New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-09-27
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS.

| GATHERED FROM LAWYERS AND AMONG
THE COURTS.
The European steamers have brought nome ro"i
their vacations most OF the judges who nave spent te
summer months I'm travel and this the last week OF va
cation will be spent in preparation for the opening
sessions of the courts Presiding Jusuce van bruh'
Is among those who recently returned from Europe
lie has accumulated stock Of good health which VIII
enable him TO continue the work Of his oihce Win MS
accustomed industry Several other judges Oh the gu
preme Court have reopened their city houses aiter
their summer travels The october terms are usually
occupied with the trial of the shorter and less I'm,
portant cases but there will be large calendars In lVt
OF the courts The city Court judges are apPnSntg
not expecting heavy fall calendars for they adlOrnen
the trial terms until last Friday for the term al
though the rules provided for opening the terms on the
second Monday OF the month";
The nominations thus far made Of Justices OF the
Supreme Court of this state nave been made with
unanimity which Is pleasing to believers IN judicial
independence. Justice Calvin f. Pratt Of the I'D
District has been renomnated by both Republicans and
Democrats the case when he was elected four
teen years He thus finds his path to re-elecuon
and a prospective retirement on pension made easy
Judge Pratt is popular in Brooklyn, but has occasion
ally been criticised by NewYork lawyers for the free
dom with which he grants stays Of proceedings In
criminal cases which arise in this county. Not few
criminals who could not application to New-iork
judges obtain their liberty after their conviction on
overwhelming evidence, have been released by Judge
Pratts order on bail which the New York prosecuting
authorities sometimes thought insufficient Aside from
this occasional Of criticism Judge Pratt has been
admired for independence and ability. The nomina-
tons in the WITH Judicial District have also been ap
proved by both the Republican and Democratic con-
ventions Leslie w. Russell and Martin L. Slower,
who have been nominated take the places OF Judges
Potter and Tappan, have both been known as party
men, but they enjoy the respect Of their neighbors
without regard to politics. MFR. Russell especially is
oytpo aIv in nd rs kuow
In this city, where he has practsed law. His service
as Attorney General of the state was honorable aod
Republican, and the Democrats indorse the Repu6-
llcan nominations. Several judges be nominated
lawyers 10 whether the system of opposing party
nominations for those offices will continue. Some OF
the present ncumbcnts enjoy the especial esteem of the
members OF the procession, and they may receive
unanimous nominations.
Civil Justice Rogers of the Annexed District has a
clear idea Of the duties Of the judicial Office when he
says in his letter to Commissioner Purroy that the
judiciary should be above suspicion even the faint
Of party influence In tho administration Of justice.
Whether there is Or Is not good foundation for his belief
that Mr. Purroy's system OF requiring written pledges
from candidates will interfere with judicial impartial
lty he certainly sets up high Ideal. Civil Justice
Rogers may be candidate for reelection, though
on the PurrOy ticket. He has many friends who ad-
miro the independence which he frequently shows lie
has always been Tammany man. but has not been
suDScfVlent 10 Mt. PuflOy lie is strong with that
large element of Tammany Hall beyond the bridge
which thought that Mr.. Prroy was allowed to resume
the control TOO quickly after his revolt from Mr. Kel!ys
leadership. lie NAV receive The nomination against
Mr. PurOys candidate, though his ago Is regarded
an obstacle His opponents say that he would be COM
PEELED to retire within two years after election on
gaIed as thoroughly impartial in the discharge of his
duties, though at 1,lnes eccentric.
useful law-bool which has long been announced
has at length appeared 1t is an annotated edition Of
the New-YOrk Consolidation act in force. The
changes each year in the act that it
is difficult to keep track OF them, and even II the
volume contained nothing than the amended act
it would be valuable. There are however, frequent
notes. prepared by Mark Ash, of the New-York bar |
In some ten twenty notes follow a single sec
ton Mr.. Ash says that the work Of annotatng was |
only aborous, but unsatisfactory, in many
contradictory decisions found. The task Of pre-
pairing adequate notes to the Consolidation act was |
enough to appal the most industrious lawyer. Mr.. |
Ash has apparently abored with great esrnesness to
make tlc work complete possible. Another diff |
Guilty has been to decide the effect OF legislation
which, without formally repeating, practically SUBSIDIES
sections Of the act Mr.. Ash for instance, quotes the
entire law relating 10 the block system in a note to
section relating 10 the duties of the Register The /
sections Of the law relating TO the removal Of voters
between the days OF registry and election are, however,
given In full, although pra~cllE repealed, so far
the general elections are concerned by the consttu
tlonal provision for thirty days residence I'm voting
precinct. The appendix to the volume contains the !
royal colonial charters Of NewYOrk City, known a.
tie Nicolls charter the Dongan charter the COrnbury
charter, TING Montgomcre charter, and the confirming
act OF 1I32 The pdex is vOluminous and iudiciousy
arranged.
The August Issue Of " The Green Dagp contains a |
second nsalment of John Whehead's interesting his
torical sketch Of the supreme Court Of New-Jesey.
The history Of the court is remarkable for two things
the number of judges who alterward held high political
office and the number Of judges who not lawyers
when they we've appointed to places OH the bench OF
the highest court of the state. Samuel Tucker, who |
the only Judge cf tho court I'm part of the years
1875 and 1777, not lawyer, but had BEEN sheriff
and a member of the Legislature Judge Isaac Smith. !
who sat the bench for thirty years and whose iudg
ment and accuracy in the decision OF highly
praised was practising physician and had no legal !
education. william 5. Pennington was elected judgc |
In 1904 before he had completed the necessary term
preparatory TO becoming a counseOrat-law. lie
a sagscous and able Judge, elected Governor in /
1913 and for eleven years subsequent to 1915 was |
judge Of the United States District Court, Office
which required his holding court for about six days In
the year. william Resell who Supreme Court !
justice for many years, and aftcrwad for the fourteen
years ending in 1910 a United States District .
Judge wa, saddler by trade, and had no legal cduca
ton when appointed. lie was fair judge. The
for the selection of men who were not lawyers
probably that the dominant party In the Legislature
which chose the judges not always we'll supplied
with lawyers who had much weight In politics. Among
the men distinguished In National politics who at some
time in their lives held places the bench OF the |
New-Jesey supreme Court were Judge Symms, father
n-law OF William Henry Harrison, and an ancestor /
Of the President benjamin Harrison. lie was a mem
her Of the Provincial ard Continental Congresses and /
later 1udge In the Northwest Territory. Judge
llahon DchersOn aftcTward became Secretary Of the
Navy and samuel l. SouLhard became United states
Attorney General and Acting Vlce-Prcsident under
President Tyler. William L. Dayton was a Judge Of
the New jersey SupTem Court before he became United
states senator aud Minister to France. Several Of the
other judges held political Offices after leaving the
bench.
The death few weeks ago OF Mrs Leila Robinson
sawtee Of Boston, recalls the struggle which she had
ten years ago. when she Mss Robinson. in at
tempting to secure admission 10 the bar She the
first woman In New gland 10 receive the degree Of
pac,ator % Laws her graduation iu no