New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-06-26

then disbond The General Term OF this department
was In recess last week, and the cases In the o'hcr
counts not q tht greatest moment. me wnr'
weather has perhaps aided in dlscouragne lawyers
from placing difcut on trial. aud June mas Oeeh
II qucter month than usual IN the courts,
The decision Of the Michigan supreme Court In the
Miner election law case not unexpected The
United states Constitution gives the Legislatures vide
power 10 decide rs to the methods In which PfcHdei-
al Electors hall lie chosen, ard In no case mas the VIII
of the Legislature In this respect been ln'erierN WIN
by the conlts. The may be taken to inc thtcd
states supreme Court. but there IS little encouragement
for such action. The opponents Of the law have
thought that there was possibility Of ovcrtur7'ng
H. on the ground that the electors must 10 chosen under
the Constitution BY the states. and II WINS argued that
q choice by districts would not be choice by the states
In which the districts were. The argument, however.
was technical, am the .uprcme Court Of the state
could find nothing that limited the power Of the Legs
lnture in its selection OF method Of choosing TIE electors
II all the States adopted the Michigan PLAN the choice
jority Of Of the United states bui so long ms
all other states choose electors on general ticket any
81 sem separating one state nom lis fellows IN Such
matter will hardly be popular
Judge McAdam's structures on some divorce law
yers delivered last week will hardly affect the not
ovcrsonStlve persons against whom such complaints
have usuay been directed II Is one Of those sights
which make n spectator warm even on a cold day, in
tho County Court House TO witness lawyers In divorce
proceedings fighting over some slight Increase IN the
counsel fees to b. awarded with allmoay In favor Of
some injured wife Tie question OF alimony seems TO
be Insignificant In comparison with the size Of thc
counsel fees. Tcmpcrs will re and angry words VIII
bc uttered over the question Of adding or taking
40 from the amount Of the fee. Now that the
summer vacation Is approaching, the proceedings OF
emsping lawyers specially annoying. They call
back their brethren who are enjoying the refreshing
mir Of the monniulns 10 cue In Chambers
small matter fees, which might Well be cit Nltll
later Season. The criticisms # course, do not apply
70 all nwyers who have divorce suit but those who
make srscnltv Of such arc usually the ms
careful to avoid for rrpOach In the matter OF
demanding the fees even from those who have slight
ability To pay.
An Indignant correspondent ~ "Thc New York Law
Journal takes occasion 10 condemn the jury system
and nj the same time SAYS n cod word for the moo who
killed the italians In the NcwOrlcans Jail In both Of
which opinions he will probably find rtle support
among Ncw-York lawyers. In commenting the
letter The Journal" calls attention Improvement
In the quality Of Jury Justice within the last few years
Jur!cS much ices likely than formerly n find agalnst
c0rpontions without any regard rs 10 the facts. In
the Elevated Railroad cases. "The Jmraal" points
cut. those corporitions though perhaps unpopular
rs any. did fear to take their before iuee,
but The contrary, sought have them Ill taken
the jury terms instead Of being tried before judges
or referees. OF course the dai1y If jury tals had
something TO do with tcir selection Of Ills mode Of
trial. but evidently The, have lost hat fear which
cas IN WITH t tc9 were Inter-" nicrred he ' ali '
World" ard " he Railway and Corpor,ton Law
among jurors The juror. IN the cities nj least,
taluly seem 70 have lccomc educated to better ludg
rncut IN civil eases. The argregat" amount u the YER
diets IS probably not H., than II formerly was but in
many case whore tn plrniln clearly IN tie wrong
80 ,,orev sonfv l.c,u.c Tho cnrrnrdfIon which he
sues is wealthy ard unpopular.
nj IN The su !of ls pension as retired Justice q
The supreme Count and the wonder is that the Knrs
County authorities contested the payment o, the
money. When the Court Of Appeal, decided a few
year, ago that the retiring JUDGES Of the >prem" Court
were entitled 10 receive pension not only the salary
hut the amount paid instead Of the old allowance
for travelling cAl,nscs they went TO the extreme u
rcner,ty In constituting the law. The additional com
pcnsa Oi Of ODD ycar givorl to the supreme Court
Judf. in X nrS Comfy Is fnr more easily recognized
=, - ga -. }',.', n, -, r".'u,,c. ~
the ',enc.a Icru decision. II IL + MT rcvet sod vii
for the i've years aiter i> refinement on account u
ase. lie VA q faithful Indge ft seycntcca y,ars
AID L the pension system l. 20 continue few judges
deserve the reward no-e completely.
The who'll pension system Is again discussed In
law journals and especially I'm Canada and the western
states In connection with the question as to tho
proprely of pcnsion'd judges practising law. judges
hesia,c to take and usually receive large fccs.
English Judges who receive pensions for life never
practise. There Is no law forbiddng them TO do So
but English law journals say that none wouh dare
10 practise - strong IS the sentiment against their
doing 50. Tie fact that the passions ara for lif'
instead Of for term of years undoubtedly makes a
difference. The pensions also Is Wrll MS the salaries
are much higher than In his country. some New
York lawyer, critics" the pension system but II i not
p7,b that a majority OF the members 81 The bar
ind iauit " cid rly judge, who have served ten years
"a tho bench receive som" extra r"Warl IN addition
such fees as thoy may earn In their p-ofe sion.
An Interesting correspondence published In the Mel
bourne newspapers and copied ia The London law
papers has taken place between n criminal judge and
The Australian Attorney General In relation TO the
sentence imposed by the judge upon criminal. The
Attorney General, who bears name similar 10 one OF
our own most fmlliary known officials. Is John GAVIN
Duffy and IN some public speeches he criticised the
action Of Justice Hedges who s.nt.nced bank man
accr who had sNindled institution ont u 100000
10 100000 10 two years Imprisonment. The jud1'
wrote 10 Attorney General Duffy. asihng him for his
reason. rs the criticism and pr)tcsting that he
had endcavOrc-l 10 fix the sentence suitable for the
particular offence charged and had not taken into
account the fact that there were accuaonS that the
accused man had taken from the hank very much
LARGER sum O. money than That charged In the
where the conviction had been had The Attorney
(,cncrnl who seem to have rs free Wit rs Onr Ovn
DISTINGUISHED Gavan Duffy cIcises the judges style
~ writing and declares that he has no maudln sym
pathy for the Grim nal. but rather 'ympathzcs with
the unfortunate stockholders of the Institutions which
no has robbed Mr.. Du1y thinks that the Judge, In
uossng sentence, should consider not only the par
Ncu,or charge on which the conviction Is had. bat
the surrounding facts shown by adavlts or otor
evidence He quotes the remarks of other judges In
,osslng sentence 10 show that the rule generally IS to
r."nsider the surrounding facts that II man pleads
guilty Of one Of MANY small OFF nccs Of similar klnd
- which he has been guilty the judge may ron'licr
the other accusations which appear ID u, Wen notc
omt Iy evidence IN making up his Hihd rs 10 INT
Scnenco 10 be Imposed. The correspondence IS lohy
and seems 10 have arisen slight nNcrtnce vi
opinion, but 1t is Interesting as giving '"o S'u' u
a