New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-08-23
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS.


formed the association met in response 10 cali signed
by William NJ. Evarts Benjamin II. Bristow STANLEY
Matthews, +. J. Phelps, Lyman Trumbull John K
Porter Richard ID. Hubbard, J. Randolph Tucker and
others, representing dozen States. Delegates from
about twenty States present at Saratoga In re.
Spouse to the CALL and between 200 and 800 lawyers
who were known TO be in favor OF the formation OF
such association were elected to membership "a.
ward Otis HnckIcy, Of Baltimore, the first seer.
tary and continues 10 hold that Office. James O.
Broadhead, of st. Louis, the first president ana
several Of the most eminent lawyers Of the country
fave In turn presided for a year. The meeting this
year will be Of especial interest, and full representa-
ton OF the members Of the bar and OF delegates from
local bar associations will undoubtedly be secured.
One cause for congratulation which the members Il
the American Bar Association have as they meet this
wear is that the reform In the Federal Courts which the
association has urged for many years Is at length &C.
compished peculiar fact In relation 10 this reform
ia that IL was brought about largely through the efforts
of one who opposed at the early meetings Of the
socation the method Of cxpeditng the trial Of causes
which was finally adopted by his influence. Nearly
ten wears ago the Bar Association took action on the
matter Then as always. there a difference Of
opinion between those who believed that the best
~ relieving an overcrowded appellate court was By
dividing the highest tribunal into separate "quorums,'
n, divisions so that small number Of judges might
act on each case and those who thought that the best
form OF relief was the formation OF intermediate appel
late courts which should perform much OF the
work before allotted to the highest court William NJ.
Evarts was member Of the committee OF the American
Bar Association which considered ten years ago plan
Of relieving the delays in the final decisions OF cases
I'm the United states courts. The majority OF tho COM
nlttee favored the plan then proposed IN congress oy
Senator David Davis for intermediate appellate courts
bv the appointment of additional circuit JUDGES sud-
stantialv as In The Eyarts act OF last year. MI
Evsrts however did not agree with the majority OF tho
committee and signed and mainly advocated
mrori,v rerort favorng the division of the court into
several sections for the hearing Of all causes except
few involving jurs dctiOnal or constitutional quesuOhs'
Mr. Evarts who ably supported Il. }. Phelps' ue
leader of the minority said In one oil his speechs'
But now for the first time there IS proposed de-
parture from the schemes of the trainers OF the gov
eminent and the nterpostion of another conrt thatn
70 no sunreme and final in a great mass of the htSa-
ton of th, people" He went on to argue that suche
pan was opposed the constitutional requirements Oh
/ one Supreme Cont and viewed as dangerous ana
alarming the separation of the states INT" groups en
having "a separate administration OF justice sepdde
ideas and views, separate policies of the law" us
speech was fsryld and eloquent, but the as'ocauoa
adopted the views q the majority IN favor Oh inter-
mediate appellate courts Either Mr.. Evarts felt COM
pelcd TO carry ont the views OF the members o mo
association or further reflection changed MS O"h
opinions for the last congress ne was inc aoie a.a
successful advocate Of the plan which ne sFonV
opposed nine years before while Senator Edmunos Wa
the leader of those who favored the other plan OF ~
lcvinC the supreme Court of its overburcena
calendars.
A perIsal of the names OF those VINO repreSehpA
various States in the meeting OF tile Lar Association
of thirteen years AGO shows how forcby New lOTk CJ
attracts great lawyers from other parts OF the country
BENJAMIN IL. BristOw, the president OF the CONFERENCE
was then a citizen Of Kentucky; now he IS al ITO
head Of prominent law firm in this city. Ueorge
Hoadly was one OF the most prominent members from
Ohio: now he also is the leading member OF great
New-York law firm Edgar VI. johnson, then Of
Ohio is now of New-lOrk, Calvin ). Brce has .
divided alleciance, u. Dwight Collier was then Oh
Missouri and many lawyers whose names did not
then appear among the members of the association
have moved from their old homes to New-fork CITY EN
Judge Dillon of ohio Robert G. ngerso ofWashingoni
Daniel Dougherty, of Philadelphia; John s. WISE OF
Virginia; d. H. Chamberlain Of south Carolina ana
many Others have found after experience elsewhere
that New York is the best place in which To prcuSs
law The reason for the movement OF lawyers to"~u
the metropolis undoubtedly is that the great iallroNa
and other corporations, in whatever section OF mo
county they may carry on their operations ma 40
necessary to have their financial interests largely
attended to al the great commercial centre. Most or
the great lawyers derive large part Of their income
from corporations and find il profitable TO be near the
financial market OF the United States. some % us
less prominent lawyers who nave LETT ther ou
homes may not have benefited by the change ous
the great majority of those best equipped FOR the sue
cessful prosecution Of their profession ind here The
best reward for their labOrs.
In spite Of the fact that many corporation lawyers
find their way to the bench the decisions Of the courts
keep the railroad and other corporations to strico
responsibility for the acts of their employees 1ho
General Term Of the Supreme Court in the second DO
partment for instance, held recently that railway
company was responsible for the act OF a ueAc'
agent in causing the arrest of passenger under 'hese
circumsta ices: The passenger bought ucKet pay
ing for it with a SIS bill and receiving the chanse'
After he had passed to the platform, the conductor
came to the conclusion that the bill was countefes
and ran after him and charged him with attempt
ing TO defraud him. The ticket agent hhaIly pro-
cured the arrest Of the passenger Dut IL was SHOWN
that the bill was good one ana he was dlscharged
The passenger the company and the General Term
held that the ticket agent was acting In the line OK
his supposed duty to the company, aud the company
must nay the amount recovered 10 damages. \ Utah
decision lust reported, holds telegraph company
responsible for the negligence OF operator, who re-
ceved for Transmission this message: ITO George H.
stover, Eagle Rock Idaho will give thousand
cash. bail six months. Answer The letters BALI
probably balance, but OF the operators
through whose hands the message went Was not
satisfied with such Interpretation and the mes.
sage, delivered, read Il will give one hundred
cases. bale. six months. Answer" The message
had been sent in reference TO some real estate out
the negotiations fell through after tho mysterious tee
gram had been received. suit was brought against
the telegraph company for damages and verdid
against it upheld. in spite Of the fact that the
telegraph blank on which the message writ
ten declared that the company was not responsible
for the accuracy Of unepeated messages.
The August number of The Green Bag" confines
the interesting series Of articles on the highest
courts Of the various States by tho first part Of sketch
Of the supreme Court OF NewJersey II /, illnsIated
by portrait OF Richard stockton John Whitehead
tue author Of the article gives interesting descnp
ton of the NewJersey tribunals OF colonial days. me
series Of which the article is part interrupted N
the July number by tbs substitution of bright ske;cn
of the "goden days. OF the Maryland bar In II are