGISLATURE Of the state has determined to adopt
He also advocates repeal Of the law of $780, under
which thirteen classes Of institutions are exempt from
the provisions Of the Mr. Dos Passos thinks that
benevolent and charitable institutions should DC
exempt but not scientific and literary Corporations
rho Nev-York statutes relating to the collateral IN
hertance tax are printed in full In an article appendea
to that of Mr. Dos Passos the surrogate A tS
surrogate of Erie County who first elected to his
Office at the age Of thlry-two years conirl0nIea
naDer by Surrogate Stern sets forth the duties or eXcc
tors and administrator The edltorai a[l ~ 13oasf
brightly written and discuss many points OF interest
to LAWYERS 6ayng Te p to the proposed
Constitutional amendment providing Tor 1w9 fhn ebef
or AND ss,an Might be made Deputy surrogates
with certain restricted powers.
An Illinois justice OF the peace recently made MS
irst annual report to the town board lie hau to
eived in the eighteen cases which were taken oeloe
lin within the year the sum OF VI TO- DesideS an
,nspecfcd amount Of fruit and soap" paid as fees.
rs official EXPENSES in the same period included 80
aid for his seal, blanks, ETC.; IS for secondhand
NV hook: 81 Sc for constables fees and other sums
M hooks paper and postage. lie also spent 80 IN !
celebrating his election. His expenses were ten |
lines large as his receipts yet ne IS NOT u mn Hf
ong title to the salutaton "Jedge' from all his neigh
ors.
Tho death Of James NJ. Lyddy can hardly receive
omnent which is at once kindly and entirely lusI'
Ie was certainly not popular among members OF MS
Iofession and more than one judge complained OF
rs methods. lie had pertinacty and ingenuity,
,hch he exercised 10 the full extent on behalf OF
ONE OF his clients Ills death reduces by one the
,,mber OF disbarment cases which may come before
he General Term. W. II. Mundy, against whom
isberment proceedings suggested, is making
igorous struggle to prevent the confirmation oi
pferees report which reflects seriously upon his ACTS
n action has vet been taken TO call the attention OF
he General Term TO the cases Of two or three men
-ho have practsed law IN this city without, IL is
lleeed having been admitted TO the bar
The extraordinary interest continues in England
yer the case Of Mrs. Emily Jackson, whose relatives
ecurad writ Of habeas corpus to obtain her release
,om the custody Of her husband, by whom she had
cen forcbly abducted from the home Of her brother
he English law journals, with scarcely an exception,
AXE the side OF the husband and express hope that
he case will be appealed TO the House Of Lords.
ondon police magistrate says that there is no use
! granting legal separations between husband ana
life, as the higher courts have decided that wfc
under no legal obligations to live with her husband
he magistrate before whom wifebeateF Is brought
ay on the conviction Of The defendant order tat INC
life shall no longer be bound to cohablt with hef
usbona but Mr. Plowdcn, one OF the magistrates,
as decided under the present construction Of the laws
he wife may leave the husband when she wishes ana
legal separation is not necessary. The solci-
,r,s Journal" thinks that grass widow" would ap-
roprlately describe the relationship OF tile vile
, hor husband and suggests the substitution OF
femme d!scovertes for femme coverte' In speaking
: n married woman. claw Notes" has an article
Untitled The Last Of the Marital Rights LORD
olerIdce II says, has held that the husband may