New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-05-22

guests on June /.
era suboriinaes and the work OF selecting cases for
reporting will be entered upon. The usefulness
OF the law will depend largely upon the capacity of
the reporters. The present system of Official reports
for the highest courts, and the prompt publication in
cheaper, unofficial form OF the opinions rendered in
lower courts has worked fairly well. The West Pub
fishing Company has Obtained considerable credit for
enterprise and quickness in obtaining copies Of opin
ions. Many, however. Of ,he opinions rendered In the
subordinate courts are worthy preservation in official
form. The selection of these cases will be no easy
test The reporters will End great mass OF matter
which Is trivial and not worthy Of preservation. Ere
qucntly, however, some point of law is discussed
with great learning by a trial judge, in some pro
ce'dlng In lower court. In tile great mass OF I'M
10 ind the important eases ana il MIR. Del.hanty and
his assistants will make wise selection, their work
Will be- Of great value 10 the busy awyer
1.-THE Michigan Law Journal though # has been
in existence for only n few months. Is already
Of the mos, interesting Of the law magazines. Ii has
done a particularly valuable work in bringing to-
gether number Of opinions to the validity Of the
Miner Electoral Law adopted the last session Of
the Legislature. providing for the selection Of Pres
Dental electors by districts. Professor h. VI. Thomp
has been OF the strongest supporters OF the
law In the series of articles, and General Byron NJ
Cutcheon and Moses Tnggart have criticised the law
and think IL unconstitutional. The United states
Constitution provides that each state shall appoint
electors in such the Legislature may direct
and 1t has been frequently SAID that this provision
gave to the Legislature the widest possible latitude
Us To the method OF selecting Presidential electors.
Genelal CutcheOn and other opponents OF the Miner
law. however. think that the words leach state'
exclude appointment by any portion less than the
whole state. The legislature may b. taken
a. representing the whole state, and the choice
Of electors by The Legislature would not be
open to their criticism. The choice by dis,
The argument, presented by the opponents of the
turning the statute when the matter is properly
presented the courts There been considerable
SS o the IN P1 OF Ir the br the cona
sci think that the proceeding recently begun in the
supreme Court may settle the veNod question before
the time for the Presidential election.
-
Clark Bell. whose industry at least cannot he
doubtcd Is issuing a series of pamphlets under the
title The supreme Court of the states and Provinces
OF North America Each pamphlet contains a NUM-
Der Of sketches of the judges the supreme judicial
body of one or more states. The first pamphlet IS
devoted to the highest courts Of Texas and Kansas.
y. :. Walker. recently Justice OF the supreme Court
Of Texas writes a sketch OF that court, and CHIEF
Justice Albert IL: Horton. Of the supreme Court Ok
Other judges well known members # the bar wrte
short sketches of the present former members OF
the courts Done of the best OF the several portrait.
contained in the first pamphlet OF the is that u
General Thomas Ewing. for ten years practitioner at
the Lar OF this city
The death of Charles Scott. a wellknown scottish
lawyer, brings TO end an interesting series OF
articles from his PEN which have appeared in The
judicial Review" of Edinburgh on The Archives Of
tlv High Court Of Judiciary" These archives 90
back a. far as 1903, and although there are Some
blanks. the record Is nearly complete for the period Of
400 years. Many OF the earlier criminal trials IN
the conrt were for treason witchcraft The names
Of some of the Jurors in nearly 400 years ago
are preserved, and 1t appears that members of the
nobility as well as landed plopretors were among the
jurors one Of the most peculiar trials that Of
Duncan Clark and Alexander Mcdonald for murder In
1884. The evidence against them consisted almo|
entirely OF the statement Of a witness who tes'ifed
that various occasions had been visited by the
ghost Of the deceased Arthur Davies, whose bofy was
found in deserted spot some months after be bad
disappeared from the sight Of his friends The spirit
Of the dead man had related to the witness number
of details Of the manner IN which he had met his DEATH
and among other things said that Clark and Mcdonald
haI. been his murderers The statement Of the VII
nes' to whom the appariton had appeared was ap
paently sufficient TO cause the Arrest and arrslsa'
ment OF the persons charged by the ghosty accuS..
In spite however Of the credulity OF the time. ne
jurors after considering the declarations % Ia,
aud acquitted the prisoners The report. OF some q
the ancient trial are word for word as The wltne,
testified. and of the statements afford interesting
insight into ancient Scottish life.
The English courts have finally come around 70
the view recently expressed In the New York Court
Of Appeals to whether II IS Psslbe
for person 10 attempt to s'e"'
from the pocket OF person who has no none
other property IN the pocket. The carrier wv
ci>lons In the English courts were that where 'hoe
no direct proof that there was anything III ""
pocket the accused person could not be convieea "
an attempt ut larceny The Lord Chief Justice OF s
land In decision recently made has decided tha' '"'
original In which this proposition was laid gov"
Is no longer law. lie makes calculation tiiat N0
Judges had given the decision that such an act o
pckpocket attempt at larceny. ana In q m .h
recent five judges Of whom one had sa, III t
previous case had made like decision so tat nins
judges of the opinion that the Original 'a Ma,
whicn held that conviction could not De mad W.
longer the law OF England As more naxes h hsS
decided way than another tho Chief Justice he,S
that the attempt at participating could De Puhismrr
without proof Of the possession OF any vauapie PTw
orty. The Court OF Appeals OF tns State IN tns
Moran case, took the same view. IN both conntnss,
therefore, 1t will be possible to secure the convieun
OF pickpockcts who ply their trade In crowded 40
sembies without the necessity OF producing as