New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-12-18
FROM BENCH AND BiR.
GATHERED FROM LAWYERS AND AMONG
TIE COURTS


belonging 10 the supreme Court Of this department
WHO are sitting In various branches Of that court III
this city IS great In the last week Beside, judge
Folet at the General Term and Judge Russell holding
the oyer and Termncr, there were Judge Parker and
Judges Truax and Beach assigned from other courts
In this city. Four out Of the nine judicial officers act
Ing rs supreme Court justices last week were not
elected TO perform the duties TO which they were
assigned. The necessity Of bringing In ont oftown
judges is usually greatly regretted 10y city lawyers
who accustomed 10 the WAYS of The regularly
chosen Suprnme Court Judges Of This district The
fact that much out side assistance is needed indicates
that there would not have been great opposition 10 u"
constitutional Amendment providing for election
Of additional dres of the supreme Court If il had
been offered 10 The people in the shape IN "hicn J,
resolution called for the ccciion Of judge, only in t,
and the second district. but it wa, changed 50 - 10
supper, in the legislature. As amended If Wa, dc
viii remain a, AT rrc,cnt probably for many years
sections referring TO the Judiciary.
Court, of varou, kind, have occupied lars" share
Of public interest during The n-l week. There have
been tle rcclou Theological courts in viii Pro-
fc,sors Briggs and smith have been on trial. Among
the cases in the court, of law which have excited Il
special public ntcrc,t have been sensational breach
Of promise case. trial In which leading inidrl and
a prominent church member have had wordy Tits and
other cases which have excited more les comment
The freedom with which the rH~cS arc comm 'nt"d on
While on trial and before any verdict Is rendered would
excite surprise tn England and in some other coh'fls
where a lawsuit Is considered almost private matter
until q decision Is given. some English rw>pap"r
proprietor, w,r, recently brought into court for p
fishing evidence before II Wa> submitted Ia. 4 jury:
IIrro mo oc,s of counsel and witnesses briOr" and
during tlal, are free subj cots Of discussion criticism
ridcc, and rho judges arc freely praised or bI1nd
There may b" question MN'''I ',' ,'' h,i
II a least prevents wrong arising rom too much secrecy
rio ir.ir into human nature afforded y The report,
gl-p T~lf
the great freedom III treating OF court 'r''S'c"o'S'
The superior Court judges have adopted this year
the same practice in The las few years. Of Ing
reserved generally" calendar and disPoSng Of some o
the o!d cases which have not been brought 70 trial io'
wears. LAWYERS may by agreement have case d" re-
served generally" every time that II appears on cal
onAar and 50 an indefinite delay is secured. Judge
tidcr,leeve in calling these this wear was more
strict than tho ohcr judges had been in previous years
and whore good cause was not shown for delay h"
.rncll the case entirely from DE calendar. 'n' OF
the Old cases which have rcappcar'd from tim" to
time dates back 10 1-5G. and one o. III" LAWYERS re-
marked that lr had hi, client for thirty l'ar>
lie wa> still however not Inclined 10 Fyr lhr ,i,r
up entirely ana every time that Il va, called had i
again "rc,.rvcd generally II VIII h"l appear as".lI
q. Iudr g. drl -locvc took ID from tie "a "Idnr About
rwothirds OF the Old g., called were iAu, dl,p1,"d
Of and what NAV bc'callcI tAr permanent calendar
Of IN, court was Tins greatly reduced \ lik" strict
nc-> OF other judges in carving ONT SIM Al P9"
would reduce greatly The calendar, OF some ID! th'
other courts. Judge Lacombe. hy vigorous disposition
of the calendar of customs case, ~ he United Sia'"
Circuit Court a few years ago, likc"is" got "a 81
many cases familiar to the preceding generation OF
lawyers.
The Ncw-York Law Journal" in commenting last
| week upon an article by Professor {. q. H"dmah ID
The Columbia Law Tines notes the tendency in the
courts especially those Of last resort, - modify The
law I'm the interests Of justice although some IN.
consistency appears in The decision, from Tine 10 time
Professor Tcdman believes that popular opinion In the
community is the ultimate authority OF the law, and
hat the demand, Of public opinion are The law Itself
he has pointed ont how at vdfiou, times public opnN
has been Influential I'm changing the character 81 Ia"
80 that that which was supposed when enacted 10 mean
ono thing becomes something very different. The
tendency thus spoken Of in the courts toward attempt
!nc 10 obtain justice m spite OF iechni al dcli",. Is
not that which (, ordinarily ascrbd 70 juds'~ MOI
much bound by precedent. and that they look rather
ir Tbr Ti,dru Xiii decision ana that In the jacob
.horp bribery case furnish two recent occasions on
which too great >trctne-s in following rrcrd"nts s
been pubicy, criticised. Ia -nch ca.'S we
S BEEN mai u ihr law must be- ,,ali~ even
9cCona in J" S ta the court. dc T more @ rray
than formerly in attempting =, secure justice even at
ndgc. mr.. lee, strictly bound 10y precedent than they
formerly were. bn' public opinion would probably Gus
,ac ,bai hard ease, make lad law has often
invoked but the public often asks whether The evil ~
occasionally laying down incorrect legal PROPOSITIONS
/, a. great as that Of bringing dIscrcdt the courts
by using them 10 effect palpablc injustice.
The Glenn n,ga'lon which followed the appoint
men, Of John ,lcnn I'm 1854 trustee Of the National
Express and transportation Company, Virginia cor
poraiiCl 0ccupic5 consdcrahl" pac" In IN" law "
norris The tuitcd state, Supreme Courts delivered
opialon, I'm the one hundred ana thlMy-hrs md on"
bunfr.d and hiry-Gfth volumes Of the United states
repors decisions Of the United states Circuit Court
,n,.ar iu twcniv-thrd. twenty fourth. twcniy-elghh
and forty seventh volumes of The Federal Reports
and varou, State Couris have also passed Oh som" o
,hc question, arising In the litigation. The l1lcd
Sa'@S ,Ie"' ".' dnci,ip in i've Of The case,
passed upon a variety o. technical QUESTION:, i'",I.1
number, Of the United states Court Of Appeals rpof,s
are occupied IN reporting me b!cI' ana on,ynnHh
Two answer, IN the3e reported opinions In on" case
II is held that n subscription 10 ~" STOCK ol In'
lion 10 Inc Stock Of ffle National EXprcs, ana Trans
portation Company In another case a si ns,
CO. The only proof wa an rh,- u i % , pl
"1annsg. Livingston co. me cour, n''u ' NV, ' ~
firm Of aus,iG Livingston 4 co COMO n"' bc n"' no
circuit Court OF Appeals there Is pC'i'N ma, HIS
extensive litigation may h"nc'ior'h DE Jess oo""'"'
In the law reports.
A vigorous aitacl, on the Russian judiciary appears
I'm fine current number OF The Political science quar-
,crlv" The author isaac a. liaurwich writes parity
from his own experience at the bar In Russia. ihe
,dcs adopted I'm 1864 were somewhat similar - the
| rr,nch code, and provided for the usual safeguard
against Injustice Mr.. Iaurvich however, show na,
Inc principles enacted over quarter oil CEN 49,
bavr not been carried ont IN ifacncr me Iuus' :
Wore ai first appointed for l!fe bat the hNrn .riS ~
the Judges abolished In l--6 Previous 10 lat
there had been nsdcrable change III thc clilac''
Of the Judiciary owing to different methods oI carr e
on the rule, the appointment ana renioN. va ~
sunr,rnc judicial body. According 10 me coor ns
originally adopted all the decisions Of lhe S,Ilhae 80
r"poried and published But for The last fifteen var t
only cases selected by the Senate have been pnDi
m. rules ~ TO the criminal procedure nave p'"
in IL. cbanc.d far fhe worse An inquisltOr hcts
~ .6rt Of Investigating judicial officer but IS usually
= rro,ccutor lie H., however. supposed 10 iooh o'.
o. Inc Interest. of the defendant but Al present
,doro f. a strong eauing on his part IN favor Oh Ih,
prosecution The appellate courts 90 o, h ~ q" he