New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-12-25
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS

GATHERED FROM LAWYERS AND AMONG
THE COURTS
The Christmas holidays bring the usual quiet In the
courts. In some Of them IN this city 50 long recess
+, taken that there IS practically mdwinters vaca
ton. though not so long or 60 well defined term as
has been proposed by those who advocate shortening
OF the vacation and several weeks rest from
| work about the holiday season. The Court OF
Appeals remained at work mill Friday. when 1t took
the adjournment usual at this time Of the year Tho
criminal courts were occupied closely to the begin
| ming Of the holiday week.
City Bar Association affairs have recently occupied
more public attention than matters usually do In that
stald and at times almost nfeless organzatlon The
association has remained consistent In It's attitude tow
ard Judge Maynard Of the Court Of Appeals The res
outions adopted at The last meeting were acted upon
after notice had been given 10 the members that the
subject would le discussed n any considerable num-
Dor OF tho members OF the association were opposed 10
finally taken they did not attend the meet
Ing, take steps 10 prevent the criticism OF Jnasc
| Maynard. II one may Judge from Governor Flowers
quick Of his purpose TO reappolnt Judge
Maynard the action Of the association did not carry
| much weight with that Official But If the criticised
judicial officer should become candidate before tho
people the opinion OF his conduct expressed by MEN,
bers OF the bar will be strongly used against him. The
action OF the Bar Association in rejecting two canii-
dates for membership has been somewhat crl'lcs,d.
known TO the public which made the action OF the
association explanablc but either candidate not IN
the associations doing, have occupied more than usual
space In the now plprs for several days
The ORGANIZATIONS for the meeting OF the New-York
state Bar Association three weeks hence have boon
nearly COMPLETED Addresses will he made on the even
Ing January Il by Associate Justice Brewer OF the
United states Supreme Court, and Judge Alton b. P~r
ker OF the supreme Court Of this state Business meet
ings OF the association will be he'd on January 10 Inc
executive committee and the committee on law reform
have given notice OF the subjects which Will be dis
cus>cd at the meeting. one important matter when
will he brought before the association IS ia" piopoS'a
nboslng Of the practice Of expressing bills on their
passage through the Legislature. 1t Is argued ihao INC
practice Of cngos,ng bills I'm longhand has caused
many mistakes and has gwen an opportunity for the
commission OF fraud by The changing OF The wording OF
bills after they had passed one both houses. Tile
quicIer printing of the session laws which has been
urgently demanded by members OF the profession VIII
also il Is said be facilitated by the printing ana stereo-
typc OF III, bills. The method of choosing delegates
to The Constitutional Convention Will also be as
cisscd and changes NAV he recommended In the I'LL
passed nj the last session Of the legislature unl-
form examinations for admission 10 The Oar VIII prop
ably b. recommended by the as>orhn"u' ot"er St"
jeclS Of interest 10 members oi TIE profession VIII 70
discussed Instead Of The banquet when ,as oeen
me nf tho fraturs OF the annual meeting of the asso-
citation incc its organization. there VIII be- next ar
"a reception By the Governor on the evening oil Jahay
The nomination Of Peter s. Grosscup successor
TO Judge Blodgett Of the United States District Court
for the Northern District Of Illinois seems 10 he favor
;b rec /, ed in CHI 40 The legal News" ts ivy
gives a Sketch Of his lie was formerly resi-
dent OF Ashland. o.. but has been a member OF uie
Chicago bar since 1853 lie WAS at one time par'-
ner of Leonard SWEET. Ills practice was principally In
the United States courts. He Is only forty Years old
but The Legal News" says that his appointment has
been received with favor by the members OF me oar,
aud even by those who were his competitors ior tue
appointment.
The number Of lawyers who take contingent fees
was probably never before large. The objections
which were once made to this method OF compensation
are not now frequently heard AID the courts arc oen
called upon to enforce agreements made for lids blnd
Of compensation ore difficulty in such cases Is that
when client who has made an agreement To give
an attorney a portion Of the amount Obtained "i>i"s
to change counsel 1t IS difficult 10 fix the rights ct the
respective lawyers. Judge lngraham few days ago,
had before him case In which there was change OF
attorneys lie said that It impossible for the Court
to fix the which the first attorney Would be en-
titled until the amount 10 be recovered IN Inc SUIT
was nsceriained. II would be hardship to compel
the painn to pay Il certain sum In ready money rs
81. would hardly be able raise the amount required
Judge mcraham said that lc wond allow the eoiHpeh-
-aiion to L. fixed ut certain sum- when WOMB "'
first len upon any amount recovered in the action or
n, woud allow tho amount Of the Zee TO bc deter
mined after the amount recovered had been hsorr-
tau,d the substituted attorneys 10 supuate mat 'he
amount of recovery should De subject to the Hen OF
The first attorney. This method will enable the Law.
yer who takes ease ON contingent ir" !" no i,''
WI assured that If he laborS diligently he cann" nn
deilauded the result OF his work by ccnt who
changes hi, mind ana desires to obtain new attorney
Can lawyer conscleniionsly defend an accused
nerson whom he knows to be guilty l. one OF the
question, which the first lawyer u the earliest ages
NAV Lave nsked, but it Is still debated IroiesSr
George D. Watrous OF the Yale Law school, has IN
the current number Of " The Yale Law Joufhal an
article in which he takes the Affirmative OF the tme.
honorcd question. 40 one can doubt the mgh moral
standard Of the writer and his conclusions are thcre
fore more weiglty. He seeks to show In The hr>t
place that lawyer can seldom know that Ms cheht
+, guilty. This part OF his article IS, as he coi''Se''
no, free from casustry, but when he assert, mat even
n the counsel has such knowledge h. has Il right 10
900 that his client ha> all the protection which the
law allows In his own defence he i bold and earnest
He of course, rprobatcs any such acts As faorica-
tive testimony spritins away witnesses and makes
strong attack The tco frequent practice among cnm
inal lawyers Of asserting their personal BELIEF In ther
clients innocence H. method OF perSmdinS Jury
II t. however. the writer holds. no duty Of ia"yer 70
Withhold from prisoner the presentation Oh ms
Evidence he may he acquitted. There Is not huch
doubt 10 practice among LAWYERS Of deienains me
guilty a. freely the innocent. but II Is not always
mat they can give such good reasons for doing so as
Professor Wairous does
Among the recent uctl>iNN' dhc'N'e "''"'' VI 49,
day ufp is noted that OF TIE Utah supreme Court that
a hothcr may recover damages for an injury To his
foot from stepping on pcco Of broken glass bottle
I'm tile water at a bathing resort The proprietor was
in the habit Of having his look over the bottom
Of the lake in front OF the bathing house and remov-
ing injurious articles. but they had neglected that
dutv for a day or before the accident and the
proprietor had 10 pay for the negligence. Another
decision which Will bring Joy TO many persons inelua
ing A considerable number Of lawyers, is that given a
short time ago 10y the Common Pleas General Term OF
Hi. city I'm which II was held that failure To pro-
eide an ADEQUATE elevator service was suihcent cause
for non payment OF rent il Is fort unatc. III View
~ ts Itcl,lon that the Government dV not attempt
10 collect rents from tenants Of the United states Conrt
housr where, chronic condition OF The elevators Is
t,tcr u,nl.ssno>~ and LAWYERS who visit the Law IL
Irnrv have the iron stnirways
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