New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-12-20
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS

| President Harrison last week will, II confirmed maih-
tan the high repute OF the Federal Judiciary ODlec-
lions made to individual nominations, but general
opinion among lawyers seems 10 approve the selections
as a whole. Mr. Taft the youngest OF the nominees,
| has scarcely reached middle life rs yet. He WIS
graduated from college less than fourteen years ago,
but has already won an envabe reputation at the Fed
| eral Bar General Golf and Judge Putnam have held
Office under administrations Of opposite political faith
and both have National populations ynase me-
and fearless and has sometimes been criticised BY these
S Ml ability abb 0 haye not been M attacked Mr. Dallas
| well known In his own state The appointment winch e
for " the second Judicial Circuit, Of which NcwYOrk
| state forms part.
Judge Nathaniel shipman has been longer on the
District Court bench than any Of the Judges OF the
Second Circuit except Judge Benedict, OF Brooklyn
| He has frequently sat In the United states circuit
Court in this city, and his rugged homely features are
known to many New York lawyers 1t Is no disparasc
men to other judges to that no occupant OF seat
on the Federal Bench has been more honored and re-
spected than he BY members Of the bar He has been
a resident OF Hartford for many years, ana VIII
probably continue TO live In that city. 1t was re-
| ported many years ago that he refused to allow us
friends to urge his appointment to the Circuit Cour
because tho promotion would necesstate his Ming In
New-York where his aided expenses would exceed the
additional income. lie Is nesive In his manner on the
bench but outside OF court Is one OF the mo-, ggnia
| l
ever his class has reunion meath the ems We Is
one II the iOest aad most popular OF the assemoage
He has deep learning, quckness OF decision ana Ereat
industry So that the work OF the Circuit Court VIII be
expedited hy his addition 70 the force OF Judges Tic
! will probably do much OF the trial court WORK.
The Plan OF the state Circuit Court TO enable law
ycrs to fix their cases for trial at definite time VIII
| 20 into operation January l. II has been tried IN
other courts with much success. The cases VIII DC
called each week by one OF the supreme Court JUS
tees and canses set down for the following week No
adjournment can be had except for good cause. The
fact admitted by members OF the bar In their ranker
moments that tile laws delays are due moro 70 law
yers than to judges clients. Cases are adlourneo
simply because counsel do not feel like pro-
ceeding and the attempts OF the judges TO ds-
| nose ~ business are often thwarted. The
| new rules ought to make IL more difficult to procure
needless adjOurnments. Every lawyer VIII nave an
he tried and il the members OF the bar will second
the efforts of the judges, cases Will be promptly da
posed Of.
Tho most scrupulous lawyers dislike exceedingly to
begin lawsuits to recover compensation for the ser
vices rendered by them and sometimes prefer TO lose
the money due them, rather than to undergo the an
noyance of litigation. Two lawyers OF Western New
| York who did attempt to recover for services nave
boon unsuccessful The General Term Of the Fifth Dc
partment having recently rendered decisions against
them which will probably not aid them In their future
! professional careers. a young attorney two days
which he promised to advance money, employ an at
| torney and render services for man who had been
injured by a railroad accident, on the agreement thar
amount obtained from the railroad company as com
pensation for his injuries The client promised NOT
yer se o1sen and his Presenee When the
receved. A G emo IT wa made W out tn at or eys
| knowledge The lawyer brought suit against the
| injured man and caused his arrest The General
Of the Court has decided ia at 6 5de b at
ordered that the order OF arrest against the client
| he vacated.
| Tho other Western New-Yorlr lawyer has had more
litigation in the last few years than he wanted lie
began suit to obtain payment for services. The
case has been three times tried, the lawyer has OBJ
tanned verdict each time for amounts less than $3.50,
and the courts have regularly set the verdicts
aside. The General Term says that there is no view
OF the case in which the plaintiff can recover and
finally dismissed the complaint In order to avoid the
necessity OF fourth trial The lawyer in that case.
also young attorney had conducted an action for IA
client aud had been unsuccessful. lie wrote to his
client giving reasons why the report OF the referee
In the case was probably incorrect, and urging that
an appeal be taken, assuring him that 1t must be sue
The client did not reply until nearly sixty days after
| the report had been rendered The time TO appear
gram directing him TO appeal came too late lie ga
not appeal ana sued 10 recover compensation for his
iGai he cannot icover @6ecauss IL failed through
professional neglect, to carry on the litigation as he
| client, acting under such advice
The law Is perhaps less friendly to dogs than 10
any other species of property The Supreme Court
Of Mississippi has Just decided that the city authorities
OF jackson are not responsible for the loss Of dog
killed by police officer on the street. The dog was
usually kept confined, but escaped and the wife Of
| the owner running after 1t when 1t was shot
The court holds that II running at large and
that the officer had the right TO shoot The court
/ thofd oCz mC he NJ ice
regulations than any other class Of property. 1t Is
held the opinion continues, with great unanlmty by
| the courts that regulations Of the most stringent
destruction Of these animals kept contrary to such
regulations entirely within legislative power, and
free from constitutional objection though the prop
eriy Of the owner is DESTROYED without notice or hear
| ing in the execution Of the law. The Mississippi
court quotes with approval nassaenusetts decision
lar might be shot 10y the onic rs even within the
owners Enclosure, and the opinion Of a New;Hamp
shire court that private person might lawfully kill
| n dog having on collar bearing only the owners
| owner should be engraved oh the collar.
| The attempt OF the keeper of Chicago bucket
shop to keep IN property out of tho hands Of his
creditors has been defeated by recent decision Of the
Supreme Court Of Illinois Morris T. Martin, who
had at time been in the liquor business, failed In
1851 his firm owing about 100000 Shortly before
his failure he married q girl eighteen years old, he
being about forty six old. She had no property
Of her before marriage Two or three years after
his marriage he became interested in q bucket-shOp
and in device known Z" Skakels clock The
clock was purely gambling device, the tickets or
cards showing rise or fall 10 the securities were
placed In the machine at the beginning OF the days
business and fluctuations In the price Of the stocks
az shown by tile clock had no connection with the
rise and fall in the value Of securities At the stock
exchange The specu atOIs" Simply bet to whether
the succeeding cards would show rise or fall In
| In Ctuclr mr.
ness was profitable. Martin put "a large amount OF
he stock Of the company which he organized - con
duet the operations OF the clock into the hands Of his
wife In order make 1t appear that she bought the
stock she gave a note for $3.50 10 OF Martins
$500 was given as subscription for 1900 shares OF
the stock Her hu sband her Interest In the