The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-08-14
VOTES OF LEGAL PRoeREsA


The appeal from the decision OF Mr.. Justice
Rumsey In tho Rochester respportionmsnt
case will be heard In tho first Instance By the
General Term OF the supreme Court for the
Fifth Judicial Department. This department
comprises the Seventh and Eighth judicial
districts. and Includes the entire portion OF
the State west OF Cayuga, Seneca, Yates, and
Steuben counties inclusive. All the Judges OF
the Supreme Court In these two districts are
Republicans. except George B. Bradley Of
Corning. who 10 now acting as q member OF
the second division OF the Court OF Appeals
under an appointment from the Governor.
but who will resume his duties a. q
Supreme Court Justice In October. The
Presiding Justice OF tho General Term
is Charles G. Dwight Of Auburn. and the
Associate Justices are Francis A. Macon sr OF
Rochester and Joran L. Lewis Of Buffalo.
Judge Macomber has often held court In this
city as q member for the time being OF the
General Term here. and Is we'll known and
much liked by the New York Bar. Judge Lewis
has also held Special Terms In this city.
The question whether q man under twenty
one years Of ago could lawfully withhold his
wages from his father and use them for the
support OF his wife recently came before the
Supreme Judicial Court OF Massachusetts,.
1h0 sou hdu WlIioul th0 Coue0ut VI
his father. Both the father and the wife
claimed to be In actual need Of tho young
mans wages for their support The Law
Is well settled that where q minor son
marries with tho consent OF his father,
that consent emancipates tho son and Der.
mits him to apply his wages to the support q
his vito. but 1t was argued that such mar
rage without tho consent OF the father did NOT
have the same effect. The Massachusetts, Bu.
preme Court. however. entertained . different
opinion on this point and declared that An In.
FAINT husband Is entitled to his own wages SO far
IS they are necessary for his own support and
that Of his wife and children. even II no mar
ries without his fathers consent Tho Court
also intimated. but did not decide, that in
such cases the husband would be entitled to
all his earnings. even II more than sulYioient
for tho support Of himself and his family.
Any person who has had occasion critically
to examine tho law reports OF tho several
States as they are published will be surprised.
We think. ut tho harmony and uniformity In
tho rulings Of the courts rather than at the
diversity Of the Vows judicially expressed.
Tho certainty OF the law as administered In
forty -four different States under forty.four
different judicial systems Is much more ro-
msrkable than the uncertainty. But oonsid.
erahle diversity OF opinion Is undoubtedly
sometimes developed. Thus VS. ind In the
Juno number Of tho American Digest upon
tho same page. references to two decisions.
ono In Georgia and another In Missouri.
which It Is rather difficult 10 reconcile with
one another. In tho Georgia case. which
was a criminal prosecution. the counsel
for the State in his argument to the
Jury told them that they knew the defendant
as well as he did. and that ono Of the de-
a. l.. 49, .
from stem to storm" This freedom Of Ian
suage was held not to DO sufficient ground for
. now trial. In tho Missouri case now trial
was granted because tho prosecuting attor-
ney told the jury the defendant was " . sugar.
loafed. sQuirrel-headed Dutchman."
Tho Texas Court OF Appeals has recently
decided that room assigned to . guest In
hotel Is not public place. and therefore that
1t is not q crime against the laws Of that State
for q person to be Intoxicated In such Q room.
inasmuch as the statute Is only designed 70
punish drunkenness In public places
A conveyance Of land executed By woman
was recently attacked In the courts Of Iowa On
the ground that tho lady who signed the deed
was suffering under mental incapacity 1t the
time Of its execution. and as evidence OF such
incapacity 1t was proved that she believed In
what are called spiritual manifestations and
insisted that BY means OF these manifestat tons
she carried on communication with her dc.
ceased friends in tho spirit world. The Su-
preme Court OF Iowa has held very sensibly
that this evidence did not necessarily show
that tho believer in spiritualism was incompe-
tent to convey away her land. Her spiritual
istio notions might be considered In connec-
ton with the other facts aud circumstances OF
tho case as bearing upon her mental condi-
ton. but of themselves they did not constitute
. sufficient basis for declaring her incapable
Of making deed. There have been Judges Of
recognized ability who were well-known be-
levers In spiritualism: as. for example. the
late John W. Edmonds. whose judicial capaoi-
ty was never questioned on that account
A curious libel suit has lately boon decided
In Vermont growing out OF letter addressed
to woman. When tho letter came to the Post
Onlce she was there with her husband. She
opened the letter herself. and she and her hus.
band read 1t together. The contents were do.
famatory. and the recipient OF tho lettsY
brought Q suit for libel against the sender.
The defence was that the contents OF the let.
ter wore made public by the act Of the plain.
tiff hersef in showing the letter to her hus.
band or allowing him to read 1t. and. henoo a.
tho publication was her own act she was NOT
entitled to recover. This view has been sus.
tainsd By the Supreme Court Of the State.