New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-06-07
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS.

trustees. WAS ablc anu sHONtu kIt&aO iCce'N'' DN 49,
prevailing opinion among lawyers who read the argu-
ments seemed 10 be that the decisions Of the Court
OF Appeals in other supported the reasoning Oh
the General Term. Mr.. Choate was oompehed 10
leave the trial Of the Clark suit against the
city his associates. while he made visit TO sara
toga to appear In the Tilden will case. The Edison
electric light hearing was finished and Judge Wallace
will use mart Of the summer In studying at his home
in Syracuse the models produced on either side. ana
the learned briefs of the disputants decision VIII
probably not be given until July.
Justice Edward Patterson Of the supreme court
sat al General Term last week with Chief Justice van
Brunt and Justice Barrett His assignment was pop
uIar among LAWYERS. many OF whom expressed inc
hope that his service that important branch oil the
court would be continued. Judge Patterson mas sue
ceeded in his few years of service in winning TO 70
markable degree the good will Of practitioners VINO
honor his ability and uniform fairness, and are equay
charmed by his courtesy Of manner. Judge Barrett.
return to his duties has been welcomed. but WIZ
more misgivncs lest he might overwor himself after
his recent illness Judge Gldersleeve in the second
month OF his service the Superior Court beneh mas
been sitting in the General Term OF that court WIN
Judge Freedman and Dugro.
Law school affairs have caused little discussion
lately especially at Columbia. one centre OF com
ment has been the retirement OF Proissor Dwight,
another the changes In the system OF teachhg Al
Columbia and a third the proposed establishment oil
downtown law school by professors in accord with
Professor Dwight's methods OF instruction Professor
Dwlghts farewell letter to the students, published in
the Columbia Tines dignihed, though ful OF
feeling He made no attack on the new methods
of instruction except by declaring his belef IN
certain principles which have guided MN IN HIS
teaching He has been for thirty-three years
at the head of the school, and large proportion
Of the present members Of the New-lorH bar
have been inspired by his teachings ASIDE
from the good advice in his letter, 1t is full OF ex-
pressons Of love for his work. :" l have some rear
he saws 10 the students that without intercourse with
you and others OF your age may grow old IN feel-
Ing instead of sympathlzing warmly as have dsne
and still do. with your trials and successes take
what regard as a Just and honorable PRIDE IN the
fact that have advanced many young men struggling
with adverse circumstances, earning, as they went
forward their daily bread In schOolrooms and law
Offices, to places where they found competent nven
hood and public respect awaiting them. Whatever
else in my career may regard trivial and trans-
tory shall never forget this result nor cease TO de-
light In it GROWING result Of my work.
Professor Dwight's suggestions as to the students
work may be compared with the statements made on
another page of The Columbia Law Tines as TO the
methods Of instruction OF the new professors. Dr.
Dwight lays particular the necessity of thor
ough preparatory work. systematic study and the use
OF Weu-arrdnged ana thorough ucdustS' NJ OehOi
system Of instruction." he says, has succeeded in
making sound lawyers, nor probably ever will
The majority OF practising lawyers have been
educated under the old methods and they would
undoubtedly ndorse DR.. Dwights system. 1t Is safe
to say that if student does not learn the principles
and theory of the law at school he does after
ward. Reports are multiplied and the varying de-
csons Of the courts require such close study fro
practitioners that there is time to study theories
ha arpeoa
students but the advocates Of the old methods say
that it cannot give so thorough a knowledge from
which LAWYERS may reason out the arguments TO apply
In an entirely new state OF facts. Reported cases. Of
course cannot all possible arrangement Of cir
cumstances and the opponents OF the case method
Of instruction say that those educated under it only
remember what some judge has said on a different
state o. facts, and are unable to go back 10 the
general principles from which they may desire light
to guide them under new conditions. The struggle
Of the two systems viii continue it, is proposed
law school i founded by some Of DR.. Dwights
associates 1t will have great advantage over the
revolutonized Columbia school if it holds sessions at
such hours that clerks in law Offices may attend the
lectures
The discussion as to the responsibility OF the banks
in the payment of checks bearing forged Endorsements
continues undated, although the shpman case arts
ing out Of the Bede forgeries was decided six weeks
ago. The Banking Law Journal naturally leads in
the criticism of the decision and POUNDS its comments
principally on the finding by the court that there
was evidence that the law firm reasonably prudent
and careful and that the payment of the checks was
not caused by negligence on their part The rule
and liability OF duty between bank and depOstor under
the facts disclosed The Journal says do not find
countcnance either in justice or legal analogy. When
a depostor however innocent, sends abroad with his
signature what purports to be check on his banker
directing him TO pay money, but which IS In fact an
instrument without purpose meaning for good and
which can only have effect if at all, implement
of evil his responsibility injured by his deceptive
emanation seems plain He has been the prime mover
in an act Of deception The Journal thinks that
bankers are already sufficiently burdened by taking
the risks Of the genuneness Of signatures OF lndorse-
ments and Of amounts without making them responsible
also for their depoors' mistakes. Other writers dis
cussng the Shpman have approved the reasoning
Of Court Of Appeals declaring that it is the business
of the banks TO great care in nquir1ng 10 the
genuineness Of checks law firm. it is argued cannot
be expected to do more than to take reasonable pre-
cautions, while experienced financial men used TO
handling checks ard intrusted with the custody Of
money should scrutinze carefully their depositors'
orders.
Kansas court recently decided that the term lot
terry" included scheme by which men could purchase
certificates tickets from association for cents
edch ana would then ne entitled 10 peuclI anu 10 ue
right to name certain numbers which If drawn In the
order named from wheel would entite the holder Of
the ticket TO large prize There should not have
been any great hesitation in rendering the decision, as
the ordinary game Of policy was only complicated by
the presence Of the pencil. The court says that the
purchasers purpose evidently was to try his luck
at fortunes wheel and not TO purchase a lead
pencil. In the opinion in the case are collected a
number of judicial opinions as to lotteries. Gift
sales the prize candy business prize concerts,
prize-tlckets for newspaper rallies at church fairs,
drawing works OF at aud sales Of city lots with
chance OF receiving lots free have all AT various
times been declared lotteries. The Kansas court an
uued the constitution of the association which en-
deavored to carry the Illegal business by the aid Of
lead pencils.
The Buffalo General Term recently decided case,
which las Just appeared in the reports. and which IS
of interest 10 drivers who suffer from one OF the most
common annOyances Of the road. y Mrs Putnam was
driving I'm June. 1883, through the village OF Mount
Norris when large dog, owned By Mrs. WiZg sprang
an the horses head. The horse was eighteen years
old and naturally not unduy spirited, but when the
dog caught him By the nose he objected 70 the pro