New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-05-10
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS.

Ju~soS III tns1r placeS JuuBo "PP''hV-
ment to the supreme Court did not change his assigned
duties. Judge Gdcrsleevo sat at o trial term Of the
superior Court and his first days work included the
trial OF two important cases, in which well-known
lawyers appeared. The General Term Of the Supreme
Court suffered by the absence Of Justice Barrett. who
Is still Ill, and who will probably not resume active
duty until after the summer vacation. Chief Justice
Van Brunt and Judge Daniels heard arguments the
appeals, and If they endeavor TO keep up with the
heavy caenders Of May and June they VIII be over
whelmed with work To add to their abors, District
Attorney Nicol insists that an oyer and Terminer
is needed. Governor Hill has assigned Justice Lam
bert OF the With judicial District to assist in the
work Of the Supreme Court in this district He VIII
probably sit at OF tho triad terms and Chief Justice
Van Brunt may hold the oyer and rerminer; The
trial Of the New York and New-Haven directors is
doubt Is expressed as TO whether the case win be
tried before vacation.
The opinion Of the Court Of Appeals In the Brooklyn
waterworss Is In Judge Flnch's clear and at
tractive STYLE and though important point Of law
was decided 1t Is agreeable reading for members Of the
profession. The decision turned on the construction
TO be applied to few words Of the statute. The
questions of improvidence and fraud which would
have been interesting had they been presented to the
Court, not considered. The strongest effect Of
the decision against the Brooklyn officials, will be
TO make it apparent that they fastened to carry out q
bargain which was so clearly void that the General
Term and the unanimous Court OF Appeals could md
justification for It, Mayor Chaplin is a lawyer
whose clients have had much confidence in him, and
Corporation Counsel jerks has laid claim 10 consider
able legal knowledge. but the reasoning which ap
perred convincing 10 the appellate judges had no
tremely dsagreeable to them as lawyers as well as
politicians.
Chief Judge Ehrlich, Of the City Court attempted
the other day to override tho Court Of Appeals, but
his learned associates. Judges Van Wyck and New
burger, disagreed with him. Judge Ehrllch. in his
dissenting opinion at General Term quotes recent
decision Of the Court Of Appeals which would seem
decisive Of the case in opposition 10 the view which
he took. We would willingly subscribe" says the
Judge speaking of the official expression Of the high
judicial tribunal the State to this view Of tho
law but for the fact that the Court Of Common Pleas
several had apparently decided differently"
expression OF the views of the highest tribunal is
part Of the law Of the land which every one is bound
to obey The City Court has not increased s prestige
by It's new appointment Of clerk Whatever may
be the virtues Of ex Warden Heating he certainly had
the misfortune to fall under the dspeasure Of at least
agement tic County jail was not we'll kept that gam
bling and drinking were allowed among the inmates,
and the warden indicted charges Of misconduct
The charge dismissed legal echnicality and
indictment remains against him. Considerable sur
prise was however. expressed among members of the
profession when his appointment was announced.
"The Albany Law Journal acknowledges that it
finds it difficult sometimes TO fiji its pages, and may
have had recourse to padding" but the editor says
that he never reduced to printing matter quite as
Irrelevant as that which appeared in OF his law
exchanges. The instance to which lie refers is in
deed peculiar Current Comment and Legal Mis-
cellany7 is monthly magazine printed In Philadel-
phia II contains original notes and much mat
ter that is not original. Some correspondent asked
"Current Comment to the true form Of the
quotation beginning, "The that lays his
hand upon save in the way of kind
ness" The question while not strictly legal
one. afforded the editor an opportunity OF
man OF genius would have thought Of taking advantage
He saws that the quotation is from John Tobns play
The Honeymoon which ne SAYS Is rarely seen ID
print. lie then proceeds to quote the entire play
publishing il serial and hlng several pages IN
successive numbers. The only connection OF the play
with the law is that the correspondent who wished IN
formation about the quotation had heard Judge refer
to It as written by Shakespeare.
An interesting and apparently novel question was
that decided several months ago but Just fully re-
ported in the Colorado supreme Court questions sub
mitted by Governor Routt. When the Colorado Gen
eraI Assembly first met James W. Hanna was elected
Speaker OF the House Of Representatives few days
later n majority OF the Representatives declared the
office of Speaker vacant and proceeded 10 elect Jesse
White as Speaker. The Governor asked the supreme
Court as TO the legality OF the action Of the House Of
Representatives, and able lawyers argued the question
Justice Elliott writing the opinion Of the Court says
that no precedent the power Of the National House
OF Representatives or any state Legislature 10 remove
Speaker by resolution brought 10
the attention Of the Court. Arguing from
general principles and from the power OF the
House to decide upon the qualification Of its mem
bers and from other inherent powers the court reaches
the decision that the House has the right to remove
its Speaker and elect another in his stead The clos
Ing sentences have especial force read with the ecOl
lection OF the attempt OF me ma!onty OF INC NeW
York state Senate 10 transact business with hoste
presiding officer. The court says: Any other con
clusion would in our opinion be antasonisc to the
fundamental principle Of representative Government,
that the majority Of each legislative body has the power
10 control the action Of such body within the limits OF
its jurisdiction, except otherwise provided by posi-
tive law. If n clear ma Ority Of the whole House
cannot thus change their presiding officer then II :
difficult 10 sec how twothlrds. thIeefOurths or even
the whole number take such acton against the will
Of the Speaker
The decision Of the Nebraska Supreme Court that
Governor James f. Boyd Is alien proves that the
executive, as the Colorado Speakers case proved
that the legislative branch Of the Government
must after all, look to the judicial depart
ment aGOrding the only peaceful means OF
solving political disputes Governor Boyd has been
well known in Nebraska for many years and has re
peatedly held Office. lie has boon Mayor Of Omaha
and plurality Of votes at the last election for
Governor He must have believed himself citizen OF
ne nted state 9t c ne WA, ban fba fut Gov
ern0r was child. and IT was supposed that he had
not only declared hiS Intentions OF becoming citizen
but had become fully natural2cd citizen while his
son was a minor. After Governor Boyd's election,
however. the reports that he was not citizen were
prcme of the State last week adverse TO his
claim of citizenship. The case may be taken 10 the
United States supreme Court. Governor BOYD would
find IL useless 10 obtain naturalization papers now, so
far as his present IS concerned. but II he desires
To be politically active in the future he VIII pTOOaDy
make his citizenship assured fact.
English solicitors have reputation for obtaining
large fees and the courts usually interfere with
their charges. 4 Mr.. Neale however, did not meet
with much consideration recently before Lord Cole
ridge Mr.. Neale acted solicitor for man named
Granger. who charged with criminal libel Tho
accused man had first pleaded that the llbcls were
true but after consulting his awl ers the plea was
abandoned and the trial occupied only few minutes,
the defendant being convicted. but released under
suspension Of judgment The solicitors bill of costs
amounted IN nearly 5000 and the master reduced II
TO about $3.50. The lawyer appealed to the Queens
bench. Lord COcrldgc said that the costs IN stch
eases had increased enormously Of recent years lie
continued It really appears that the bill was large
Two counsel, three witnesses, the trial TOOK Ten
minutes and the bill Is almost G160.7 The lawyer