New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-11-01
FROM BENCH AND BAR.
.,rurRED FROM LAWYERS AND AMONG
THE COURTS.

-, hearings, but from a legal point Of view IL
w. ,ot SO interesting because the result was not n
.n,,se The case at first was greatly confused ana
,avxers discussed in a rather foggy manner ex
'.,orv devises. trusts and powers In trust uhui IL
" .,her uncertain as TO whether anybody could ma
N@ :. 20 inst what the will was about. The opinion
''as,s,nc Justice Van Brnnt at the General lerih'
v..ver made the position OF the contestants ~
80, that q decision adverse TO the trust clause was
oDs,dered almost certain 10y most lawyers VIM i'
ma opinion II was striking example OF eioN0
.a.sonns combined with clear and untechmcai On
arss,on. and would have enabled even LAY ma" -
r,.srstand exactly the objections which the n''o'
:, ,udres have found TO the peculiar trust cllus he
Mt,ossiSilty OF compelling the enforcement o. "
provisions for ne Ioe des, r" Of Mr. Tden 70 give
g rst Of his estate to charity without bu aIrted
any psTfFss s. use Of q M vi Justice
e ,sat y sppes ssV Gosey 1s BT%R
O ou,S I'M Judge Browns opinion also lie loitio a
rreSed but il adds little 10 that whch rau aI Ionss
Ken said in criticism OF the FAMOUS re''
OF the Will
rps Gift mr. compromise 10 which Mrs. Hazard. the
.rsdauslter Of Mr. Tldens sister, was d pa'|
nav never be taken 10 the courts for oons,oe'''"on
hut interesting legal questions might arse II SUI.
we're brought to have it set aside some cr'uo's"
a. orton OF the trustees has been publicly MADE ii
thu
nr Tho will the trustees, although they prouaD'
.c,ed nnder the best legal advice. might have been
h.,s accountable for the surrender to MIS- hahaiu
Of a large share of the estate. on the ohel HIM.
rs prominent lawyer has pointed ont dreS i 10 nc
arise as 10 the power Tl owe g given to the Trust
nv its act Of Incorporation was % receive any he
ia, might come TO it under M Ilioens VIZ VIA moi
norton OF Mrs Hazards share was. IL Is siu IT,
yoce,ved under the will but in consequence W . t
v1I,s having been declared invalid me h' 80 'Se
hss already been so long ana So thsi mo further
ctys interest that II is TO be hoped ina he no carrying
LEGAL difficulties Will arise 10 prevent ,n l riIden
out at least in part Of the projects WIFI" -"''
had greatly at heart
The neu and dlgniied tribunal established oy ue
Inst Congress has been in session Tor se'e'h u'S
The number Of appeals on It's caieha~ wa -
reciedIy large and il is already evident tha' -
part OF the time Of two at least oil the uneo 49,
Iudccs who will hold Office in this Circuit aleI u''
- arno,rtments are made will be kept busiiy en-
poyed for large share OF their uiiie ~ st
snneols Tho court as now constituted Is aHesiu!
ponular among the Admiralty lawyers VINO hda 'Ie
first opportunity to appear before ll ho'" ~ ~.
,pde are oucl 10 appreciate the arguments oil couh-
sci and both have been quick at decisioh Inc
oninIons OF the court will certainly be espresso" !"
nlar and forcibe style, and will be OF great Vaine
On lauyers and other courts rs eXpOsllOns OF I'M
,oront points OF law In the weight and importance
a, I.s decisions the new court will IN many eases re
place the United states supreme Court Inc thi t
most important branches OF Federal law 9utsue ., e
nterpetatlon OF the constitution OF the United STATES
are patent admiralty and revenue law. III ", H.
three departments the new Courts OF Appears VIII Ds
PRACTICALLY supreme The criminal jurisdiction Whlch
except IN capital cases rarely requires great sk III
Interpretation will remain in the supreme NouTH
Wsny new constitutional and iursdictionai questions
viii undoubtedly arise TO occupy the attention OF me
supreme Court but the great mass OF cases IN WHICH
facts form an IMPORTANT see or " The o new trbuno
viii be watched with interest by lawyers and the re
suits Of its deliberations will be OF the highest n-
pOrtance 10 the community.
novel question as 10 the responsibility for injuries
BY a dog has recently been decided by the General
Term Of the Supreme Court for the Third Depart
nent. Joseph NJ. Battle bought dog His wife
Rebecca owned a house. Joseph took the dog to Re
beccas house. and both Of them helped n support The
dog Rcbeccs knew that the dog was vicious, yet
she allowed it 10 remain at her house. The dog, in
ouccd BY its prOpensities for evil. bit Josie the chd
Of a neighbor Thereupon the childs representative
brought suit against Mr. and Mrs Battle and obtained
a verdict for damages. The judgment has been
affirmed by the General Term, Judge Landon writing
tlc opinion. The wife, he saws, knowing the cog 10
he of vicious disposition and harbOrng IT, was guilty Of
wrong Yet IL being her personal wrong me nus
No Information j. given a. what became Of the dog.
but apparently Josie * on fair way 10 own at least
part of the house. if the judgment Is not otherwise
satisfied
l.. T. Proctor. in an article published in " The Al
bany Law Journal recalls The strong differences Of
opinion between President Jefferson and Chief Justice
Marshall. The great Chief Justice was called upon
early in President Jeersor's term to pass upon the
validity of the Presidents act in Withholding. through
his Secretary Of state the commission of Justice of
the Peace who had been appointed by President Adams
just before his term OF Office expired Chief Justice
Marshall. while not assuIing power for the Court
TO act in the manner ask for by the Justice of the
Peace, tried TO compel Secretary Madison 70 sur
render the commission yet expressed the opinion
that tie appointment complete when the commits
sion was signed even if it were not delivered. Pres
dent Jefferson paid attention TO the opinion ex-
eept 10 cnticise it freely lie refers to it more than
once in his correspondence and always treated it as
oil Ober' opinion. Jefferson also objected strongly
70 Judge Marshsrs granting subpoena directing the
and bring with him certain documents. President |
jefferson DID not obey the subpoena
attention to the fact that though Jefferson freely crt
csed Marshall the latter never i'll speech or writing as
u, as now known. made any unpleasant allusion 10
Jefferson.
The October number of The Judicial Review" con- |
tans the closing portion of interesting sketch by
w. W. Wilton on The French Bar The provisions |
Of the French law lead 10 some pecullarities among
French lawyers. The system Of allowing the presiding
Judge 10 sum up the evidence has been done away |
with under law Of 1851. The judges formerly made
II even more uncomfortable for the prisoner than an
Ehgsh judge does under the system In vogue in that
country. Now the French lawyers have the last |
words 10 the jury and consequently their elOQuence Is
directed toward affecting the sympathes prejudceS
U ue Jury without any fear that the effect of this
s"quenoe will be dissipated by the cold tones OF
uoss The writer OF the article says that he observed
eai In which there was proof Of long premedtated
niuicsf With intent to rob- and there were many
AesIaVaung circumstances, vet the sympatheS of the
uy induced them 10 the question left 10 their
S =. BY answering: Upon the question Of muir
- les, premedltauOn-les; and theft-Ies. but
VII further finding that there extenuating cir
sslances 50 that the seveIest penalty could not be
..l1~ceo he was convicted Of the highest crane
~ ~ punished for lower one The French lawyers
..oI as their English brothers do look forward to
,aS OF the bench as rich rewards for their labOrs
E highest Judges receive only about $4,000 salary
,a ,he local judges from ~ 900 $500 They are
ssMS'pay men who have taken up the judicial work
: taey would that in any other department OF the
,srs'hnent. They begin at the lowest grades and
,. y gradually reach by promotion the higher
80. The states Attorneys are graded in like
1anlrr and off -hntS iuo cIa