New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-04-17
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AhON"

Judce John X Porter Mr. Porter had practically re-
tired from the practice Of his profession se'eral se'
ago When he the height of his fame le" ''c"
York LAWYERS we're regarded his equals III proie'
sional skin His later achievements In the Beecher
and Gutcau trials are well known. but his carrier SUI
ut the Court Of Appeals bar, over thirN ~
ago. and less familiar. The number OF lawyers ""o
pracsed at that court thirty forty years ago WAS
small, aud. a rule. special counsel were ehsas ~
argue the appeals. Nctolas IIill. who was then MI
porter,s law mariner was almost entirely occupied IN
practice In that court for several years before MS
death I'm 1859 II Is said by one OF MI. lihls
biographers that at the sessions OF the Court OF Appes
he was constantly In his seat al 'he par, cor,i ~
nearly three fOurtls OF the cases on thc cacnuai -
hi, great practice in the highest state court Mr. Porter
succeeded and it was In that pcoa Ol ms d i ~d'
yof his greatest legal arguments were ucHNc.su'
Ills Augment on the appeal IN tne case nyoIying lie
con,titutIonality OF the legal tender acts Is considered
one Of the best example, OF hiS abihty at cose t
original reasoning Pew an, tho at. are mrr gG ece
stry Implied in provisions OF the Federal CONSTITUTION.
81 n different order Of eloquencc-fcrvld and mras-
stoned at times, though never WITHOUT c"relui fe"So
Ing
Mr. porters death recalls the contests In the courts
Of the legal giants Of the lat geneGaton' OF WHOM
few now survive. Charles O'Conor, james l. briuS'
Nicholas Ill., Peter Casgar, and many WHOSE ""'',o
are now less familiar than these were cns"eou ~
the noted ltlqatlons Of the day. Albany, rather hai
ye,vyorl, was the favonte rc.idence of the carrier
lnwyers having appellate business. Many OF the us
tinguished advocates had been clerks IN rnerc'n'o
hou.e. farmers or mechanics In earlier me- ana won
thor way to prominence only by persistent o'oi''
seven wears clcrltshp in Il law once WIS Ho''''
for admission to the bar. Victory In one important
criminal trial was enough to attract coiilu't"''0
nunl..r Of clients single speech might hldAc "
I,wvcr famous The conditions have now chi"seu
A large proportion Of the younger hcloci' VI w
who win distinction are the relatives Vi h'"'
largo practice or are ass. ted at inc p-s''"'s -
,b,r c,r,cr bv friends interested in large corporations
Almost all have Teen trained Ia Jaw ST. 400 and
a. o.t"hushed from twenty To- nfy years ~, ,,
lu which the .ons ncphc"o 81 tnc VI stior nG the
nlc !u G,'rI. ic,,l work. The law business vi EteG
estate. +, largely In the hands Oh ny TrL LAWYERS
hrm The family nam 81 b id of the state. u
,n n'I.fs Of thc Bar Association eAlhlru az ' 1,
MAYNARD Inquiry iI Connected by descent or marriage
' nT,minrTt mrist Of the last generation VIZ, h
law schools open At all hou's ronc pra,er To become
accessibility Of law book, II T. nun lIer venr, of
good lawyer than II wa III 'n' ,r cnoi lawyer
the century but 1t l. more dllhcuu ioI elooucnt
,n win reputation and obtain PIhc're' -n NJ AN
"nncaI n ,khll cru~s-cXumlnaton or sIoec' a. hut
imporiant crminn trial may be talked OIL ,Gr cients
- nov Of little real benefit In atrac,ns , trnin
IyGgc Porter wa. lawyer Of culture ana iols "ri hn
inr hit some Of hi, ~ oclatcs were W ,iverents
ros. to aulck prominence from sihs1. Xey,yorl;
Iucb ~ wwouM secure little advantage to Ne"'io'
lawyer of the present DAY
1870, nall ,,o,ro nrnre in the courts Will be
Another
,d oy,nc 70 the death Of John H. stralan' VINO WIS
on~occd IN much litigation FOR or AGAINST inc Guy
NJ etr,han had the scotch temperament ana WIS !"
hard lighter I'm any legal contest IN "hich "o '"-"
uc VA, counsel for the Committee OF SeVchN W..
v.ors ago. and In that way oDtAh'u INC -, ,
knowledge which I'D him into municipal nsu ,r COM
% nj, most bitter suutse' " ~, evptninntion before
,ni.sinn.r Kol VI. squire. on his eAhi ~ ~ D,rnrs
>, ,n'm and lnvc,tivc IN speaking OF the Nialpr
and 90 trfeu" Miller WHO was one vi wv ~, 80
',.. A, ono point 81 the cas-" he snt back III ~
'yunscl, =, ,hurnh IN The arInhoe Of his vest AMI
with mn ANNOYING smile dnred the INV" t ~ Len ali
ns', cocrry and he WI, relentless ana uhtirns
opponent IN any hue'u""
Tho report Of Corporation Counsel Clark Tor ,ne
oa. ,-oi hns iu,. been made public. ana II SHOWS
,,,,, mn important department Of the municipal bus'
rcs. tho Office has become There Is dls'hct proH'''
,onnrd tho clearing mp Of old cases. rs the hunoc' VI
octlous terminated within the year was over "oo o'o
than the number begun in the same period VI 'l'
c.es tried I'm which the city was party over hVe'
.,,,h. vcr. decided I'm favor Of the city, Twothirda
-, the ,,oeols tnkcn we're also successful. over f5O)'
900 wa, collected Tor tie city, In addition 10 over
sIa5Oao obtained through bu aus ,uiwlu,ats ~ ,ho
Corporation Council me u'p ' i',', ,o "itG,ngh
changes I'm the stan within i"W YEAR, NV h,.
come II the cxpcncncci assistants 9tnGr Wnp nv
t,Lnu fhrlr places however. ATE faithful pubic N'I
wants and while Mr. Dean and some OF the o'nef VII
known assistants remain IN once 'Hg nS,,a ~ uo"
Dg' iitc n nnd for the aQucduct largely
completed in pevou, years bnt the T.Sr" :, tecn
The CORPORATION Counsel and his assistants iuN oC
cupied.
The death OF william smith. who had been the crier
IN the United Circuit Court for several wears
recalls the famous family Of heeics the last OF whom
was Mr. smiths predecessor. For IaiGc part oi "
century there was always kccfe acting rs crier III
ono or the other ~ the United states Courts. When
"A DrOtnrr 10
succeed him. some of them were distinguished look
Ing men and their face, and voices were familiar 10
LAWYERS Of former generations. The last Oh inc
Keefes was retired few years ago. but sun oc
casionaly visit, the United states Courthouse. Crcr
smith had been for many year, attached to the 'erhs
office OF the Circuit Court and Ind reputation among
lawyers years age FOR his ability 10 serve SUP
poenns on rich men who were not usually a'ceosDle
10 tho.e who had court papers which they wished to
give them I'm person. He had persuasive manner
and could succeed In getting by Office bows ana cIerKs
into the Interior olcc Of railway officials and brokers
where others failed. Mr. smith was mthrni oiho"
In his sphere OF duN'
The Court Of Appeals last week restored two more
policemen 10 places from which they had been re-
moved By the Commls and there has been In
consequence complaint against the freedom with which
the courts set aside the decisions arrived ut by tho
heads Of variou, departments TO the capacity OF
their employees Officers belonging to such Important
branches of the public service the police and lire
departments ought Of course to DC protected against
any Injustice Of their supei1orS III mark III Is uue
however that the Commissioners are often able 10
decide that man j. UNFIT for service IN the depart
ment. without bcine able TO prove concuslycy that no
has been guilty Of any one act sfclentIV grave 10
warrant dismissal 4 succession Of suspicious facts,
the dcncan0r Of the officer himself when accused. and
various circumstance, which cnnnOt be made u part
of any printed record against him may lead the Com
mssioncrs believe that the uSculncs cf the officer
is at an end. IL !, difficult sometimes T. OBTAIN full
LEGAL evidence support charges Of when there Is
Mi c reason doubt the truth. The courts. however
arc holding the heads Of departments 10 the striccSt
accountability and there is danger that they NAV
hamper too much the officials who anxious to
preserve the high character OF the force which they
control.
The decision Of the New York Court OF Appeals In
the Onondaga County election case has been severely
criticised by the supreme Court Of Nebraska In case
arising under the ballot law II that state majority
OF the New York judges dsfranchised the voters OF
precinct who cast ballots Endorsed for another election
district and sent by mistake to the wrong polling
cnm.nrLllu. nhInL I'M.