New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-10-30
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS

All OF tic cases argued before Judges Wallace.
LacomDe' ana Shipman at the previous term had
been disposed OF by opinions HANDED down Mt or be-
Iore the opening OF the term. The new calendar
mus Iar maoe up consists Of 1l3 cascs. These arc
pr1nclpany customs and patent cases. and there are
also some admiralty cases which have been recently
tried In the District Court. The number is Consider
ably larger than that the calendar year ago. but
with its work. The new court has proved to be
great convenience to lawyers as in which
without the necessity Of applying to a tribunal out
side H tss city The with which cases
lawyers and iitieants TWO Or three Years Of delay
were often necessary under the old system before the
supreme Court at Washington finally passed upon
cases whic! arose In the lower courts. Now cases
disposed OF almost as rapidly appeals taken
The Court Of Appeals has made SINCE the opening OF
Its sessions this fall largo number Of decisions and
II is evident thnt there Is attempt by the Judges
TO dispose Of the calendar without soon calling for
new second Division. In many OF tho long
and carefully prepared Opions have been handed down
and tho industry OF the judges was never marked
than at preset One Of the interesting decisions OF
last week In the Osprander perjury cases. hold.
Ing the officers OF savings institutions TO strict
decision given few weeks ago to the liability Of
a ship owner for malicious assault by the captain
Variance with the doctrine held in the Fedora
such IS greatly to be regretted Is seldom
states supreme Court Judge Gray says OF that In
the Ross ease thai lit Is OF questionable authority"
and 1T Is without weight In this State
"The Columbian Law Tines for october begins n
new volume and contains unusually interesting
series Of papers. Frank S. Rice has an article on
the Blackstone craze. which has 10 little foundathn
I'm the excessive zeal with which LAWYERS advice
students to begin their study Of law by reading
blackstone The author believes that Blackstone may
we'll he read IN later professional life. In connection
with Study OF English Jurisprudence. but does mol
think that II is necessary for the bcgnn In tn study
OF law 10 peruse the ponGrrous volumes OF the emu
nrnl juri>t some lawyers think that the early 70 d
Ing Of Blackstone Is rather harmful than helpful be-
casc 80 large proportion OF his docri have been
rcpidiatcd in later years. Others think that his
&C commentaries still form valuable Jar; Of the
students library Mr.. Hce's article will BE- vnl'-
able In setting forin Iii" worthlcssn"sS OF inich OF
the advs given by %G'r nSr 10 So .ngr y ws
once -" n ,%rS; Of sS,aa ns to s
In the courts. Among the Items OF SCHOOL inter,
est II Is noted that many Of the students havr signed
agreement! not to use NOR: thnm SIX books IRON
students seek H. read tho volumes a; the same
tim" that cral incony"n'rn1" has been rn,sn ,a
seem to b. sufficient for student. The columbia
paper naturally defends the new system OF ln,iF,rion
In this school which has now ben on trial Tor q
year. Til" number of students is greatly reduced.
hut the av"wed object Of the change Is that IL. edit
cation shall br thorough than In other schools
where the course Is shorter and whore tho hours 81
The lectures such to enable students to spend
large portion Of each dav In law Offices. 1hr o.d
system seems. however In better lit this practical ag"
II Is not always easy to find LAWYER willing to
crliicse publicly the highest court Of his own STAT"
Some attacks on the supreme Court Of Illinois have
however. led James &. Courtney lawyer ~ that
state to write pamphlet In which h" calls attention
To MANY strange errors which occur In the dcrl>i ms
II the suprcm" Court AMI TO give The Causes Of the"
judicial mistakes. In one car tic >ulTcn" Court
overlooked statute which hai been in f'rrc for
iwc.'y.ni year. Another dirrctl, r'n
Trajectory to two tire" Other w"'ic"n idercd ca',
wich referred to-. and - ont ca"
was opposed IN piir'pl which I'D b'cn laid down
in ~ least me-; decisions 81 III" sam" c"'rt. "ih"r
opinions ~ IA" court are quoted to show thai snrl"
judge. having strong pr'jnd:r"s. j. oi"a ALL" IL MAJ"
urdeniGcd amio >tIancr statements. wirh conh not
hav" been approved by IA" other jnhg'- II fNcy hal
con der.d III, case with rair. Thu author believes
that TIA" G-rcputc into which the Illinois d~r,i"r>
have fallen i due - tw" I'n>"n- th'"-. Il = >n,d
submitted without o:ai areumi"ni. - hat ~ "a"
II the LAWYER, Each cn-". when submitted. = .''n
TO u committee Of tic court. c'np'.ci Of iN' 81 tr"'
judges. The committee "Ni;Inc> III" r'S'. AL r''"ir
m,d> II reversal aiNrrnan'" - the '"." Bay 10"
With this recommendation. ID" 'H,r = - :''h Y, =
single juGc'. who tLk"s The t"cnI and L~i"> - L.
r'mc. aud writes ih" "Ihni'" e.. ~ :'i"''l'. !"
MANY other >t''rN zach lns" Of u" wl'" 'rri cN
Presses som" >n' e nm "l.nipr Il, ~ m"r'. an
h. pr"ynliin: "lii lon J., nall, l''I 90 W. S""'h
Judges have {, 'hi. III" vh"i" "nfi Ne ~ the ar"
the JUDI. I'll. inii"l. m.''"d mats "n" )ri:"
practically the wf,l court i', .:'Iify 81 III" 81 'ir
y stem Las l"d I" frequent citti'l'h'' "i IL ini'a
"p.irn>.
piece Cf It.Iay property wlicn /, MT often III"
srbj'ct Of dispute in the rpit, i, "nr 'aial
The work on which Professor Peter, va, engaged for
many years las bc"n The ucc Of li'iguton i"r three
years. AID the Gr"ciaI Term III III >upr' me CplIt
Fourth Department. las recently made lie ,oi NJ
ri.ing the decision ~ the trial court dcclan: tn
catalogue to have been t!e P""r'v al Professor
Peters. who has since did. l':pfr or Eor,t vi,
The drinant in The cn,r. and de- a."h TIA: Il" 0%Icd
the book. Tie court la, dccid'd that the star caa
o,uo" did not belong Hamilton tcil"g,. br, 10 Or
Peter and t!at Professor Beet nn-t ,,'"nd"r I,
Term decision IL. I'd rrIncipnlT o. the question 81
ire "dmi- ibllty Of "sdcncc. AMI ~" raJ"fry {" The
Judge, believed that the trial Rad made mi,
takes. II shown that DR.. Ii"", bean to ne
cInulat" thu malcim TO- his caialosc in l"1o. and
Int no continued for thirty forty yrar> it.
H. Il Il alleged. Ffoc. Eorsi sccUrd possession al
g. The value Of TIE boo.s and MA 'u-c;p', comp" Ing
n, catalogue i said 10 b. nearly - 300 h.t H. valar
10 scientific observers IL not rn,y icchOned In money,
The decision OF the Court OF Appeals few years
ago. holding the propri"or ~ lnrr" drye"ods store
responsible for the los4 Of a wrap witch customer
placed In IA chair while she trying Oh new gar
ments has been mnd" the basis ~ Il decision Just
reported from Pennsylvania. A man went into II
Philadelphia clothing store 70 pnr' in,r suit 81
clothes. The Learned judges ~ the Pennsylvania
supreme Court relate. with great pariIcularity tli"
act; Of the customer IL" seloried coat and waist
coats and h" nLout I" rr."'" Il" ""Trcr pond
Ing garments 10 try the hcw Ones, he "'k OH III
watch and chain and WIS nb"it to place them "ii
pile Of clothing when th" s:"'ihan ad,N'l him I"
put tie watch in the drawer nom which tie waist
coat was taken. renarking: :" II Will b. safe there.
giicss.' The watch placed In III" drawer Tie
garments tried aud it is pleasant 10 learn from
the iudC,s tIlt after being examined before mirror.
,ho Garments wore f,und 10 he satisfactory. They
next" the judIcnl opinion says, turned their ai'"h
tion to the election ~ pair II pan'alG'nN. Ih"S"
II Is related were tried In Il dressing rpJln ana
wlilc the Customer thus engaged. his wife. VII"
had entered the store with iEi did not remain near
the drawer where the watch wu>. but the polite sales.
man led her Ia a seat IN an. her pat II tn room;
and there, We are Informed. "rnt"rinlncd her WINE
her husband was In the rs~irg'I""n. Iilr a,.e,