New-York tribune., 1891-12-27
PART II.
PAGES t3 TO 1e.
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS

THE COURTS.
Tho action of Governor Hill in pardoning an
election oicsr committed to ja for contempt OF court
hns raised Interesting question OF law which was
last week discussed among ln~yers The rght Oh tho
Governor TO pardon limited to cases OF CONVICTION o.
offences and IL is question whether commitment for
contempt Of court except after prosecution a.
separt, criminal charge Is conviction OF an ohence
which the Governor can pardon. There nave oeen
scarcely any direct decisions on the question in tn~
country, except in Louisiana. Judge Blatchioro IN
the United states Circuit Court, once said although
the ouesor was not directly before him for decisions
that the President had right to pardon prisons whe
we're punished for contempt OF court, ana ne qto'oe
an opinion OF the Attorney General OF ms omco
states to that effect. Another opinion OF an enrnes
Attorney General that eontemp,s ot cour' .o's
not within the Presidents pardoning power. Inc
ncht 10 pardon In this state Is somewhat more n"ss
than under the United states law. At one tEie tns
law required that ten days notice OF an appncs'oh M
pardon should be given 10 the prosecuting omcas 40"
the law now allows the taking OF tesumon' oy @s
Governor and obtaining information from JUICES s
prosecuting officials before acting on appeauc%ns On tai
pardon The theory OF the law appears 0s,rsx 70 " MA
an application shall first be presenter, cons~ss 49,
,udSs ard other officials Interested In the case ana
finally No resTenSe =" court NAH 4ss e law z
neiiar IN allowing two modes Of procedure in csses
Of contempt. There = summary po"er Ell " IT, s noss,sd
man may be indicted and tired as Tor All vr.aan "a
crime II the pardon followed snnt tSs richs
Of the Governor would be unquestione but the pow.
the court to punish summary f9r nthep epnmgs eeurs or
certain II rarely questioned Dy Quiet coS SS
interfercd with by executive authority.
The opinions delivered last week In the Unioeo
states Supreme Court were unpleasant reaohs ior
several criminals The refusal TO Interfere La tno
New York murder cases was expected The DECISIONS
In the simmons and Claassen excited more iegA
interest as some of the questions raised were seno''
The question as the right of the court 10 "thoraw
Juror and begin new trial in opposition ID 'ne WISH
Of the defendant was considered aouoe
ful one several Of the decisions OF ths
cour in civil cases were important, especially
the which passed upon the rsm
the city Of san Francisco TO ceran waterfront @ respv
ety. The matter has been In Augatioh ior he1'S
forty Years.
Among the decisions Of the Court o. Appeals lass
week were Of course several elevated railroad cases.
and as usual most OF them were In favor OF tnose ~
had brought suit against the companies. ino oous
of Appeals also affirmed the judgment OF the 'eheti
Term in the case OF Frank WORK against judge ''i'cs
Beach OF the Court OF Common Pleas. Tue 1ehefai
Term decision was to the effect that when ddSe ncicn
promised to pay old inherited debts as soon a. 10
was sblen the promise only binding "hen ms
means permitted him to save money 10 pay inc ucos'
The Court held that as Judge Beach had not had any
increase I'm his income since making the promise ne
not compelled to pay anythns ont ,t oi iT Ths a
Of $4,000 year toward the , or ny Nppeas 6ns
1Ouu
finished the cases on the calenda. excet the Few fss
sent to the second Division. new caleldai VIII De
niW cases in which the appe were perfected within
Six monhs the condition @ Gi teeer se afsaSy to
lawyers and clients.
The rres Of procedure under which trials In elevated
railway actions will be conducted in the superior Cours
may not be altogether pleasing to the lawyers on eer
side but will probably reduce TO minimum inc ao-
laws arising under the amendment OF 1871 10 oeouon
go OF the Code The apparent evils were tpe paSins
two trials OF a case, one with and one without ~
Jury, or OF having long jury trials when none was
necessary Judge Frcedman's decision on tne mouons
for the stating Of case for trial was carefully con-
sidered The plaintiffs who seek 20 recover for daass -
may choose either 70 have tiai winou. Jy , ~ % 90,
question OF damage TO the fee wslvng tne lain iVr
past damages. when the claim Tor past oamsses 70
OF The issue as 10 past damages and the question OK ho
value OF the property taken by the company, Inc
sorth and pr-c itioners will have Little difficulty IN
understanding the method OF pIocedure. TUG r enses
in force but Judge Freedman certainly set forth WITH
cIearness the principles on which The court actea.
The death OF Assistant DstictAttorney Semp!e was
rarticularly sad, occurring at the present time de
has had varied and successful legal career, having
practised in several States He obtained his appoih'
ment from DistrictAttorney MARITIME after a com
paratively short experience az the New-fok oar sno
has been for years In receipt OF large income iof
a Young man. lie married year ago mcinDer o'
the Coudert family and had the prospect when he
should choose retire from Official life, OF Obtaining
q profitable private practice son was born TO hln
only few days ago. lie was at the ume OF hie
when men naturally look forwarl TO many years OF
activity. The operation performed upon MN was
serious one but it seemed probable until shortly be'
fore his death that he would recover. Mr.. semplcs
share In the DistrctAttoneys work brought nan 10
tho knowledge Of appellate judges and many Of them
became his warm friends. The tributes paid to MIN
by his associates hearty and full OF feeling one
Ory on the court minutes was especially interesting
from It's surroundings. Inc motion was made by DIS. Dis
seconded by ex-Judge Bedford, VINO haa been ior us
greatest length Of time his FELLOW ID Dss. L
Mr. scmple's associate In oihce, and hld eeen his op
ponent in many legal contests since ne returned 20. -
MARITIME, who hrst appointed Mr. seniple TO once
Judge MARITIME called attention TO INC e1 .un' onS onS
Part in the proceedings were hose VINO nsa 6ecn
most closely connected with Mr. Scmpie IN oincai nie
Orlando L. Stewart whose death was announced last
week was better known generation ago than he was
at the time OF his death. He was at one time
lawyer with a large and remunerative practice and
was member of Stewart l.. Woodfords firm before tho
present firm organized. Mr.. stewart was over
six feet in height with a large frame and mass Ok
curly bnr so that he was a striking figure in his
later days. When younger he was unusually me
looking and his eoury manners ana Geep ND ,aso
IN cases In which he engaged. lie was an As.
sistant Distrct-Attorney many years ago, ana hao
an extensive criminal practice at time when criminal
law was moro highly regarded among advocates than
II now is in this city Mr.. stewards practice in las
Years had apparently fallen OF greatly
Dr. Austin Abbot recently completed his axtieu
year. but his industry is undated. His new Office N
Dean of the University Law School seems TO suit his
taste and he Is exceedingly popular among the at
tendans al tho lectures Dr. Abbos successful series
In,i- bns flohl Nls
siderable income, and his law practice has also been
l,I,e iii, var.ed abOrs have neither worn him out
nor hardened his nailre. Hts pupils recently showed
tncir appreciation OF him by presenting 70 him on
his birtllday n token OF their good VIII.