New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-12-11
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND ANlONO
THE COURTS

| has rarely. II ever. acted as justice in this
district lie has been sitting in Judge Bar
| rctt's place. at the General Term. having O'Vi
assigned to this division by Governor Flower.
| lust before the December General Term De
| gan. His experience as II Judge of one branch oil the
highest appellate court In the state will make his ser
| vice N General Term douby valuapr' lne
present NewYork General Term for industry ana cN,
Ierience, maintains its precedence among thr uc, ~
Terms Of the Supreme Court Of the STATE nc o'me
trict is Judge Leslie " RUSSELL who is wcll.known In
the courts In this city although he has mah' t"r nj nj,
legal residence In g. Lawrence COUNTY, onn9rd aS
Office In this clty and not only counsel IN MAN. IN
portant cases including one branch Of the stewart WI
and several large corporation suits Dut was also
referee in number Of important cases lie Wa' III
earlier ME- the District Attorney Of ms c'un H m
gives his ruInis in quiet. but impressive way, and
has the favor OF the local bar 50 lar do nc u
| known TO them, rs judicial ofiicer.
| Among the important on which Judge Russell
has already passed in his few months service on inc
supreme Court bench Is that OF the students OF st.
Lawrence University, whose names were stricken from
tho voting lists on the ground that they were not
legal residents but restored by the courts l'
decision and one others recently gwen, notably
one In Maryland. have somewhat changed inc rnloS
which hive usually BEEN observed heretofore rs TO the
right Of students TO vote. An I'D Pennsylvania de-
cison which had been largely followed made IL prac
,lcally impossible for person who was student In
n college TO vote Mt the place where the college was
situated. 1t was held that person could not change
his residence By going to colleg" town to become
student because his old residence waS not abani".ei
until a new legal one was fully established. III ,mo
81 lawrence case which Judge Russell decided, one
Of the persons who sought 10 vote was HiuIl'u @
who kept house I'm the college town ah.lu'r va
carving on business as insurance agent ASH" iiOu
studying al the university, ana HhDther octul,H T.,
portion OF his time n printer Ihey h1Ehh t M
residence in the town In tho when The s'ho
were net in session. trd'r the cllcunlSCtno Nm
Russell he'd that they not prevented from Vo,lhs
nndr ti,n clause of the Constitution which prOVld
that no person shall be deemed TO have gained or G,t
,deut at any seminary Of learning. The question
Is mootcd at almost every cl''Hpi ,, ann NV,
two m ,t recent utcranccs Of the Sc" ioik a'p'"'r
Cont seem to favor Tho proposition that student W."
have residence In The c"llcSc town npa't IRON va,
essential to their attending the seminary o ''''"7'
may be allowed to vote.
The arguments in the case Of Carlyle W. Harris
hcoro tho Court OF Appeal, indicate that there VIII
h only ono or two important legal questions on "hlch
much ur1t will be- thrown when the final decision u
tven This important case. one OF the most interest
Ing and sensational since the famous trial "i ITO
lessor Webster, turned rather on the IAt'' p"" "'
Questions Of law and the only important legal point
discussed M great length rs To the adHl''i'il'N
az certain evidence offered for the purpose OF slowing
/, ,,,tiv. for the crime. The difference between the
English and the American methods u procedure Is
shown by the fact ONcill. u" London lol>or'
yS rri ~ JiIoriis was pending. In England and
many other countries. the Interval between ,''N T., an
and IN. execution Of the sentence J. snort. ~ az, an
nnnc,l is allowed Is only ON certain l'E'l I","'
nnclJy passcd upon while In th country c"hV''uYn
IS only the first step OF the carrying Guy " D." .L
,cncn and DELAYS are long continued t"2t ,"'
particulars Of the offence are often iGr-o'Em ~ - Wv
,,r.s o,,u Il ned last sock date Tor the execute
Of tho death sentence against lihinns'f VIM ~ ,ril
qnonily recurring Intervals l. hrouElt D,orr 49, az,
rot,rfs fin ,hr attempt, thus far valn To carry INTO
execution a Judgment long ago pronounced
Among Interesting notes OF banLlug aw Is IT," fact
Ia. fin tp-fN
l,d IN decision rs 10 whether the clearing House
,si.n, (. 80 dntory that those who send bank che"'
through the ordinary channels are re p'h-'be l"r
negligence in not promptly presenting rho oh'rkS NJ
,hc lanl,s on which they drawn. Colny oil TWO
or three daya j. usual In the Clearing House N'"''
ictvccn the time when check u depO,l anu ~
pr..cifation 10 the bank on which It Is drawn IN
The Maverick bank lars" check might A"Fe
t,cn cashcd # presented on the day on which II was
delivered but before Il hal gon" through he clearing
IIou-o the bank had failed. The I"hh'h| IL"
Journal" calls especial a,tenton t. recent o''''oh
~ lie New York Conrt ~ Appeals when j, Ui erU
I'm rnrnucr a. banker, IT, this sat-. a. II '"'i' uil'
~ d.u,li ,r becomes irs1,c ni OWN O." biiA upon
II note which docs not Mhtir" H'ul ".'I ~, .,
"i,-,,ruf The bank cannot apply m, 'Hlrc' ol ii'
1,,,.l,,r o,iu.t ihl, note. but must r'lmlush the
deposit % the a.-lcnre ana take Only is PIP %
,,t,nd with other unsecured creditors. II the no."
I ,n,,tr.d lcf r.. The assignment. The h1 ancc may
lie rciancd BY NE bank toward he pnyment, . OF
W. . t1.h hHvc uot mniurcd The Same rule had
lccn generally s1ppo'.d a4.nc ta'Nr r Conrt Of
hppanls In IN" case ~ Frra against NicRIhm ha'
established the law the other WAY.
\ decision last wec, ~ Indge Gresham further
limits the powers IT the Inter state CONNER" com
mlsslon, which. since IT, formation. haS HAD 10 CA
counter n number n rcbui!s from IN" Federal courts
II &, now held that thc United states courts VIII
not use their power 10 punish thos" Who refuse u
o.. fi.4 .Itfnf I .Nl D.
Tho commission Is BODY wl'h mauy Judi al frn iios
hut The Federal courts do not seem in'hhDd u rec
ME 1t any art q ihc ,4Grlnl iv,,I"' me- Of
The "a .cs bcfor. Il have been of the greatest I'm
porlnncc, and sometime. th" Gra, oi r%n'' a
moro imposing than even ~ ths NY t npUi ,',s
patent niigntous before TIE United state trent or
Hnp nn, hgwcyor bcin ca-cvc and recent udcl
opinions have not assisted Ii.
An cccrcam case which in some WAY has escaped
tbe comment which II deserves WIS passed upon by
thc second Division of ia. curt % App nj Ju, De-
forc tla, hodv dissolved. II is stu. however, lin ~
Tho iudcc, found some difficulty In formulating their
opulon, In the case, and four Of the learned judges
agreed on one statement and tircc on an lh'r An
lcccrcam manufacturer in Brooklyn bought from II
Now-l ork drdg-ist lottlr Of color ng HHd winch
was represented rs pure and harmless. larg"
amount Of strawberry ic" cream aud apricot Zee was
manufactured with the use OF this colorng compound,
and about 200 persons made Sick by using tie
cream II was found anayzns IN" colornr
fluid that It conHIGcd arsenic. The ic"-crcam man
leo cream and ices which he had cOoi"i WIN IN
material and he brought suit for the vdirr oil tint
Which was destroyed ana for danagtN Ciusti nl tn
loss II customer subsequent to the -" oi TIE pos
onpd cream. The main question was - TO W.h'". |
Inc amount If damages should be simply IN" -
which was paid for the c0lorl Z mixture. OF Wnc,hc
the other l.ses Of the ccciram mahula. iGlr 'ouM
hc taken into account. The judge held that tn
amount recovered should be for the loss OF tn" cream
and also for the injury to the icecrram mans bhsi-
\ Young man who desires full knowledge Of the
law frequently takes partial cours" In one Law school
and then nnI shes ut other school. Sometimes two
full coulscs are taken In different schools. "Thc
Columbia Law TimcS,' however. tells Il Columbia |
;udcnt who Is even more enthusiastic In lis devotion
4, l.o ..J fran e Inn