New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-07-19
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COIrpTs

ne ucesioh OF The electric light suit last week was
| onV less Important tAan that IN the great
W eP"oHe sut decided IN the same court a
lew years ago. Judge Wallace oplniJn was
not long, considering the .nnortaut issues in
vowed and he succeeded in making reasonably clear
One iulcate questions presented The decision will
P'oOaoy Oe popular among the public at large be-
NNo INC telephone decision il awards the
plOrlS 10 the betterknown inventor The opinion
ID re~rhaoie Tor It's ease and elearness Of style II
any one WHO Is not an expert To form an ia
leugent IDEA OF the questions at ISSUE which seemed
ErecoveTaoly lost in the mist Of the long arguments
VI the lawyers The records Of the Circuit Court show
tat Judge Waaces decisions are rarely reversed On
3Ppedl 10 tue supreme Court, and 10 have Won his
favor is decided victory Tor tine Edison Company's
iaNyeIs' Que secret OF the Judges popularity among
in case quickly and his decisions in patent cases e
peclaiy have vigOr and clearness Which are not
branch Of the law.
The long vacation is the theme of much fine writ
ing in the law newspapers OF the day but practically
the busy lawyers vacation is more limited than non.
professional men suppose Most OF the courts are
closed for three months, but the lawyer who obtains
moro than months rest, unless he goes abroad and
has the ocean between himself and lis work. Is seldom
idle longer than five or six weeks August is really
dull month and the early days OF september are times
when few lawyers find it TO be away from their
Offices. Inc ending of the court year leaves leisure TO
look at the Of unfinished office work. and no little
labor Is necessary before even the important bus
mess can be finished Lawyers well the many
others detained in have relolced that they have
been able 70 labor without great discomfort through
out the early July days The middle of september
Will lDd them in town preparing for the opening Of
new court year.
Many, no doubt, Of these busy professional men who
are slaves TO their occupations wish they able
to initiate the freedom of their country brethren.
The leading lawyer of a country town will sometimes
90 away a two three weeks Trip leaving card
10 inform the visitors at his Office that he Is In New
York Or at Washington somewhere else and he does
not fear that his clients will desert him. suppose
one of your clients should have important business
that ought to be transacted quickly. what would he
DO the inquiry made Of Of these independent
lawyers in a New-Hampshirc town. He would have
10 wait I'LL l returned was the answer. The thought
that the client would apply 10 other attorney
never suggested Itself to either Tire lawyer the client.
The Newl York lawyers Chentage l. less faithful ana
the price VI IS constant attention u business
when is not required Of the elderly country lawyer.
When he has once established his reputation, the cJu-
Try practitioner has al easy and peaceful existence
which, a. the summer months approach, Is cause OF
envy 10 the worried practitioner the city \ winter
of the comparative dulness Of the country LAWYERS eX
stence would, however, make the NewYurk attorney
anxious resume his place IN the busy activity OF the
metropolis.
Tho Albany Law Journal the editor Of which is
IN Europe at present does not agr, strangely enough
with tho general commentator which greeted the
words of the Court Of Appeals Judges in crcislng law
yers who used the peculiar forms Of United states pro-
cedure 10 delay the execution Of the death sentence
on condemned muGderers. The substitute editor seems
10 nisapprehend the situation He says: The coun-
sci who has been the victim Of the judicial and popu
lar censure in this does no more than apply " the
court for the remedy which he seeks. 1t is in every
case the court that grants the remedy and it can only
be granted by the court under sanction Of the law
He says that the system alone Is to be blamed and that
the lawyers are smart" enough TO the law for the
benefit Of their clients The fact IS that the apphcar
lions for wrs Of haLeas corpus were III some cases
made Oh grounds clearly frivolous and which were not
worthy Of consideration for moment by Judge, ana
vet the law granted delay when the application
was Immediately and empllatcally denied. The law
was framed 70 prevent any possible wrong by Judge
Of lower court "a Lsbcis corpus proceeding, but II
was never designed to delay the administration Of the
law for frivolous reasons. TIE system was faulty,
hui only as those who made applications under II were
making a fase use Of IT, Courts suppose an attorney
10 be acting fairly lie may delay case by pretend
ing 10 lie SICK or by declaring that lie needs witnesses
who arc really Of no consequence Oh the trial. or on
many other grounds which 4 Aslmiudod practitioner
would scorn, and he may thus gain reputa-
ton for astuteness" such as q" IAc Albany jour
uain attributes 70 the lawyers Tor Inc murder
crs but he Will nevertheless DC criticised ull,
Is, his methods KNOWN. 4AC WOIus oI
HE Court Of Appeals Will stand a. tire sentiment OF
most of the reputable members Of the bar Inc forms
If Inv should not u used u suDvcrt the criminal law
OF The state Attorneys and cOuuselJg admitted 10
practice IN the cOurta of this State are und~r GUY -
aid in the administration VI justice ana tAey cannot
consistently with thu, duty engage III VeAdlO4o lTO-
ceed.uas merely for the purpDse Ot undermining inc
final JUDGMENTS Of the courts and defeating tile DeAess
O. tho law"