New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-01-11
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COI'RIS

THE COURTS.
The judicial decisions of the week include some
rather notable opinions Of Judge Pryor approved ny
his associates In the Common Pleas. General Term, ID
which there Is apparent somewhat dlnefent atntnne
toward the elevated railroad corporations from that
which lawyers thought they perceived IN Judge Iyors
first opinion in elevated railroad case TIC mani
nous decision Of the New Hampshire supreme court on
u matter which might well have aroused poitich
differences noteworthy testimony 10 the fairness
of the judiciary and ether proof Of the same fact was
TO be found in the strong opinion Of Justice Bartlett o,
Bro0hlyn IN condemnation Of the acts II ofclais SONS
Of whom are among his personal and political !rends.
Tho General Terms Of the supreme and Common Pleas
courts resumed the hearing Of appeals. after short
vacation and the trial and circuit terms were again
OPEN The new judges were welcomed with floral
gifts they took their places the bench. some 81
Recorder smyth's friends presented 10 him a handsome
gave appropriately inscribed mark the close Of ten
years of service The bench. Now that the Christmas
vacation Is over, the hardest work Of the courts and
lawyers will be carried with scarcely break until
the first of June.
The Court of Appeals eassembles tbs week to take
up the new calendar. The number OF notices flod
makes it apparent that the Second Division cannot be
discharged without causing new accumulation Of
The judges of both divisions have worked with
great industry, the First Division especially dlsposng
Of large number OF eases. The opinions nave nos
been unduly long, and the time of the judges has
apparently been spent rather in deciding important
principles than in expressing their views IN dlnuse
form. The number OF acted on has been largcr
than in any previous year. The work of the second
Division has not. In respects been q, highly
commended by lawyers that Of the oder branch OK
the court but the necessity OF continuing that or
,imar body to aid the court is Still felt. The two
divisions keep up easily with the appellate bnSl'
ness bat there is little prospect that the pressure o.
litigation will cease to allow tho return Of tho
second Division judges TO the supreme Court bench,
where they are needed. The first permanent relief
must come from constitutional amendment. whether
in the form proposed by the judiciary Convention OF
in some other.
Til, peculiar set OF lawyers who involved IN
the charges of procuring fraudulent divorces docs
not include all those whose methods have
caused criticism. There are many other
attorneys. especially among those practising
in the Police Courts. District Courts and Courts ~
Sessions who are not trusted By their colleagues bne
against whom no criminal charges have ever been
made and who do, perhaps, manage to Keep withIh
the letter of the law. some Of them are ambitious
lawyers from other states, who Lave leit thclr loSr
home, 10 the advantage OF those communities others
are foreigners with imperfect knowledge Of The Engln
Iangiiag, others are products Of tenement house LIE
who have secured imperfect education, ana others
are bright. wclloIucl' d men with some moral tWSs
which makes IL easier for them 10 do an act bY
devl)I, tlln By straight means. Some % them nave
been privately accused Of taking MONEY and giving
no service other, have the reputation Of squeezing
clients who are Il poor a, 10 be unable to pay les
without suffering from want Of food ald cl"thlNG.
Many Of them Will take the most lnsgnlhcant fees
for pretended services and other, will not scTupe 10
use testimony which they must know Is false ITO
III repute attaches only portion Of the members of
the bar even in the police courts, some Of the prac-
ttioners have reputation for generosity ana far
dealing Il is evident however, that in the opinion
# their fellow members of the bar, many OF those WHO
now enjoy the privileges Of attorneys and counSellos
" IT., fat Hp np,afps Spn
one Of the large number Of undesirable members
Of the bar doubtless is the fact that the procession
in this city is oveWrowded. Many young lawyers ma
it difficult to make poor living by honest and
disnifed methods ard they drift into ways which
dscrcdit their calling
some publication Of the profession might he ac-
complshcd by two agencies. The Bar Association
might well keep sharper lookout on the character
Of the members Of the bar now In practice. Tho
dgnfed and honorable gentlemen who are influential
in that organization would find little that Is agreeable
in INVESTIGATING the and methods Of some Il
the members Of the same profession a. that when
they ad)rn. They would. however, confer boon on
the community II they would stop for time their
interesting discussions the laws and pay more al
tcntion to the lawyers. No other body seems charged
with responsibility in this matter ard the Bar Assoc-
ton might well carry Oh tne needed investigation In
somewhat the same manner the Medical society
wages war against incompetent or unauthorized practi-
TONER, OF medicine. The other reforming instruments
j. the General FERN of The supreme Court. which would
De justified IN in,truotns Is examiners 10 greater care
in a>rrrtanlnc the moral character Of applicants for
omission. The certificates 10 the applicants
character should be carefully >crutinzed and some OUT
side inquiry might wcl te made a. TO tie associates
and habit, ~ the would be lawyer. BOT few Of the
applicants are known 10 their associates as unru>t-
worthy. lut scarcely IS one rejected as not u
sufficiently hish character. Lawyers are in'ru>ted
81, he
fully kept clear of ~>hysjers7 and "petifogsers" aid
other undesirable members.
Judge Charles Dcveus. Of the Massachusetts, SUI
pr.mc Court whose death occurred on Wednesday. had
won by long experience and unquestloned ability q
high rank in the judiciary Of the state. lie stNed
for twenty years on the bench, and for sixteen
years wa associate Justice Of the supreme Court.
His four years term as United states Ntorney"en-
eral divided his two term, OF service in the supreme
Court into nearly equal portions. with the general
public Judge Dcvens's reputation will rest on ms
brilliant service in the Army and his connection win
the Cabinet # President Hayes. bat the lawyers o. VS.
own state will remember him as an able ana !"t
Judge lie before the war law partner Of Sell
ator oar At Worcester and regarded rs the aOlest
urv lawyer If that city. He not considered the
most eminent jurst among the Massachusetts, judges
Int his opinions clearly and often eoquenty ex"
pressed, and his judgment was sound lie was
bachelor and occupied conmodous and nandtmev
furnished apartments in Ashburon Place one year
o, Of service would have entitled him to retirement
a pension.
4 sketch in THE Boston Daily Advertiser" OF Gems
eral Butl,r, career az "A lawyer reviews legal llia
which has been very different from that OF Judge
Dcven>. Instead Of twenty years on the bench there
were uninterrupted years of legal controversy judge
Dsvcns as Harvard graduate had an entrance to that
social plane on which Governor Butler never appar-
emily cared to stand Butler was born two years be-
fore Devens. Both were brave soldiers and though
Butler was more prominent in the early years oil ths
VAR General Devens at the close OF his Military
L--Ll.. linn