New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-08-16
FROM BENCH AND Bah.
GATHERED FROM LAWYERS AND AhoNo
TIE COURTS.

will have interest for the elder members Oh 'io ho
Ills term Of service ended twenty years "eo ,,e+er
was chiefly known recently In educatioiai ~" a. t,yo
profcss onal life. He served in the Legislature ,oaI
terms and was active in legislation reia'ins 7" ~
matters His dispute with the members Vi 'no 80
,.trre in 1870 over the arrest Of AssemblyInah o'
paw of Ontario created some sensation NJ 'io I'M
The Committee OH Grievances of the Assehio" -
gatod the matter and examined Juuge ro''o' "
witnesses. Judge Potter testified that while ne was
holding a Court Of oyer and Terminer al oafa'oea
DstrlctAtorney French Informed him that the "ralu
Jury was waiting to hear the testimony Oh i"oiiO
NJ the LEGISLATURE and asked whether his attendance
could not be enforced The Judge was busy IN Trying
a case but gave of-hand opinion that iheinOo -
the LEGISLATURE liable 10 arrest on an attacne
lie intended to examine the matter further Du' gu
application for an attachment was made wlthOu' ms
attention having been again called to the fact uV ~
was for member of the Legislature, and the appca
ZION was granted Assembyman Ray was alrcS'eu
and taken 10 Saratoga and he testified before the Orau
Jnry lie was then discharged but the Assembly, WIS
aroused James ". iIusted, Thomas IT, AiVoru'
| Dc Witt c. Littlcjohn, John c. Jacobs ana henry o.
Cullen jr were among the members OF the comintee
who examined and sharply Questioned Jggge e pScf
who made Che arrest The committee unaniinou t
sgss Of t e t Assemby and Chairman Offered
resolutions Of censure Judge Potter "1 10 af he
| House and their excuses received. The ASsemoN
nassed resolutions that the Judge and DistrctAtorhey
teet no censnre was Judge
Potter continued to think that he was leeaIs ooie'
| In his action.
The limit OF age fixed by many State laws some
times cuts short the term of judges VINO are capaoc
Of doing good service 10 the public, and 1t IS among inc
Federal Judges who are not required TO leave the oenc
although They may do when they attain seventy
years. that the longest terms of continuous service arc
noted Judge Ogden Hoffman, of the United states DIS
trct Court of California had completed his forteth year
of service when his career brought to an end re-
Gently. lie appointed before he was tprOS
years old, so that the retirement law would not nave
affected him it would many Others who nave serVen
for long terms Justices Marshall and Story served
for thirty four years. ChlefJusHcc Marshall was
eighty years old when his judicial career ehdeo WIN
his life, and Judge Story who was appointed 10 the
Supreme Court bench at an early age, was sxty-fVe
years old at his death Two Of the United states supreme
Court Justices might retire II they chose, but thsr
mental capacity was never greater than IL now Is
some of the English judges are over seventy years ola,
though most Of the judges Of the highest courtf nave
been appointed within the last thirty yearSS judge
Hoffman wa re9tcd to the WHEm0TGh member
of the New York bar for many years. Judge non
mans judicial service had been honorable ana 50 sue
district Judge although the District Court OF New YORK
transacs important and extensive business III
the disposition OF cases than any otler uSIot 'oui
The plan Of having an American law office in Eng
land which Robert Sewe Of this city has adopted VIII
probably successful If 1t Is continued long enough 10
make its advantages generally known TO Americans
travelling in Europe. Many American law firms, OF
course have close connection with London Offices SO
that English investors In American properly have thelr
interests here well protected by capable NewforR ieeal
advisors American lawyers are frequently well reau
in current English law, but English lawyers rarely
keep well informed on American law. One reason may
be that American reports are numerous ana the
/ 4Jaf4 Tho ling of
rent American decisions would leave little time for
more important law study. The United States Supreme
Court and some Of the New York Court Of Appeals de-
cisions are read but the body Of American judicial
| literature is almost unknown across the ocean. Mr.
Sewels plan is to have library of American statutes
and decisions that American business men travelling
abroad can have Information as to American law on
| questions which may arise when they are far from
| home Much American law, 1t must be inferred, has
little international Importance but traveller from
any one OF the states may at some time be in imme
dIate need Of legal advice about his business aHalrS
the convenience Of having ready access TO the laws and
decisions of his own State will be greatly appreciated
One reason for the fact that English law reports
better known on this side of the Atlantic than American
reports are in England is that the English system Of
| reporting though open TO many criticisms especially
! the head noting" is conducted more sensible
system than that In in most Of the States. The
United States Supreme Court reports now pub
lished in an exceptionally convenient FORM but most
other official reports delayed long that their use
fitness is greatly essened The unofficial reports
consulted constantly, because official reports are I'M
obtanabe for long time after the decisions are rem
dered In some States several months often pass be-
fore the decisions be read In the official reports.
J. Newton Fiero, of Albany has prepared paper
which has been published in the volume with the re-
port of the last meeting Of the NewYork state Bar
Association, containing valuable suggestions TO
porting. He gives credit to the reporter Of the Court
| ~ and he
calls attention 10 the unsatisfactory condition Of other
| reporting The present delays have called into ex-
isence nine sets Of current decisions OF the courts of
this STATE making an Of thirty volumes year
Mr. Fiero suggests a difficulty in the way Of more
rapid reporting that an official reporter cannot prepare
the necessary syllabus and statement for each opinion
with the rapldity with which unofficial reporters per
form the work 1t is doubtful, however, whether the
excuse Is sufficient Reporter Davis. Of the United
states Supreme Court, TO prepare his period
cal issues of reports promptly and satisfactorily II
the reports OF the higher state courts could be pub
llshed in monthly pamphlets or even frequently
by the official reporters many Of the unofficial reports
| would b. superseded The official reporters would
NOT be compelled TO do any additional labor but would
and II necessary 10 perform their work Immediately
upon the rendering Of the decisions and to publish the
| opinions rapidly as the reporting can be accom-
| plshcd
| The editor OF "The NewYort Law Journal has
written pleasant article on Vacation in the Eighth
story the truth of which will be appreciated by those
lawyers who are detained In town through the heated
term of August Whatever may be the suerngs caused
by riding In crowded walking over the heated
pnvemcnts the lawyer who has an Office In Of the
| lofty buildings near the City Hall, In Broadway
| Nassau st.. or WaLst Is of finding a welcome
GOODNESS In his Office. Tho offices are usually so
that rooms may be opened on cool Railways
and breezes noticeable nowhere else modify the TEN
| perature. Even the suburban homes which many
lawyers seek in the evening hours are less cool and II
the truth must be told less quietly restul than many
| of the law Offices In high city buildings.
The approaching meeting of the American Bar As
ISOLATION Boston is TO have an unusual feature In
the awarding Of q sort OF diploma Of superiority to
| Americas greatest law reformer. The of the
reformer Will not be made public until the meeting Of
the Association but there be little doubt that The
/ tLc