New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-06-14
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS.

yin be his associates the bench at the opening OF
.b United states Circuit Court OF Appeals Of this
,-cr,t The court viii be sort Of General Term for
.n limited States courts but with far greater powers
.nan the General Term of the New-York Supreme
Cou-t IT will pass upon appeals from the circuit
oUd district courts and e decision In the great ma
,-a+v NJ cases will be final. The Evarts law, under
sNch II is organized provides for appeal TO the
rr,ted States Supreme Court IN prize causes, IN
c-,minal cases in which death infamous punish
mani Is the penalty, In in which constitutional
T,.stons arise or the validity of O United States
statute attacked and In matters which are certified
10 the Supreme Court by tho tribunal Patent
admiralty and revenue cases and those dependent Tor
Jurisdiction on the citizenship Of the parties occupy
the greater portion Of the time in the United STATES
courts and thsss w as rule be finally asO ef &
supreme Court win occupy the attention OF tne Jus
s O 6op Prrn souS TG Be sG y I relieved in the per
formance q its duties The court VII Ge Sgs 70
Of o1esto1 of construction, capital
cases and subjects certified 10 Il by the fowT az
gss GSH 9 circuits Ute mss Ss sf f the
docs not On sppSpS the Rew En- This Circuit and
with Judge Blstchfo presiding full court VIII %
In @ sSs s9pO,nent Of clerk and marshal and
other subjects connected With the % 0d 6e
after July when appeals can be taken to It,
The tndres at the opening of the court will
,sar orical gowns The Supreme Court Justices are
accustomed 70 wear silk robes and the new court VIII
have in most cases jurisdiction similar to that pre-
vously exercised by the Supreme Court. Many law
yers including OF the leaders OF the bar maze
rouest that the judges gowns. Among the sign
es of the reaest submitted 10 the judges were John F.
million and William D. Shpman, who have themselves
heen Judges Of United states Courts; william NJ
Fvarts formerly Attorney General; Stewart L. Wood
ford stephen A. Walker and Edward Mitchell, VINO
have occupied the place Of United States DistrctAt
torncy and other lawyers who have had special eA-
perience in the United States Courts The judges OF
the highest courts IN many Of the States wear gowns
10 the aspect Of the court. While Justice Blatchf9G
viii sit at the opening SESSION Who e msT be assisted by
one OF the United States District Judges: NO Appeals
PnsideDt does not make appointments TO the new CIR
cut JudgeShps until the meeting Of Congress IN De-
eember, the meetings OF the court Can sun NC A'iu
Professor Dwight, Of the Columbia Law School.
hsde farewell to pupils last week and closed his
work of third Of century the head of that nsttu
ton The expression OF goodwill on the part Of his
uupils was unanimous and hearty. The middle class
men who desired to allowed 10 graduate when Pro
lessor Dwight went. presented 70 MIN handsome
Illustrated volume, containing an address, with the sig
natures of members OF the class. The address was
warmly eulogistic Of Professor Dwight and expressed
gratitude for his teachings. The senior class also
bonord him. Professors Chase and Petty were also
the recpens of gifts by which the students desired to
express their goodwill. The seniors decided to or
ranize Dwight Legal Society. Professor Dwight, IN
his words of thanks to the members Of the senior ane
middle classes. made reference 10 his methods OF
teaching and the change OF system whch Is 20 tahe
10 nve the student only so much as he can asslmate
not crovding matter upon him. for we hold erammlag
Success in past years. Speaking Of an article In
The Harvard Law Review In reference to Columbia;
Suppose that the principles taught during the last
thirty years have been failure bat although the
10 af l i
In its folds the motto Resurgam'
arhA Harvard Law Review" article to which Pro
fessor Dwight referred is entitled, The Increasing
rnanenoe Of the Langden Case System of Instruction"
The essence of the system Is says to substitute
the discussion of the actual authorities of the law for
the taking Of results from text books and us OBJECT
is said 10 be TO compel the mind TO work out the
principles from the cases" The writer quotes one
review as saving that there is Just much sense In
odsavornr TO instruct students IN the principles Of
tba law nv the exclusive reading Of cases as there
would be In endeavoring to instruct the students al
West Point in the art of war by compelling them to
read the official reports Of all the leading battles which
have been fought In the worlds history but closes
that the current Of opinion has been toward change
TO the case system. The editor of The Albany Law
Journal" in the issue OF up the differences
between the systems in these words The purpose Of
Columbia has always ben to make IawSers TI law w
as science No number OF years, short OF Hlatohle
wears. would suffice teach the law on Jhe
theory, for logically II demands the examination anu
discussion Of every We prefer the practical ana
pointed method OF Columbia. which teaches principles
using cases as illustrations ana proofs, 10 IlI tl
ward method which analyzes and discusses muIutuue
Of cases. and lays down the Prnfpe at t2s enc II
when asked his opinion ON point OF law, na'urS1 b
test Of legal judgment does not lie IN cases but in
the circumstances which alter cases"
aLondon Law Notes. tells story which IT gravely
haftav e. frue one and
TO identity the magistrate concerning whom it is re
lated. The incident Is that of the arragnment OF
London streetpreacher, who weak-minded but
noisy and who taken before the magistrate on
charge OF obstructing the sidewalk The hndhearted
magistrate wished to discharge him, and asked him If
he could not give the of some friend who would
become his surety. II have no friend said the
preacher. save the Lord yes said the magis-
ae Int mean T1I VINO y 81 tbe e1bnsi
asst The magistrate hesitated and said OF course, OF
what might call more settled residence The
story has certainly been told before II Is possible
that Law Notes" which stands as the Instructor
of nqustve law students has been itself deceived or
does history again repeat ITSELF
The June asurrogateS contains portraits Of Angus
tus ~ Weller the Surrogate Of Queens County, and Of
William B. Davenport. the Public Administrator Of
Kings County with short sketches of the career Of
those officials Chafles E. Lydecker, Public Admins
traitor of this city contributes careful description
Of the duties and powers incident To MS once Inc
editorial department Of the June number Is fuH OF
lively discussion Of current affairs The Will under
which Howell Osborn receives large income forms the
text of discourse about Black sheep their causes,
hopelessness Of cure, and the ingenuity with which
their parents attempt to deal with them "Mammon
savs the writer has taken away his father and
shion too often his mother and the one thing they
will not give him Is the one thing he needs-thcIl-
selves. The parent dying leaves the income always 70
the Black sheep" for life and some one Is 70 nave Ine
benefit OF IL after his death. but under no clTcuin-
stances are the creditors u have anything ana 50
the writer continues. there RACES forever tlae
fight between the decedent entrenched heh0d MS VIII
the creditor backed by the equity courts ana the M
thrift wild 10 break open the money chest iar enOus,
10 get his own hand I'm and shut down on me hahd OF
the creditor II is beautiful. beautiful hght; ana us
ups and downs resemble nothing 50 mnch as the a! III
nations Of success between the irresistible pFcec ,e
unbreakable armOr plate and the Inevitable toPeo"
The Fnn1ah haooarat case excted social and pOltca