New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-05-08
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND ANONU
THE COURTS

TIE COURTS.
Additional criticisms continue to be made OF the
work Of the Legislature in passing bills of doubtful con
,titutionaIty The womcns school-uifragc bill and
the Reapp,rtlonmcnt bill have objected to n IN
violation Of Constitutional PROVISIONS and the act pro
yidlng for Constitutional Convention to be held next
year has again been the object Of attack. The pro
vision for the appointment Of several members II the
Convention BY tho Governor is the principal ground
Of criticism. The Constitution plainly provides for the
election Of members " the convention. The advocates
= the bill declare that the selection oi the member
In any method fixed by the Legislature is equivalent
to their election. but the opposite view has the stronger
support among lawyers. II the next Legislature does
not modify the law the whole act may be attacked
in the courts. 1t Is possible that tho majority OF
the Legislature desired only to appease the Prohbi-
tionistS and Labor party supporters by pretending 10
provide them with representation In the convention.
but with the knowledge that the members chosen By
the Governor would not be allowed to take their seats
II the courts should decide that the appointment
y the Whole plan the lest Of Of the law providing
for the election of Of delcs9e, by The people might b.
sass rejected Ssay ana year year VIII pass before the
election when other officers chosen. 1t
IS to be- hoped. therefore, that the delegates Will be
chosen from among the citizens HAVING the highest
repuo for sound judgment and knowledge OF political
affairs. without too much regard for party Affiliations.
onal convention as among the highest privileges they
may enjoy in the course Of their professional life :
decision
as TO the rights OF passenger to redress
for insult and arrest by an agent OF IA corpora
ton which seemed almost I'm conflict with the opinion
Of the same court I'm recent case In the Muigan
case. decided not long the railroad company was
not held responsible for the act Of tickctascnt who
falsely accused Passenger of giving him counter
felt bill and caused his the action against
the elevated road decided last week the companv WIS
held responsible for the acts OF 4 ckct-ascnt who
made "A similar charge against a woman who WAS "A
passenger The distinction made that in one
case the passenger continued I'm the station and under
the care Of the agent representing the corporation
while ia" slandcrous charge was Inadc. wh. I'm the
Other case IN" agent went OUTSIDE OF his usual sphere
Of dnty to make the accusation Public opinion
Iorail"h 70 the scte,t accountability for the %
It's, p @r, o dhr decision Of the General Term Of
IN ihe case of smith against the Manhattap Railway
characeriScaly vigorous language upho!dS the right
OF the PASSENGER 10 protection from the willul VII
When .ne 'g %y "S % @e ,n
Sted that they are liable Ia have heavy Judgments
ngnin't them when their agents act In ufhany
ness Of conductors and brakemcn will become less
frequent Tn" courts are 10 be praised for their at
tcmyts to teach poitcn">S TO railway employees.
The eight days argument In the electric light case
In the United states Circuit Court of Appeals IS over
and the judge will soon begin the wary task Of
sidcring tho miscallcd briefs Of the opposing
ycrS Matters In this country are not PERHAPS 50
bad in England. but OF the criticism, Of the
English judges Of the delays and Of patent
causes might be repeated here. Could not some
United states Judge copy the words recently uttered
by high judicial officer of England who said I'm a
published opinion II seems to that there Is
something catching in patent case which makes
everybody arlnc and ask questions 10 IN Inter
mihhDlc extent. patent case. with no more diff
rnay ',n any other ease instead OF lasting SIX
twrNc In" moment there Is n patent ease. one can
see 1t before tn" case is opened called in the HIST
How it, We can see il by a pile Of book,
a. high as this" hoding up the paper. invariably.
set Tor each counsel one set for each Judge and by Tho
volnminons shorthand notes; know here Is n
patent case. Now. what Is the result Of al this
why that a man had better have his patent infrngci:
Of losing all his family by influenza rather than have
dl.pMl" about a patent The experience Of many
american inventors shows that there would be no
Nnsgcratlon In similar expressions concerning Amer
lean patent law.
\ modification OF tn" law against carrying bust
ness on sunday Is sometimes made By The courts. \
recent decision Of the supreme Judicial Court Of Massa
chuSetts gives expression 10 the Views frequently held
by conrts as TO work that may properly be done on
sunday. An assignment, which was really IN The
nature OF Il VIII, was made on Sunday by woman
eighty years old. who taken the hospital suffer
ing from severe Injuries. She transferred her property.
consisting OF some bank accounts. to trustees who
we're to support and maintain her. and the balance was
10 be given to the assignee. An endeavor was made
TO set aside the assignment on the ground that
10 was Illegal because II made sunday.
The court says that In several states IN
which secular labor and business are forbidden on
sunday the execution OF wills that day has been
ebbarod nv tho No. sant,n,, c,nt u was ,bonoh,
that 1t was an act OF necessity II not Of charity for
the woman to make the assignment. large number
OF other acts have been held not to be necessarily in
violation OF the sunday law. as TO carry the mail.
10 walk or drive for exercise to bring home cook.
u carry home visitor TO drive ones master to
church; to shave an elderly man who could not shave
himself 10 Shoc horses used In transporting the mail
when failure to do the work would necesSiiate a
delay To On" mails. and To repair the highway under
certain circumstances The question as tO the nrcrs-
sity OF sending telegram Is one which may he de-
cdcd by the court according TO the circumstances
Of the case.
James Sch0uler, well known writer OF histories
and law BOOKS contributes 10 the last number OF The
American Law Review" On interesting article On