New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-02-07
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS.

The decision OF the United states supreme Court IN
the Nebraska GoveIuOrship case was something oil a
surprise TO MANY lawyers WHO had cAail"e" ''c
opinions Of the Judges Of the supreme Court OF
Nebraska delivered last May in the same case Tile
majority opinion in the state supreme Court was Il
strong presentation OF The facts tending 10 sho" THAT
James f. Boyd was citizen Of the United states.
lie came 10 this country when he was about Ten years
Old with his father. who lives in Ohio. ana VINO, IN
1919 declared his intention 10 become citizen James
H. Boyd then about fourteen years 0d Inc
elder Boyd thought that he was naluralized about
the 1854. but was never able to find the record
OF his naturalization. although lie voted Tor over
forty years, and held the offices OF Justice OF the
Peace and City Welghmaster. James +. Boyd, be
lieving that his father citizen voted from the
time he twenty years old, and after moving
to the Territory OF Nebraska held the Office Of County
Clerk, Il member Of the House Of Representatives,,
aud served in the army for year or two. Atter
Nebraska became n STATE Mr.. BOYD was member OF
the Constitutional Convention PRECEDENT OF Tie Cly
Council and twice Mayor OF Omaha. and IN The clec-
ton Of 1890 received the Democratic candidate
plurality Of votes for Governor. When the regstEi
ton law in Ohio went into effect. Governor Boyis
father. not being able to lind record OF his naturaliza-
ton. obtained new citizenship papers. Governor
Boyd. after the erection Loco, declared his intention
become u citizen and the time obtain full
NATURALIZATION papers Ills tended to sIehsIheh We
belief that he WIS not a citizen AT the time OF ,he
election Th- proof u the elder IIOyds natuTniza-
ton In his sons minority considered a, ehtiey
insufficient by the state supreme Court. and the princl
~ Ia whether he became citizen under the acts pro
vding for the admission Of the state OF Nebraska mo
the Mon. The act Of 1o64 authorized " the in
abtants' Of Nebraska TO form Constitution anu IN
words the people of Nebraska were us,d. ana
main question seemed 10 be IL e. whether the people
rcrrrd to includcd al the inhabitants of the Iiae.
several decisions opposed 10 tins view, and me
state, generally have acted on The theory that IN
aLiants who were not citizens before the adnisnlJh
fl. MI ttreHf moi
ton aftcrwaid. Another argument was that the MINOR
children follow the condition of their parents ~ -
clai.d hi, intention to become citizen. aud rs thosr
who had declared their intention, in Nebraska becam5
sou. having by his father, act taken the sainc step,
was legal voter. The null opinions Of the United
decision. though almost unanimous. supported IN
various differing grounds by several judges.
The question raised hy Associate Justice Field IL
T. the power Of the court T. cniorcc lis decision in
tho Nebraska case may become an important one II
Governor Thayer refuses 10 give up the Office - GOV
crnor Boyd. The power even Of the United
states supreme Court has H., init>. and Judge Field
thnk, that it is impossible for II - seat
the Governor whom II declares elected. The court.
by #, decision in the lottery seems however TO
have been strong enough to prevent the great lottery
company from obtaining It's customary profits ana The
legislation o Congress. supported by the dee SONS &"
tle ,,urt viii suffice to drive out Of power this great
source ~ evil The power Of the Federal courts has
boon dccried in recent English publications. although
Professor I.rycc declared thai the Importance of
the functions Of the Federal judges can scarcely bo
exaggerated Whatever the strength OF The supreme
Court NAV bc in National affairs. the outcome Of any
possible refusal of acting Governor OF state - act
according 10 It's decision VIII he "aohcd WIFI c''e''
The General Term II the Common Pleas has given
an Interesting dcc.sion in tho suit Of the Health De
u,rtnent against Trinity Church. but although Judge
ryor supported his views by strong array OF arSu-
ncnt the Health Department will probably not remain
.ati,fcd with the decision. The courts have usually
given wide Ia itudc Ia the authorities VINO exercise
what t. called the police power and the law re
au.rlnr that all tenement houses in the city Of New
York should have water for the Of the tenants On
each floor when the owners directed BY the
Roord 81 Health WIS considered hy lie city 20 be an
exercise Of this police power which ID often referred
TO- but not otcn defined In the opinions oi
iudge. The various city boards do often interfere
with the acts II private individuals. and are not
usually criticised Judge Pryor says that the require
mcnt that there shall lie running water on each moor
Of tenement house T. not necessary 10 the h'a'h "i
II community but only convenient for the tenant !"
make the use of water easier among the crowded pop
ulniion Of tenement houses would seem to be. hul-
recily at least. aid 10 lcalhulnr>>. Inc IcIu''
ton. about keeping ashbarrcls on the Sidewalks "'
prohibition against throwing paper III the Street a'"
the ordinance concerning awning and other Oh.
,ttuc ions 70 the -ircc. designed to add 10 IA
comfort u living. but then MAY hc a DOUBT a. 10
and urety ~ The q inmuu.ty than he directions for
running water the top moo, OF tchenith' nous
judge iyor grow, eloquent IN the pcIo.t "h ~ ~
able Opinion thc subject. and say, re Pslu'hr
upon which the legislation IN pn"' Ion pi1'ecu- = u
over the people. whereas the Distinguishing 'hai'lr-
..ic Of the American Commonwealth Is uit IL IT,
ms, ble sphere ard rrpO-e~ upon indNdual ihtcll
ccnee and effort for The development 81 lItc Hn'
fruitful civilization sIeu ST, '" c,aT pripclpl
81 at species ~ socialism under the regime "i "h'n
the individual d,apIrar ana a,in , ufic-lv ~,
pugnant f. The spirit Of political ~ rtc ana nee
cssafiIy fatal 10 oar form 81 liberty
The ending Of the sensational Hams murder trial
. by no means the close Of the Legal contest on behalf
of the prisoner Under the present law there is only
one appeal and that j, directly - the court "i NP
peas. The preparation Of the appeal need NOT 'iN'
long and the final decision can be- obtan'd III "a le"
months, The conviction :, the frat in ihi, city sncc
The year i-JD IN which murder was found To nave been
committed by poison. The testimony IN poison cases
* necessarily Ioum.n0u- and the record presented To
the court Of Appeal, in the Harris ease VIII be
long one. Tie number of important eN'cP-
ton, taken Is not. however great, ana '"'
n gumcnt on appeal Will probably be N"'''
70 a few points several exception, were taken 10
the admission of testimony against which the drrhre
had argued strongly. and the counsel took exceptions
also to several ruling, 10 juror ana 10 sever" p,9
~ tie Recorder, charge. some of the eA''pIoh'
will lc strongly urged on the appcat" court tor on
them will depend the life or death OF The accused man;
The iiai conducted with RENAL kahle Skill anu VIII
bc "A celebrated case In american criminal law.
Lawyers frequently drh or into occupations SOM
what reno, ed from their original profession ana
their obituary notices are needed 10 recall the fact
that they ne sill moII1crs Of the bd? General Henry
\. Tarnum. who buried last week. was petttf
known ~ brave soldier aud earnest "Iahd MhF
man. aud ~ IN ol1cchOdcr. than rs a lawyer II"
was, however, admitted to the bar though his Pi'"'c
was never extensive. Charles i. shaw, whose dcath
wa, recently announced. had also diilt"d away rom
general practice Of rcoen years and had DEVOTED him
self almost entirely - cable road anaiS lie WIS
hOweN err at one time extremely active practitioner.
lie ma thc Nir ne 81 p'ltinlctv "nch ~ shV"eu ~
the management ~ the cable company. ana ne Wa
frcqucnty successful In the cOndu't oi dlih'il cas-
winning nj the court ~ lat resort that whch ne lld
apparcutly lost In tic earlier Stages OF tn litigation
lie active and successful lobbyist ana many
Of Ut, plans would have failed much earlier IN the
hands Of less persistent and ingenious agent