New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-12-13
FROM BENCH AND BAR.
GATHERED FROM LAWYER: AND AMONG
TIE COI7pIS

| CAT HERD FROM LAWYER AND AMONJ
The COURTS
The reference I, the courts OF the disputed cleo
ton Is matter Of concentration to the pubic
and a deserved compliment to the integrity OF the
bench. The judges who have acted In the election
disputes thus ar have no praise for their fairness
Judge Kennedys words from the bench Were crit
cised BY som, Democrats but when Judge Morgan j.
O'Brien sent from this district 10 syrncuss he
found little or nothing to change I'm the decisions
made BY The local judge. whateyer may have been
his opinion TO the expressions used In delivering
the opiraOns Judges Barnard and Edwards have used
diligence TO decide the disputed cases before them and
their decisions have been generally approved by law
yers. The courts probably will not welcome the
additional burden OF deciding election cases. which
have usually been taken TO the Legislature for set
cement, hut il the good opinion which the commn-
thus far had OF the fairness of the courts con
tlRucs 10 be justified it viii probably not be long be
fore election contests viii be exclusively decided by
the judge TIE Questions when rave bGen ,nn,n
which could arise and the decision of them By The
highest tribunal Of the state is eagerly awaited.
question similar to one OF those argued before
the Court Of Appeals has been decided by the supreme
Court OF California in case Just reported. There
WINS n closely contested election for Superior Judge
In one OF the counties OF the State and the trial court
found that one OF the candidates. Crawford resolved
one vote more than his opponent. Rutledge. The
trial court however. had refused TO count several
ballots cast for Rutledge which had accidental marks
upon them. Two OF the rejected ballots had on the
hack faint type Impressions OF a portion Of the face
OF q similar ticket. The impression was such rs Is
produced when n sheet which has been printed with
TOO much ink Is placed on top Of another which has
preceded II from the press Another ballot had upon
It's back small piece Of red sealing wax, ana fourth
had a small stain apparently made by drop Of oil.
There was evidence that these marks were designed
to distinguish the ballots from others. and the
supreme Court ordered that the marked ballots must
be counted. The Court also overruled a technical
objection TO ballots cast for Rutledge on which an
lndeble pencil red ink had been used by the voter
The law required that ensures should be made by
the use of a lead pencil or common writing INK
Merchants called before the trial court to show
was con,ended That red ink was not common. The
Court held however. that the purpose OF the law was
by lapse Of time and to prohibit the of paster
ao End that The IS n Te 9t he a n% ad S 6
ballots counted for Rutledge would elect him over
his competitor.
Justice Lawrence was compelled last week,
Justice Paterson had been few weeks before. 10
follow the principle laid down in the Tilden will case
and previous similar decisions OF the Court OF Appeals
BY JUDGE Lawrence's decision in the Scvilla ease
$500 OOO was lost TO proposed New York charitable
institution. and the Ogden Will decision By Judge Pat
terson also involved great loss To charities favored
by the testa;or. The expected refusal OF the Court OF
Appeals Judges to listen TO an argument IN the Tlden
will ease settles ievocably the disposition Of the great
estate left By the Ex-Governor These losses 10 New
Work charities may be In one view. Tile Central
Law Journal" asserts, legal wrong blt In another
view tey P ~ scd Ss Sse thcmseSe ~oy
Institutions or societies which may be benefited by
e il seTo' rsScc 81 Seneenry TO- and
cxecutors The theory Of the law seems To be U ni
~ bis e.atc 10 select Che objects 80 be benefited ne
has the right to call on the courts to sustain the
choice which some one else makes on MS behalf
Fortytwo new lawyers gained admission last week
TO the ranks q the profession JndEng from the names
OF young attorneys some OF them VIII not need 10
struggle greatly for their daily bread for they belong
to wellknown families Others, however, Will join the
rorc ~ yc,nc practitioners who seek to make living
from the law. How many Of them read the advertise
ments in The Law Journal" last week which tell OF
tie small remuneration which would satisfy some
members OF TIE professionl An attorney who Is an
experieuccd law clerk and process server
odver.ises for Immediate work at sc per week
Address Immc-lr'c." Another, who 10 his titles Of
OF A. b. IL. y. and 4. NJ. adds the more important
qualifications Of typewriter, asks Sll n week How
many years OF hard experience and measre earnings
viii De necessary before some OF those VINO TOOK tns
oath before Judges Barrett and lsIlers2a lst WI
will lie nhle h obtain comfortable nVeihOpu.
II is t. be hopd that few OF the recently euhtIel
attorneys VIII be among the ntse 90, tSnt men
fa'lr-s exist and that admttance to the law Is hot
necessarily an opening to sure anu SPECIFY iulure'
The law magazines OF the month are OF more than
ordinary interest. THE Green Bag" has varied
list OF contributions The best perhaps OF the articles
is that by Henry A. CLANCY on Nathan Dane, once
famous but now almost forgotten lawyer and states
man. NJ. CLANCY says Of Dane. "ln his youth lie
had drafted the most famous statute In American
history in his later years he prepared the nrst great
compcnd OF American law. and the crowning act OF
his last DAYS was the endowment OF Harvard pro
fessorshprom which have proceeded most OF the lead
ing treatises In American jurisprudence Judge story
has said that the doing OF these things was glory
enough for one man in age: John Quincy Adams
declared that Liberty and Law were associated III
the judgment dsy with the name OF Nathan Dane, ana
was Of Webster's periods that the authorship OF
the great Northwestern Ordinance would make that
name us immortal II were written on yonder
armament b azing forever between Orion and the
Pieade, Vet as the author shows, his fame within
6fy yeas from hl death had almost entirely faded away
Mr. CLANCY argues convlnengy In favor OF Danes ciam
10 the authorship OF the Northwestern Ordinance
Danes digest long ago superseded but his sh to
Harvard College has been fruitful In benefits 10 men,