New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-07-26
FROM BENCH AND BAR
GATHERED FROM LAWYERS AND AMoNo
THE COURTS.


GATHERED FROM LAWYERS AND AMoNa
THE COURTS.
The Indictment OF an editor accused Of violating s
law prohibiting the publication OF any er
! cept the most meagre reports Of the putin,
/ to death Of murdercrs win cause some ski
full lawyers TO put themselves to work m
these summer months on constitutional problem,
which may be solved In the fall winter. The law
| has not been popular amoIg newspaper editors and
J II the punishment extends to readers as well AZ
writers of the reports II is probable that arzs
part OF the community, besides the editors and r,
porters, would be concerned in the guilt. The In
dicted editor Is presumably not greatly disturbed by s
arrest as his case Is regarded a test 10 de-
termine the validity Of the law The constitutional
questions involved will probably BE- found 10 be less
easily settled than has been supposed. The Court Of
Appeals will have an opportunity Of passing upon thu
/ law II the defendant is convicted, but II he f. &C.
quilted the vcxed question 10 whether the law In
violation Of the constitutional provisions win
renralr subject for the discussion Of Lawyers
and editors for long time 10 come.
Walker Hartwe. who died suddenly whlo returnina
from a European trip few days ago, was well know
TO many members Of the profession through his long
connection with the Corporation COunsels Office. lie
had bright prospect for the Independent professional
career on which he had Just entered. lie was web
|
and his acquaintance with corporation law made Il
probable that he like many graduates from the Cor
poraton CounsePs Office would find profitable occupa-
tion I'm the conduct of suits against the city. Like thu
Patent Office and the Pension Bureau, the Corporation
Counseps Office furnishes an education which has q
larger pecuniay value than that given by any number
OF colleges. The special knowledge which Mr.. Hart
well had would also have been valuable Immediately
In the prosecution Of several suits on behalf OF the
he was
be felt by large number Of personal friends well as
| of professional acquaintance.
The reports OF the serious illness OF Richard New
combe will interest not only the members Of the bar,
but large cllentage among business Mr.. New.
combes early association with Judge Cardozo led to
his employment By many Hebrew business firms, and
as he was the most active member Of his firm in tho
trial OF causes, he kept up large personal acquain
tanceshp with clients and witnesses This was espo
cally noticed at the trial Of the Aldermen bribery cases
Scores OF Jurors examined excused account Of
their acquantanceShip with the lawyer until Colonel
Fellows was forced to remark that he believed that
every man on the jury list who otherwise qualified
was or had been client OF Mr.. NewcOmbe. Mr. New.
combe was almost exclusively engaged In civil practice
until 1850 but his activity in the bribery cases, and
the defence Of George IL. Pel, James A. simmons and
other persons accused Of crimes which had excited
much public interest caused his name TO be recently
/
been known as one Of the most acute, subtle and re-
sourceful trial lawyers of the city. He Is Of slgh
frame and delicate appearance, but no Suspicion OF
serious undermining of his health has existed among
his fellow members Of the bar until within few weeS
discussion between the Editor Of "The New
York Law Journal and Albert Stickney, the well
! known lawyer has occupied some space In "Ihe Law
! Journal" recently. II over some remarks W
| Mr. Stickney at the Harvard Law School, In winch X
said that those members Of the New-York bar VINO haa
the best opportunities of comparing the young men
| from the Harvard Law school with the young men
from other institutions were OF the opinion that the
graduates Of the Harvard Law School, rule showed
the best preliminary training This Of course was
popular thing TO say at Harvard, and as Yale man
| might remark, had quite a modest and liarvarula
tone, but the Editor of THE Law Journal" VINO hs
had wide acquaintance among lawyers, said, as almost
every Other law editor has, pleasant words ioi
the Dwight as opposed to the Langdell' method
teaching law. The Langdcll,' or Harvard methoa
peculiar and as The Law Journal pointed out, an
unscenc system Of instruction by which the students
are set to learn principles from isolated cases which
OF not cover every possible appncauon OF
principle. The ordinary method by which most Of
New Yorks lawyers have been trained is to study the
principles and the cases as Illustrations Inc con-
troversy between the advocates of the two methods
has been long continued and the latest contributions 10
the arguments on either side have not assisted ID
clearing up the question which is impossible OF final
decision except by each individual for himself Ihe
two systems will in some measure have an even tnai
when the law schools Of this city begin their sessions
in the fall.
Frank Rudd of the firm of Blair & Rudd, who has .
high reputation as a graceful and witty writer has
Joined John L. Branch in the edtorShp OF "The surro
gate" and the magazine is issued this month with the
names Of both editors. Mr.. Rudd has, in addition 10
his editorial contributions, article on mills, IN una
form of a letter to "a Green Blackstone, ESQ., L. b.,
| '0l." Judah P. Voorhees,, who was for third OF
century a clerk in the Kings County SurrOgates ONCE
tells story Of forged will offered for probate over
twenty years ago. the only forged document OF thas
character which Mr. voorhees, recalls in his experience
"The Surrogate contains illustrated article on Jonn
b. DuSenberry, the Surrogate OF Essex County, new
Jersey, and much Of the matter contained In the July
number of the magazine refers to NewJersey laws AIS
proceedings. The magazine, after an existence OF SIX
months, to be established on prosperous Dash
The next number will be issued In OCTOBER
The Pttsburg Court of Common Pleas has tua
decided that the owner Of oil well is guilty OF
violation of the law passed nearly lou years aso'
against carrying on worldly employment on the Sab
bath daya Works Of necessity are allowed under the
law and the welowner declared that IL Necessary
In order 10 save the well from injury that the pump
ing should be kept up at least for part OF each day.
Many other mine declared however. that IL was
not necessary 10 operate the wells on sunday ana
others thought It better for the to refrain en-
tlely from pumping on sunday The Judge held that
in any view OF the it not necessary to pump
the oil all day on Sunday, and that the defendant
should at least have suspended work In the day tme
of sunday The persons who testified for the defend
ant declared that wells in oil rock having much salt
water would be injured and their lives shortened By
stopping twenty four hours The opposing witnesses
said that the salt water might accumulate in day,
but after il was pumped out the oil would come as
usual. and taking the product for week il would oe
as great IL the well were stopped on sunday as
pumped continuously. The Judge takes the view that
the product of the wells will not be esSened and nc
marks ph0sOphically: An wells die out In lev
years. But they die out from exhausting the oil.'
The Court OF Appeals Of Maryland has Just rendeeo
a second decision in gift enterprise case which had
at first been decided adversely 10 the proprietors OF
tea store who gave with each package of tea cofeS
a slip emitting the purchaser to "a cup, plate or saucer
4 Mary lind law prohbits the holding out Of any IN