New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-10-09
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS

Of all the dIgned appellate courts which hold the ses
sions In this city and Albany The gowncd Judges u
the United States Circuit Court 81 Appears s'''
number Of important decisions some OF when were
unexpccted The afrmance Of Judge Wallaces de-
csion in favor OF Edison In electric heh' case was
anticipated, but in two or toIee other cases '''
we're reversals although the original opinion n'u
been by OF the able judges OF the CiFeu CUT iOuis
since The decision of the court became maj III -
large number Of cases. It's dignity and Importance
have been more rIS appreciated. and there Is nov
much less difference in rank between me Juuse . Ua
the United states supreme Court and thosc ot h h
Circuit Court of Appeals than formerly existed rha
tween the Circuit and supreme OJuIi !uatcs' ~
second Division of the Court of Appeals haVhS mai,
its abor interest at Abany ceh"e ca The ~ ARGUMENT
Of the app0rtonmcnt cases
Attorney General Rosendale and his former oppo-
nent at the polls. Mr.. Sutherland carefully weh' o'r'
the arguments for and against the RcapporohnehI oi
but there little that was novel developer eAo'P'
as new decisions in North Carolina and WISCONSIN, e'
additional weight 10 the side opposed to the cohsu
uouaIity OF the apportionment The opinions dclVerN
nv the varIous Judges at the General Ferns 1orhiN
the strongest basis for arguments on either side.
There has been in the Western and Southern Sto'9' "
which apportOnmcnt cases have been consioereu'
strong tendency In the courts hold Legislatures 10
strict performance OF their duties in dvidH" ieglsNo
districts Constitutional provisions scarcely differing
from those OF New-York have almost universally "oh
construed AS demanding strict equality IN the dVi-
sion of districts. and Il the saric course IS pursued
everywhere the appointments will soon become mat
tiers OF arithmetic rather than OF pollucs i'c
Albany Law Journal notes that IN ' ans T aid
three held It invalid, and one expressed no op' ,
The Democratic judges thus far are IN FAVOR VI 5e
act and the Republican judges, with one eXcepuo,h.
are against 1t. The Editor of "The Law Journal:
who has good opportunity TO- o6serv@ the t ne nra
dicton that the final decision will be pronounced by
majority consisting Of one 1dss OF all Mno c aSt
Of Appeals decision will not be on strictly parry nes,
whichever way the dseCn y no have He passed on
similar acts have united without distinction ol par!
N their judgments nnam nj ons TP' Which party
lines were not observed would do much 10 strenssn
the respect OF lawyers for the importantly anu HIT
ness Of the judiciary
Questions relating elections have usually In o'her
wears arisen chiefly after Election Day, but THIS year
several such cases are before the courts at time
when a speedy decision will be necessary 10 enable
the political parties to complete their ucKe's' INC
BALLOT law Is attacked in Indiana. and decision au
verso 10 its validity may be rendered Just aDou'
Election Day. The Miner Congressional law oil Hhohl-
gan will GO for construction before he supreme SVr'
St IFS session this week. The Wisconsin appoTfoh
ment has Just been set aside ana IL VIII oe M
defects The New- York apportonnent cases are 10
be decided da4geroIy near h tue n o OF hS ap
proaching election it's unfortunate that some 0 tes
eases could yo have been begun AZ an ealer ua' az
that the voters would not hc left In perpi'Nly as
10 The manner or place OF voting until few DAYS
before thef cast their ballots
The State Bar Association has finally TAKEN up
the complaints of the delay in obtaining the Noi"e
OF tho sessions laws. This apparently caseiess ue
Law has been again and again denounced IN 'iH
column A committee consisting Of j. Newton nero
Charles J. Buchanan and II. y. Parmcnter was ap-
pointed by the executive committee OF the oV'e
Association at recent meeting to ascertain IL po9
s,be tie cause of the delay in the official puDlcaoh
of the laws. The only announcement thus lar "auo
OF the result of the inquiry is that the commute"
thought tho trouble owing rather 10 INC
system under which the laws are published thah
To any delay on the part Of person connected Win
the publication. Perhaps the members OF the cohl-
mittee cid not like TO find fault with the state omcia'
hut the truth seems to be that the decay Is cauSeu
bv some one connected with the office OF the Secre-
tary Of State The laws are put in type, ana shpS
printed within a few days after they are signed by
the Governor and the Secretary of state has only TO
prepare proper index and TO compare inc
printed slips with the original laws on fe III IS SAID
that there is only deputy detailed TO do tie WORK.
but no reason is assigned why two more should nor
he assigned 1t Is also said that the enforcement OK
the Quarantine laws called away for time the one
individual who is allowed to do anything about pre-
pairing the laws for publication as the Governor ae
sOme concealed reason probably exists, such as the
obtaining Of extra fees for en- copies OF SPECIAL
Of important laws, or, perhaps THIS year lear OF
incnGg sx the as ne ass o extra G sessions u ar
LEST some argument should be based such pro
oeedng against the VALIDITY OF the essen n %
the Census bill. Whatever the reason may be; no
excuse approaching adequate one has yet been
given for a delay Of five months after the laws are
complete and largely in type before they are printed
and bound.
The star Bar Association is also taking measures to
provide for a uniform system Of examination for adj
mission to the Ear. such examinations in England
and other countries largely under the control oi
associations OF members of the Bar In this state The
Judges OF each judicial department appoint their own
examiners, and ii is well known 10 law students that
admission is much easier in some departments than In
Others. The State Ear Association has under con
sideration plan suggested by the secretary of the
Board Of Regents for the preparation OF questions by
single Board and the cXanlnation OF applicants rom
these question papers under the supervision r OF al,
OF the to be taken ior securing uniformity
in admission to the Bar ana dws "b nor macr ,' ds
cussed at the next annual meeting OF The STATE As
ISOLATION In January
method of ascerainng when witness IS com
hitting perjury is greatly needed by practitioners.
A hint toward the scientific treatment OF testimony
80 as TO obtain knowledge OF its value is given
In q recently published statement OF conversation
1etween three Kentucky judges. They all agreed
10 a statement that a person who yawns while on
the witness stand IS committing perjury Another
r,,le sometimes given is that witness who repeats
the lawyers question before answering 1t Is presn-
ably lying. "A Judge recently le"diuV" "''..''
who had answered all his counscl's questions ehpy'
hnt repeated carefully every question OF the cross
examination before answering 1t: Don't repeat
Inc Questions or the jury may come 10 Inc con.
iciusion that YOU making up your answers
DO NOT saw they would be justified IN doing So bnt
Won should remember that there Is Snch houoh
.nrevalentn The hesitation of witness and any
dovce In gain time before answering are frequently
assiancd as reasons for believing that witness Is
not telling the truth. An overglib witness Is, how,
ever also suspected and all rules thus Tar assigned
hive exceptions The science OF weighing human
fur from
,rho hcIeves witness Is committing perjury can
only pursue the old methods OF examination IN inc
hope that some slip Of the witnesses memory may
betray him.
The question of code or no code' has happiiy not
Hoo, rormv debated I'm this state recently but some
...a c.,..l.orn Stafc MOI ON