New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-03-15

calied the Mckinley ADMINISTERING ACT Has occ" i'7
enough before the court, 10 enable lawyers 10 iorn
opinions in some degree 70 its success IN expeu's
litigation. Tie opinions however. differ as to whether
the system is ao.etlcr successful, but new rules WHICH
have lust been adopted hy the United states Circuit
judges in this district Will probably do away with some
Of the objections which have been made.
The purpose Of the new law was In part 10 rcHoEo
the Circuit Courts from the drudgery OF taxing esu
mony in the customs cases. The General Appraisers
have duties resembling in some respects those vi
referees appointed to take testimony and report hu
ings The appointment Of referees has always oce
considered saving device and the courts shouu
in the future, II they do not now, feel renel io"
the new method of procedure The work of the APP
prasers IS however, difficult and many lawyers iear
that they will be unable perform promptly all Tue
duties imposed upon them. The Appraisers take the
testimony of importers and Others, fix absolutely 'he
value OF the goods and decide subject to appear 10
the courts as to the classification OF the goods
One OF the apparent defects Of the system Is that
neither the United states District Attorney nor any
other law officer of the United states Is lea"reu I"
that testimony is collected to support the poSltoh
taken by the Collector in fixing the rate Of duty some
OF the abpst and most industrious OF the assistants III
the District Attorneys Office have spent much the
in collecting testimony when an important cus'o'''
case was to be tried in the Circuit Court undcr the
old system The Appraisers themselves are compcieu
under the new system to call witnesses and the
Governments cannot be presented Will t'c
thoroughncss necessary to proper decision Inc
number of prot ests before the Board of General Hp
praisers is very large and thcy are constantly ac-
cumulatng The Board tried summary method
Of dispO,ing Of Eases. but were discouraged WIG"
the courts decided that the hrSt returns
we're insufficient and that additional returns must pe
made The rules adopted By Judges Wallace and La
nmh thc orders for additional re-
turns from the Board of General Appraisers VIII not
be granted unless evidence was submitted OF oHerc"
10 the Board when the protestant failed 10 appear
and offer evidence in support OF his contentious
Many Of the protests will probably be summary ue'
rided by the Board the face Of the papers III the
possession Of the Collector. and their iaborS may mus
be expedited.
Law journals are discussing the possibility OF iee'''
iation by Congress 10 promote uniformity ot dNor'c
laws The ChicaCo Legal Adviser argues that con.
cre>s has tho right to make laws on the SuoJe't III
marriage and divorce but all the other papers which
have taken port I'm the discussion believe that Congress
cannot leg slate directly on the subject Inc ApaN
Law Journal" the editor II which Is one OF the conn
miSs0ncrS of thi, state to atiefp' to secure ul"'N
Of legislation as marriage and divorce considers inc
views of Tho Legal Adviser absurd and urges tI''
, few a. the larger states shall take ACTON o""u
uniformity Of legislation in the hope that smaller states
will f,lo,v their lead THE New York Law Journal
suggest, that the United states supreme court mEht
properly be called 10 decide A. 10 whether dNoE''
granted in one state must be held valid IN other o"e'
The case Of the People against Baker Is quoted ~
which conviction of bis,my upheld, although the
first wife Of the defendant had obtained an absolute
divorce from him in another state before the second
marriage of the accused The divorce was granted
under circumstances which would have prcvcn'ed
decree In this state and the second marriage WIS nelu
10 ho h,auou, Congress, it l. suggested, may nave
the power to lcgslac to the effects oil inc sI"'s
II decree Of divorce In one state IN pro'eeul"E' III
another stale marriage gal according TO inc la"a
II the State in which it j. contra ted VII. oru1arp
be rccoeuzcd in Others. and thcF' 'hou" Oc cI"'c'
some Uniformity Of divorce laws or some judicial ce-
ion a, 10 the effect Of decree of divorce III states
other than the one In which 1t was granted
r,,s. ubo lament the present expense Of litigation
nouI examine bill OF costs in suit IN The lhl'eu
>.,,e. Cart forty years ago ore IN which suit was
begun for II 200 amounted to considerably over F-oo'
II consisted Of ncary 100 item, Including small
r,t,iuiuc fee, for attorney and counsel a
,I,rre If - for ~a:tcudancc Of attorney al
tbc granting Of order" and scores II items
which would not be allow" under Inc Pc'c''
,lc A, Ia tANin- costs. IA" costs under tue Pc'cH'
-y.trm would be- arout ouc1guat,r OF th.se IoIlcIR
allowed. The Government also pay Li'u,t ' ~ h ,T
way az fee, to the D,uI, Attorney IMAM u u'u u ~
W t. I,,''itnn ol Iritrd ~tat,, District Attorney
,ould IL one of the richest pf]-' III the tit''i '"'
tuyOrnmrIt.
The tinted state, supreme Court in decision
rendered GA March II. oycrrui'd decisions OF Tie
Circuit Court a., 1, the l'-h consequence, o' oc''"h"
al,.cucc, frum the cit of Hiram barney "hile '"i
lcctor oi the Port. importers brought 'nlt against
The Collector several months after the SIX years
Limitation of tn. ri-ht 10 size had expired Ihe\
81. ia. ...t.t r.
co irct1r Iarucy bui NAT been unable To- DO - on
account of h., abscuc. om thu city, aid uri ar-utu
that the statute OF Limitations dd not operate aEaN'
them under the NcVN orA law, excepting cases ~
which the person sued took NJ hi residence out %
the state. Edward, Plerrrront ~ iei.ice ana Ju1E'
hlatthfbld now supreme Court justice. h'd that the
suit. coah Ice icgnh. although more than seven
ear, Hal i,,cd sine. ilo ,I-t OF action arose. ~
Collector barney j. -tlI hVIu- AT hlS''IidSc IN TINS
cty although hi, official career date further bach
than me memory 81 most men. H. made affidavit
IN ia, ca-c Just decided tldt his absence from IN
cty had consisted 81 snort trips to Washington and
,ne visit 81 between Tvs" and three months to tho
West The supreme Court, aicr renewing the dc
(cctor Iynrncy', a., ucrs from the state were not
such permitted any extension Of tile time limited bS
ON Official bushes, ana hi, absences were not NOR
frequent extended than of many other citizens who
have no thought of changing thcir place OF residence
The New Yor. law has been changed 80 that absence
from the state for Year operates a well as chang
ton.
Kansas recently elected judge who WAS not
lawyer. but -tcaru, County. Indiana. ha, gone step
further. At the last election a Mr.. sullivan was
elected county attorney though he Of foreign birth
and had not declared hi, intention Of becoming
"A citizen Ert aft.r the election County Attorney
Taylor who held from the previous term brought
suit against Mr.. sullivan. and the supreme Court re
ccnty decided that the Woud-bc County Attorney was
disqualified. The Indiana constitution declares that
person who is entitled 10 vo;c j. eligible 10 once
The Court SAYS that there j. doubt that sullivan was
not entitled to vote AT the election AT which he was
candidate lie however before the tn" for taking
Office arrived. declared his intention "a becoming
citizen. aud his hW3 argued that he wa' qualified
Ia hold Office because he entitled to vote when
nj, term Of service IL, an. The Court says that the
eligibility rrfcrs 10 tire time ~ the election and not 10
The tine Of taking Office The judge quote VITA approval