New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-12-06


Judges Charles Daniels, william l.. Learned ,nz
Joseph Potter who retire this year because hey s.
| reached the limit of seventy years, have beea con-
tinuously on the supreme Court Pench for tssnt,
years or more Judge Daniels Is the senior IN a.
vice. and aside from his long connection with the ces
eral Term OF this department, his service a spsiI
Term Justice in the Buffalo District and q
an unsuccessful candidate the Republican tess
for Judge Of the Court Of Appeals have made him
prominent Judge Learned has presided at the Al
bany and Saratoga General Terms for fifteen eonss
utive years Judge Potter's long term Of service VA.
marked by the public criticism which followed hs
granting stay OF proceedings in the case Of Jsoob
sharp and his recent connection with the second
Division OF the Court Of Appeals Each OF the Judas
will enjoy for several years an annual pension
$500.
Both divisions Of the Court Of Appeals reasseubk4
on Tuesday and handed down many decisions o.
the judgments affirmed eight ten were In elevated
railroad cases. The reversals Of judgments obnht
in those that IL will not be remarkable
IL the Court OF Appeals at some time grows weary II
hearing the appeals and condemns in vigorous language
the policy Of delay adopted by the roads to discourse
suitors considerable proportion Of the other eass
decided from the First Department and when
the opinions published Of them will Doubtless
be OF considerable interest to lawyers Of this city.
None Of the law papers has as yet adopted the plan Il
promptly publishing complete summary Of the Corrt
Of Appeals decisions, so that the exact points which
the decisions turn not known until the pubhcsuOa
of the opinions in Of the pamphlet series. TIE
opinions then concealed among mass Of opinions
OF other courts and the New York lawyer finds Il hy
no mean" easy to pick ont the cases OF Interest 70
him unit. the official reports appear long after he
decisions are rendered
Morris NJ. Budlong who died last Monday, va
highly esteemed by his fellow members Of the
bar He was not especially prominent in active
litigation but was possessed Of excellent judgment
and his advice was sought in many important sfalr
He was member Of several political and social ora
nlzations, and held prominent positions In some
them. His high character and personal Woftn NeN
appreciated not only by members Of his profession,
but by many who knew him In other than professional
relations
The National Bar Association will hold another
meeting at Washington this week The attempt 70
secure sufficient attendance Of delegates at meeting
announced for last summer was not ehtirey SUE
cessful, but efforts have been made TO make us
coming meeting interesting enough to attract large
attendance Members Of the bar generally rsra
that there should be two bar associations purporns
be national. The od-estsblished American Bar 40
ISOLATION doubtless displeased many progressive young
lawyers by its conservatism, and the National Bar
Association was designed to fill place which the
American Association failed to occupy. The Amer
can Association has, however, remedied some Of 10
former defects. 1t now holds meetings
In various parts of the country, and In
vtes representatives Of local associations 20 attend
its meetings. If the National Association could
unite with the older body the united association wOch
be more fully representative OF the legal profession
the country than any organization has previously been
The meeting Of the National Association VIII oohss
OF two sessions Wednesday, three on Thursday ara
two on Friday. Justice Harlan, Of the supreme Cout
will deliver an address on "Wednesday evening :
dinner Thursday evening viii be rich In lnvpea
guests the President, Justices OF the supreme Coun
and law officers Of the Government have been asked
known members OF the Washington bar will asss. Ia
entertaining the members of the association.
The Yale Law School has at last monthly magazine
representing its interests. Number l Of volume Of
"The Yale Law Journal has appeared and
credtable publication. "The Harvard Law Review
has some kind words of welcome for the magazine
The most Interesting article In The Yale Law Jourua
Is an able argument by William E. Simonds, the Untea
States Commissioner Of Patents, In support OF me
natural right of property In intellectual productions
He believes that 4" no can be seen why, IN AZ
American State which has adopted the whole BODY |"
the common law, the exclusive right called coWne
is not to-day in force, Independently CT existing SsS
ues7 His opinion, while supported By strong Teis~
ing, Is probably not held by most American lawyers
and it is opposed to opinions expressed by the unea
states Supreme Court. although the exact point "s
not involved in the decision. Commissioner Snionus
attempts that which few writers have succeSsiny
made, statement Of the radical differences oe'"es
the original writings of author and an in'en~1
in the useful arts Copyright he says, gives w
exclusive possession Of the authors ideas; II Is o"s
the form Of expression in which tire author clothes NJ
ideas that is protected by copyright one may "
long reading and study become possessed of thoru'
knowledge of every principle and fact stated ~ -
eminent author-Darwin, for inStance-and II DC "'"
them out in an original dress he nfInges no c0y
right belonging to Darwin his representatives. Nv
two men ever originate the same forms Oh O.
preston, to any considerable extent, wherefore ~
such difficulty about the allowance "a .ns 40
ercise Of the natural right can ever az
has arisen already with reference to inventors IN
ntion Ia machine Tor instance covers not only @
precise mechanism In which the inventor emyr.
the principle of his improvement but u a tSSreot i
otherwise a patent would give nothing IN t.e oysr,
blance Of protection In other words patent Sr'
Commissioner simonds says that Of the 4o0 10000
PHI, aUons for patents last year. $1,000 were se NOT
new although original with the persons VINO ,, n exists
applications. Evidently such pOSSlDIn = ,he1
OF duplicating the forms in which Writers eNpe''
IDEAS
"The Harvard Law Review" for November coh'"
an unusually able and thoughtful article rom 'ne a.
Of law student Ezra b. Thayer. Of last year ~,
atlng class at the Harvard Law school Is tn' Ia.
Of the essay which bears the title "Jude'"i ,,sn,
ton; Its Legitimate Function in the De'o" 4p ooy
OF the Common Law" lie recognizes Us NV ~.
Inevitable but on the whole. Ssln'af', 90
establishing or changing Of legal doctrines "
decisions of the courts There has been rueh ,os
OF "jhdge- made law but the author points ou ,s
Necessary 1t Is that the courts should pact. "a
isate for the people In some Instances. h" ns enc
depends upon precedents and prneipNs' 81 .,.,lar
efforts of the judges TO make the facts OF any "a
case at In with some established principle nsv an
suited In making law more unforin' an go ,,ss
Judicial Evolution IN The Albany Law J9 akes place
speaks approVlngly OF the growth Whl sm Tie
under the system OF judicial lnterpretao"a, rts Sat-
question OF codihcation has, rs Mr. Thayer xt stl
nothing 10 do with the matter, for the courts their
application 10 particular fncts. The ise. Iy uere
writer's aIe less likely than they aSres should
10 EXPRESS fear lest the power OF tle lues, 90
lead 70 false interpretation Of the law .a.,aion.