New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-07-31
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
The COURT

tI
The COURTS.
ce NJ the most important Iiuga;ions in the recent
orv 81 the state Is that begun at Rochester TO lest
,o crrsitutienay OF the legislative apportionment
.doned at the extraordinary session Of the Legisa-
49,, last spring. All the points raised I'm opposition
a., the measure worthy OF consideration, but two
=, ,ca,t present questions of great interest from
legal point view. One is TO whether the provision
,nat the app0rtonmcnt must be made at the next
osson after the ordering Of the census applies 10
a., extraordinary session of the Legislature or
only TO "A session of the next Legislature IT was
,onted ont that II extraordinary session could pass
~, rcapportionment Just after the had been
ordered IA could nuly the law by calling an
extraordinary session for some purpose and the Legs.
laturc wond be precludcd by the Constitution from con-
sldeng the apportionment, as that one of the
subjects named in The call by the Governor The
second important point to whether the Legis-
,sture might fix the Assembly districts without close
attention TO the provision that they should be as far
a. possible equal in population. IT Is conceded that
there is considerable difference in population in some
~ the districts and the precedent set by the Supreme
court OF Wisconsin shows that the will recognize
an extreme disparity in the size OF districts ground
for setting aside plan of apportionment. The
has been quietly begun. but the arguments both sides
showed earneStneSs and much legal skill. The brief of
Mr.. sutherland especially able. 1t ought not to
take more than few months for the case TO reach the
Court of Appeals. and II decision IS quickly rendered
II vii be posslb bic 10 have an election under the old
spportionment II the one is declared Illegal. The
Court of Appeals has often shown much Independence,
ana 1t is 10 be hoped that the important questions
raised will be passed upon in such a way that there
can be no suggestion of partsanship in the decision
reached.
The nomination OF George Shlras Associate
Justice of the United states supreme Court WAS
promptly confirmed as had been expected. The
legal newspapers which had discussed the nomination
united in pIai>ing Justice ShiIa>. lie had attained
al unusual reputation outside of his own state Tor
a lawyer who had never held judicial Office. His
family name is an honorable one and his own repu-
tation has made # stl better known that before
throughout the United states. He has a dignhed
appearance and The bench of judges will not be less
IMPRESSIVE in robes of office and calm judicial aspect
when he takes his seat at one end OF the row oi
justices. Ins experience I'm corporation matters
will be OF especial value.
samuel j. storrs and Robert W. Gilbert two
known NewYork lawyers died last week. colonel
stors had been long engaged in the practice OF his
profession, and had business relations with many
members Of the Produce Exchange. Robert W. Gil
bert belonged 10 an influential and wealthy family
and had obtained good clienage much earlier than
most lawyers after entering upon piacuGe; us
death was unexpected and his many personal friends
were startled when they saw the announcement OF
the sudden ending of his HE
Few of the many friends Of Professor Theodore w.
Dwight knew that he possessed the large wealth. on
which his widow now seeks 10 ahhhhlS'er' III "ds
known that Professor Dwights fees as referee were
large and he also received large retainers In some
cases He was, however. retcet about business
affairs and the thousands OF New-York lawyers who
had known him as Instructor or an associate h'd
little nowleAge OF the extent OF his estate lie was
ALWAYS simple In his tastes and unostentauous In MS
mode Of living Few instructors, and not great
manv LAWYERS have obtained wealth, and Is pleasant
20 the lawyers who were educated under fTOles,or
Dwight know that he was able TO sGqhre So1i M
IN 10 fbird n "a
taught law students and practsed his profession
Estate Of BENJAMIN Franklin. deceased" Is pc
culiar title for a law so late as the year lo'-'
INT a decision has Just been rendered which Is re-
ported under that title. Benjamin frahKllhs WILL
which was admitted probate in April 1'9o' gave
in ore paragraph $1,000 sterling, oheImh 10
the city OF Boston ana onehalf TO the city Of fma-
delphia which were TO be increased by interest
on the amounts lent from the capital sum to young
married artisans until the end of 100 years when II
was supposed that the full amount would be over
100000. Philadelphia received $1,000 sterling
but the trust was mismasssd SO That oniy
100000 obtained at the @s of 100 years, IN
stead of the sum Of over 100000 which Franklin had
expected Certain heirs of Benjamin Franklin sought
10 obtain the accumulated sum OF money the ground
that the trust was void The supreme Count has de-
oided that the case was improperly begun IN inc
Orphans Court, and other method OF raising
the question 10 the validity of the trust VIII Ne
10 be devised before "A final decision can be obtained
as 10 whether the accumulation Of Frankln's legacy
shall be given to his heirs or TO the public purposes
for which lie intended ii.
The July "Green Bag" contains an interesting ar
ucle by Irving browne, Of The Albany Law JOURNAL
entitled The False Priest, in which the subject oi
"mOck marriages is discussed from legal point OF
view. The author says that, though novelists have
taken IL for granted that marriages by false priest
and under a sham license do not bind the supposed
husband there no illegal decision reported III Tie
law books Us 10 the validity Of such marriages when
the wife sought 10 lave IL upheld The article SHOWS
much research and leads to the pleasing conclusion
that a woman deceived by the man who leads her
into a sham marriage may he able 10 sustain tile
validity of the ceremony The longest article In The
Green Bag is that the supreme Court OF kansas;
The Judges Of that court have been General
Thomas Ewing now Of this city Judge Brewer. now
OF the United states supreme Court anu tel 'usu0o
Horton, OF the present Kansas supreme IOur|
@Tbe Green Bag" a. usual Is fortune in It's selec-
too OF legal and judicial anecdotes. one Of them has
appeared In an English publication and tells Ol dls
,iaed Judge who is in the habit Of making unusually
long speeches 10 the prisoners on whom he - Pds"S
sentence. One old Irishwonan who hdd Deeh con-
yictsd Of trifng offence became weary atcf s'fins
for half an lour 10 the judges denuncatcons and was
heard TO mutter Wardcr what does the prisoner
Ayl7 asked the judge impresiVely VI "Hs oAo''
@she says your Honor answered IN" Waiucr' III"
she can stand penal servltude, but she's blamed she
stands any mere Of this" MOheF yarn SenV J." W
Western CORES pOndent Is related OF herman cleIA
in a Minnesota court who possessed great dignity 81
manner. on one occasion ne was rrcluhg an "d'n
with much soennity when he noticed that lle 49," 10
had not removed his hat. The clerk paused anu '-u
earnestly: Look here! ven you Schwear before N's
und GOjt take of your hat
Several decisions Just rendered disclose peculiar
marital and family relations one Ol the at'"ne'''
Is a In Louisiana In which dead mans properly
was equally divided between his two wives. frdhcis
JeFmann. native Of Germany. married III '""'
country I'm 1859 IA woman named Josephine Atingr'