New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-11-08
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS.

congratulations over ctores and explanations of de-
feats Wednesday fully occupied the minds OF the
lawyers as well us OF other members OF the COM
munity. 50 that the courts were not fully az WORK
until the latter part of the week The supreme court
General Term met on Monday. and many appeals were
argued. Justice Ingraham sat at the General Term,
undisturbed by the fact that be WAS "a canoioA,c'
Judges Pryor and Gders,eeve were also acting under
election day legal difficulties were few; and the up,
pIcntions for relief from the action Of inspectors Oh
season passes the last important disturbance In the
court work until the Christmas holidays.
The result Of last weeks election for judicial
officers has been generally satisfactory to lawyers.
Judge Ingrahsm's election TO the Supreme court IN
this city was foregone conclusion us in addition TO
the strong Democratic majority TO be expected ne hh
the benefit OF much personal popularity lie mas
been for so many years practically supreme court
Justice that practitioners naturally expect to see MS
familiar figure IN the place which he VIII herearer
I'LL by election instead OF by designation. Junge
Pryor. In the year which be has passed upon the
Bench. has grown in public favor and in liking with
the profession He is not only courteous ana WSch
his opinions % eseca has een
only a few months on the civil bench. but his long
service as Judge Of the Court Of General Sessions
marked BY fairness and aptitude In dstinsuishhnS
judicial officers in other parts Of the State were
elected without opposition and with the genera up
tors at large.
The reflections TO the Supreme Court bonch OF the
State those Of Calvin Z. Pratt in the lid District
Celora T.. Martin In the With District, and Charles
f. Dwight In the With District All OF these Judges
were renomlnaed by both parties after years OF faith
full service. Leslie W. Russell and Martin L. Storer'
the candidates in the Ivth District, were also mop
posed Both Republicans. and Mr.. Russell at least
is well known in this city. where he has practised
(adv Her-fctr
date In the lid District who was apparently
chosen by a smaller majority than had been ex-
pected in the usually Democratic district Is
certainly known to those city lawyers who take
an interest in Democratic politics Hamiiton
ward. one Of the two new supreme Court Justices
that Governor Ill., In spite OF the fact that Judge
Ward Republican, appointed him to the bench tSn
other new justice in the With District. The r.
tlrement of Judge Daniels will be loss e this s city
Term justice Of this district for many years
The election Of civil Justice in the northern district
of the city resulted in the choice Of the candidate who
was more widely known than his opponent In the
courts and among lawyers. Mrs. McCrea had been
associated with the firm Of which Judge MeAdam was
formerly the leading member. He subsequently
practIsed without partner and was rseefnI
and intelligent lawyer, and will undoubtedly I'll
honorably the minor judicial office to which he was
elected
delivered by the Court of Appeals have been published
in full In "The Yew-York Law Journal within the
past week or two weeks. Some Of them turn on
questions Of evidence, and their exact erect canhos
rs yet bc fully determined Some changes VIII neces
sarily be made in future trials, ard the lawyers Tor
the aggrieved property owners will be more strictly
limited than heretofore. The most important point
decided was that raised in the Pappenheim case as
10 the effect OF transfer Of the land on suit by the
new owner The question has been frequently decided
I'm the lower courts but the Court OF Appeals has not
heretofore directly passed upon this claim OF mo
elevated roads to partial exemption from the payments
~ damages The Court of Appeals entirely supports
the position taken by the counsel for the pialnt1S
The court holds that the vendee obtidas all inc
vendors original rights In the easements appurtenan
IN the land and can use all the remedies against
the railroad which the former owner might nave
exercised II he had not conveyed the properly ihis
decision is probably the most important since the early
ones which fixed the responsibility OF the elevated rgn
for damage along its line. Judge Pechhsas 0pinion
in the case Is luminous and , convincing ys az az
nrevios decisions in other classes Of cases had made
such a decision probable but the elevated comPan.'
had succeeded until the cS Of tSe
TO the highest appellate court Inc deI b arown
an important SIP IpDn ~ permanent ce on the
calendars of the courts.
The elevated railroad cases form only one OF several
,ex classes of litigation which arisen with changes
In methods OF ocomotion Of furnishing convenlences
TO the community. Electric light and TRACTION have
already been so frequently discussed In the courts
that the decisions arising from their use form fairly
large body of judicial literature. The disputes Dee"e9h
telegraph and telephone corporations, subway COM
NAMES trolley aud horse railways and other rivals
for the possession of the streets occupy much ume III
the courts special treatises relate to the law OF
electricity which hall century agq was hardly deaT r
OF i'm the bicycling ana OJheI sPosts, eI 'o
,i,bt. and RESPONSIBILITIES OF those who take pdr III
them have their place in the deliberations Oh ieHeu
iaT-verS aud a. some new invention supplies another
SS - cviiiration the courts are called TO apply
Old legal principles 10 new uses Law BOOKS on tne
I'd cnntracts but the relations Of the public TO many
forres of which the lawyers Of the last generation Ae
nothing.
"The Yew-York Law Journal recently, In an ed
toral on Referees expressed the opinion mat IL
was unpleasant for lawyer 10 appear before reeree
who is likely 10 take early bias, and thereafter Try
the case with II view to sustaining his own opinion
The ideal judicial temperament says, is closely allied
To the scientific temperament, and the judicial MIND
alway welcomes the reasoning Of others aud does not
provoke antagonism. OF course a judicial tempefa
mept /, important referees when they come TO de
eide questions but in spite of the disagreeabe sensa
ton which u lawyer experiences In arguing before an
spparenly hostile referee Judge, keen lawyer viii
probably find him helpful cool and silent Judge
i sometimes OF less aid to bright lawyer than
Is the one who apparently takes position antagonsuo
TO that which Is presented TO him the argument and
who cites opinions or states principles leaning toward
the other side He puts the quick-"ted eoulsei
~ the test and frequently by his remarks suggests
a new train OF thought which may be Important When
line matter which has been argued comes up for maj
decision the judg, referee should Of course weigh
n without Tie least bias. but while the lawyers are
talking it Is often helpful TO have ctlohS
Tbicbs had moi previously occurred TO the counsel
nresented for him % consider. and possible in his
subsequent brief to answer and overcome Inc E r!
itsb indges who frequently hold long debates Win
fha a
Of the best and most respected judges have been
Tho habit OF occasionally throwing out hint a. 70
he chief objection which the lawyer will have To
meet in obtaining favorable consideration Of his case