New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-10-02
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COTTRTS

The session o. tho Court o. Appeals which opens
Tomorrow will have It's frs duty the hearing OF the
apporonment cases which by an arrangement made
by the At,orney-C General will Immediately before
It. The two General Term opinions were at variance
and both cases will probably be argued concurreny.
The opinions OF Judges Lewis, Dwight and Rumsey
against the consti,u'lonai;y OF the reappoTlionment
have been widely commented on and are In line with
the Wisconsin. Michigan ard other cases. Judge Ma
combcrs dissenting opaor at the General Term IN TIE
Monroe County IS probably the strongest areu-
ment In favor OF the constitionall;y OF the act He
however says " This action cannot be approved oy
the By honest and rejecting legislators who
must for the mcmcnt have WEAKLY yielded their judg
mcnt 20 the Stress OF urgent legislation" Yet he
thinks that the wrong committed by the Legislature Is
not sufficient Tor setting aside the whole reap
poronment. The legislature, he says, adopted no
unconstitutional methods. 1t did not divide any
county unless that county was entitled to two or more
Senators. The districts contiguous and the AS
sembly districts divided in making up senate
districts. He thought that inaSnuch As me LcsIs
lature adopted constitutional method the error IN as,
signing three Assemblymen TO smaller u!s1tlos " .,
lag ones remained unreprcsented was not sancie1
tional. The courts In other states nave been t NOR
particular in keeping the Legislatures strictly wi'hh
the constitutions provisions ana II remai 20 Se
whether the highest court Of this STATE VIII ehueaNO.
the appellate courts In other states nave 10 ppNt
laure TO strict division Of districts according 10
population
The court year, as it is called, Will begin to'mor-
row, the several General. Special and Equity Ieru'S
Of the court being open for TIE first tme since 'uHe
Most OF the judges returned from their vacation some
time ago and lawyers and lltgants are ready lor 'c
legal contests OF another year. Tho caehuar' ~
the appellate court, nearly cleared at inc Gnu
OF the last year. but the new calendars recently orncu
arc large. In ia. Court Of Appeals there Is an
unusual number Of criminal cases 81 lmporuimce ~
be decided among cther ne appeal n ha ,re alone 10
do the work OF kcc ping up with the calendars, a. 1nc
second Division ended It's labors with The ucciS'o''
filed yesterday.
George +. Comstoct, who was Mt ono time 'n'l
Justice OF the Court Of Appeals, and VINO aieu "S.
week. retained his mental vigor almost to inc tc Vi
his death. although b." was in his eichysecoho year
His judicial career was ended before most OF uc
members OF the present bar in practice FOR
thirty years he has been engaged in the private
practice Of law and WA frequently retained 10 pioe
cute appeals in important cases lie wa1 i,n"
In many warmly contested causes i', ', n7 NJ,
had great weight with the appellate r.Duhiis ~
had an lnd"pcndent fortune rom ms DISHES lhuo
but did moi neglect his legal studies even at an
ndvnncrd age. Ills appearance in the sharp case
wa4 the latcst act which made him prominently KNOWN
In this city. lie ian soic" ~ ~ ,,,lic Clarifies
exterior. but WAS liberal III MS Eliu' - P'o'0 '
at syracuse.
Grosvcnor p. LoNIcy In the current number OF me
Green Bag continue, his valuable sketch OF the HE
and work Of the late John r. Porter. The estimate Is
especially valuable a. coming from distinguished law
yer Who was for liio,n years a partner OF "u'-'
Porter and facts are related which could Bot wei" nav"
been leari 90 from any Other source tn" rflus" oi
s5O.OOp retaining f. a. the Tweed case j. one o' l''
honorable incidents which l. related Mt LOWRY "lsD
tells how il happened that Judc' Porter WAS retainer
fl, m. chief prosecutor ~ Charles j. Guteau Pfe'l-
don, Garaola's assassin Judge Porter had been feel
rn the nc,c-i., of lest ana had been advised bS hS
rorncrs 10 decline 30 professional employment Tor
year When hc returned from Europe after MS sum
NOR vacation however Prc-lden; Arthur sent Tor MN
and made personal appeal to him. based upon ''
uccular circumstance, ~ the case, to assume 'h' IT,
.ponslbic direction % the prosecution Of 'he h'"r-
aerer Of President Garfield . While this paper
was being written Mr.. Lowrcy con
,lnues. Il learned nom Nr. "'l'''"
,ncr uuflcr fact which believe WAS not known 10
dc, Porter. and which would In part account Tor 'h'
urgency which WIS used to indu hni 10 t'he par III
the case MIR Butler tells me '.at ' WnS ~ ri1nt
10 the whit, Ho0-- during ih' irrl' "H,n ~, 49,, m'
Arthur to,d him Of ID A-t knovcge "i Judsr r2r,S,
II seems That lI."- N''."I ,,1ti, the circuit Court
,,as IN So, on ana rl! - urosros In which lo'er ter
wa, % counsel II" DID not hnow F1t" ann n 80 mill i
n, nm aware. never acd.aih''u WI" iI, u
,,e, met In respect - tho Guii,au cast" me result
f i1nL SARATOGA tnuuy trial. however Nts unlt S",7
,,l, resolved ih, = hc was over IN irohDc' OF ''u
b.. '.r,..s AT .fN.rg in matter oi great lmp"'l
'.ce h. would not ll o. retain lhor ~ we 'un",'l
,,.on ba had SD much admired. II Noy Wore 10 "r
!, a.. under 'f. Influence OF mis- recollection
,, t lid io IYdr. Porter Judge Ppst,r's severe
'aio-a and M. rrr,ol- strain % winch he vas s1n
."." -, h t~'i ,,..uletcd the breaking down of MS
!ytr CO That he no,.r resumed The practice OF INV
aThc Green Bae'" or sept mber also contains
etb o, some of me Judges Of the superior court Vi
,ti, city as u existed DO 1879. II Is illustrated oS
,-odurtlon 81 a photograph 81 the judge. s'tihS III
.r,pn The superior Court at that time was at INC
b.,,bt of f., reputation. Among The Judges were
.ri.,r,.. l. oakley. John Durr. Murray Holman al"
lo..,, ro.v rtt At of the Judges who were then
.t,une In the superior Court are now deai' '"u-'
uo.rorti survived most ~ b. colleagues ioT mum
i..r of wears judge Dues reputation IT. J"''a' "
.,,,,. H., blrh Judo. llonman'- legal pupAcauoi'
hayca well csta' sheet reputation a'iu ~"u. ~ KARI
wa, highly regard. b, tlc n''y't' o, n,onLcr. nj
i ,r tiitfy IKE wear ac,. are les well kilo"n -
ufartitloncis d. the pr, ,yn DAY nc cot IN, 4,
an aonoranc n' TO- ' hav brn absudonrd least
lor The pr'-eit Professor Nismor 1' . s "n
i. s,.ieu of old japan and sketch OF the Supr'"t
,gsar - Krlan.a. ar tie other notable articles In
The Green lag
D.. The New York Law Journal approves exrludSc
billions remarks In Dis address - tie American DIV
Association. in declaring "a, sound legislation s'a'"'c
r,.ort.c t,..ed la Georgia. allowing one party To
clv!l action t. pat tic opposite party d" III, wiz
stand and subject Inn 70 thorough eAanihAtloh VIII"
the further pfsi!c-' n rIoa'cAAm''''loh' i"' i""
+. certainly q great departure from previous legs-
,,i, f., mas of t,,, states. There Is, Of course Il
limited light to obtain certain Information in some
case, from the opposing purity in beginning litigation
but the rule has been closely guarded ana The "c"rS'
Inv seems to be far in advance Of anything elsewhere
attempted. Tie conservative opinion among ""9e''
,rId probably be that the Georgia statute goes 100
D. g. #. ,royi.iors To allow n witness to be eN-
mined and cro,s-eNamincd by the opposing parry "
the .ut would lead great difficulties "heh n J hit
came TO consider The "ciSh 81 ',o onetlIng If
rLr iurors might De asked TO believe sOnethlhs ~, W.
what The wines said while he Woula v, NitoIU'sN
,c.cd nm Other pDn' s, and the minds OF the Jurors
could pobably be- confused. Perjury might disp pc
cnconrigel and there Is "A feeling 81 flhe9s iioi'n
mon which make il Tcpugnant that a man snJum W,
nnelled ry nj antagonist to disclose nus own Cl9c
"a n time when he might not choose - yen ~, an,
'w will probably not be extensively adopted III Quiet
: tatcs at present.
II may he we'll to in'orm passengers on the e''aeu
roads OF the new protection Afforded to thehl u! al
amendment 10 the Penal '"dc "uoP.o' y, "'o
LEGISLATURE one paragraph of section 4lo Of the
a., ,,,. rrovidc. that any conductor brakeman or