New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-11-13
FROM BENCH AND BAR.
c,TurIED FROM LAWYERS AND ANON"
TUF COURTS

r. GATHERED KUN Inv i'-i'' -'-'"
THE COURTS
,.,..,,,r Doy had fewer incidents and fewer I'm
-, results In the court than among the co'
unity at large. None Of the judicial lo''''o"' "
mum the citizens Of this city cast their votes
Va Infested for except the civil iusticeship In me
wa n,s,,4ct and there the contest was ONLY nominal
-, election Of Chief Justice Andrews gives NV
/"~,r, Of Appeals digniicd and able head 'u's'
w.. had earned his reelection BY years OF i"i'
Wv aod courtesy as a judge. and the selection VI
'sd,e Glcgerch met unanimous approval Inc
s,acron q Wauhope Lynn TO the civil Iusuce""p :"
G y, District had been almost taken for granted DO
Wv N,s,r4ct is strongly Democratic, and Mr. Lynn y
-" u, ouy extremely popular. His service as an d.
p,n DistricAttorney had been an honorable One
80 several times "broke the recou IH 90 cn,rt
snU ,be dispatcn of business at the terms VI 800
ID r he vas prosecuting. He is LAWYER GI goa
.aVdlng and has few II any equals ID N""i lev al"
sa,Nrence among the civil justices Of tle Guy
mo supreme Court Judges decided al the last
..,snt that they had the power TO SIT on hleouo"
n Int their services were not needed III any '"'e,
,h.r OF cases Their action In opening the couV nv
=, Granting orders may have prevented lh'us"'0 =.
-1.alous inspectors Of election IN some 0"se''
- az any rate an additional safeguard against al
,,,,orr rulings OF inspectors. and was spprecia"u
, W., ol complaining citizens. The United States
"! -. also were open to receive complaints from
ro who considered themselves aggrfeveo ny INC
tin OF the United States Commissioner ouV "0
eo.e. rcqulrfng their action arose. The I"u'o'' ap
na-eotly did all that was in its power 10 pre''"' 49,
- nm IN. part OF election officers. me courts
- thor parts OF the state reinalhcu oy y ,u,a
rcion Day and the week Is largely Drohei h my
nv the political excitement, mt'i7 Id"et until the
W ". wa, transacted In the conrts, III I'sI "! ,as
latter part Of the week, when the NoVei''r Vo''' w."
well started
, r.0 ... q. constitutional amendments Is not usually
..rr disclosed for some time after the election. Inc
, reoures the approval Of majority OF the eeoo''
ho vote for Assemblymen. and 1t Is possible ul"'
- vos NOT sufficient Interest felt in the subject
=, carry the amendments through There WIS Ho
orc,nized opposition TO any OF the amendments al"
aS, -, the advice which had been gwen TO voters
80 favorable 10 them. 50 that most OF uIose VIM
,otce at all on the amendments probably Vo'ed III
sr ~ Them There was. however. considerable
c,,ncsp. especially among lawyers OF the t"o '"'
nor,spt amendments and If they are delca'ed unc'o
v,u probably be little complaint Inc huuoeI VI
snpreme Court JUDGES in this city IS hardly S"n'lon'
,or the work TO be performed but III some VI '"o
,-v districts the Judges hold short terms ana th'F
- - u,tle occupied II an amendment could nave
ien submitted allowing only for the eieC.t"" W
d,tjonal judge In this department anu 1ae I'D
SortrooYt If would probably have been p"a.'D
S,So~t the opposition which developed 70 Ne Anym
ment as finally submitted II was SO cun5' v have
as 10 he ambiguous. ana IL WIZ ""''NN
10 be construed by the courts
Dfcu!ues arising from such careless ieENlHuo" 80
led TO the awkward phrasnG of the cohS''"''o""'
amendment relating 10 the judiciary Is hot n''H'u ~
,, State There has teen trouble In California oNer
" I.w which the supreme Court Of that state mas
,osssd unon In decision just reported. The Con
= stltruoa adopted in 1870 provided that ae' '.''
state Senators first elected had closed their terms inv
districts should be so arranged that the twenty o'''
lrr even numbers should elect Senators at one u''
and the twenty bearing odd numbers TWO va
after and that all the Senators should hou o'c i''
four wears At the end Of ten years there was 10 u"
new apportionment OF the districts. but nouhs was
said az 20 what was TO be done with the senators
whose terms would be only partly completea ii, ."o
time the new appOruoument was mace H"" u w
Senators would 60 out of Office every omer Se"! oD
all would under the constitutional provision DC
for full terms OF four years. The Legislature, ",'.I
the Of 1880, endeavored TO carry ou' u.
rrov1dirg for new apportOnment. ana chahtru VN
senate districts The districts were aiiaI'cu ~ 50
wav ms to shorten the term OF one set OF thSt
The senators be iDtcrfeTed =. with be ar ar
term for which they were elected. II VIII o Carp
fcult If not impossible for the LeciSstnrc 20 ais
ont the provisions for equal division OF tne tb
vActs according TO population without bnco is
terms Of the Senators. and unless SOM e,ate can
made in the Constitution only half OF the S'ac "
he redistrcted at any one time
The treating" Of Jurors TO cigars or meas mas
often been sufficient for setting aside veioi
In Mve- o, those WHO We're thus generous ID NC
Jury. but It has been held in a case wti'h '"'
supreme Court of Kansas passed upon last month r
Jurors are not always susceptible 70 I''"e'0
that few cigars coIld lie held 10 affect thei Nc-
Dict IN that case the jury was passing upon
dispute between citizen and n railroad company
and # became necessary 70 inspect tho place whore
tho railroad was but across tho plainuH's iaNo'
The plaintiff WIS not az home, but ne had pi"IHs'l
the court lallir. who accompanied The jury Mt That
Tine box OF crals for some previous conr'eN' ,
The banif while tie Jury We're AZ ." pace. caA''i
f,r his box Of cigars an1 the plaintiffs "ie pA>s'l
them around and each Of the jurors took one or
more The inrorS IN subsequent pr''ecil"e ur,
rlarcd tlat MS conduct DID not inhuenc" item, ana
pecesSsyilv a reason FOR new trial Tho supreme
Court IN one Of the Eastern state has hed ~.
the person who furnished the cigars.
"The American Law Review in its current num-
Der qnoes largely from the interesting papers pre-
sen'ei at the meeting Of the American Ear Assp
clano, IN SARATOGA last August. but It has Other
contributions which, though mOdesuy paceu at Ue
rear Of the volume under The itle OF "correSpoAn-
ence7 d, in the "Pullisher's Department. are
more Interesting than the longer and more prom
nentlv displayed articles. In the correspondence
dep tmen there IS included letter from The London
correspondent Of The Review who Is an exception
ally able and clear writer. and who gives graphic
running comment on the matters mainly discussed IN
English legal circles. in the publishers department
there is a continuation Of Judge Thompson's bright
and humorous description Of his experiences IN ice
lard and In other parts Of Europe last summer. y
discussion has arisen between the editors ard cor
respondent over a statement made in previous
number Of "The Review" 70 the effect that there was
no legal foundation for the statement In the Demo
cratic National Platform that the Protective laIit
wa unconstitutional. The editors, although the
chief one Is a resident OF Missouri and, as they
say nclnng b the Democratic rather than the
Republican views OF the tariff, maintain In this mum,
Der that there is authority for the statement That