New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-09-18
FROM BENCH AND BAR.
GATHERED AMONG THE COURTS AND FROM
LAWYERS

in the Legislative reapportOnment case, does noe
necessarily have an effect outside Of the judicial De
partment IN which 1t rendered. but as u Is ue
ONLY expression of the judicial opinion the subject
lawyers generally cannot but regard IL us auOor'o
until II is reversed. Judge Lewiss opinion was es-
pooIaIlv interesting rom its careful consideration Of
Tie question as TO whether the extraordinary session
OF the Legislature was the noxt' session wltun the
meaning Of tie Constitution. The We" TIE 'ah~ 70
which has strong arguments 10 support IL a'ho'i'u
Judge Rumsey, at the Special Term did il ooisuer
ID wdighty The Apportionment law Hsen Is oesNK
mated chapter 307 Of the laws Oh 1917 anu any
acts passed at An extraordinary session are always
included in the session laws, and are Qiten anuaen
to being passed the session Of the year IN whon
they are acted upon. Just II they had been enacted
at the first regular meeting. so far rs II appears
by the published reports Judge Macomber, who wrote
the dissenting opinion, did not discuss RMS question:
but simply thought that the Inequalities wele n9t
sufficiently great make the whole act LhVanu'
Judge Maconber Is candidate for reelectloh tns
year, and may receive the support of all parties lie
the opinion Of Judge Lewis in this case gave closer
review OF the legal points than ala that OF JnqSe
Great interest is manifested In the probable result OF
the appeal which will undoubtedly be taken 10 the
Court Of Appeals.
The regular session Of the Court OF Appeals begins
two weeks from tomorrow. Even If arguments were
heard almost Immediately, decision could hardly be
expected until within month or less than month
Of the day of the election This would leave an OK
tTemely short time for the necessary changes In dis
tricts, and for the nominations for Assembly under
the old apporonment, II the new apportonment were
set aside 1t IS possible, however, tat the Court OF
Appeals may view the matter differently from the
Special and General Terms OF the supreme Court II
the Court Appeals should decide that ex raordl
nary session could pass reappOrtlOnment bill under
the ordered at the regular session. there wouid
OF course be way Of preventing the election under
the appointment Of thirteen years ago. II, how
ever the Court Of Appeals decision should DO that an
extraordinary session was "next" session, but that
the apporiolmcnt WINS too unequal TO be valid, an
other session of the Legislature would probably be
called by the Governor new apportionment bill
assed ami perhaps some changes made in the cleo
ton laws providing for shorter time between the
nominations and the day OF election Tile General
Torn decision wns long delaycd ana ueic may ,, Dc
oven II the Court of Appeals passes upon the case at
the earliest practicable moment.
Few lawyers fortunately, are examining the statutes
very closely to find out whether all the preparations
which are under way TO keep out The cholera are
strictly within the letter Of the law. The quarantine
law passed at the last session Of the Legislature gave
some very wide but Indefinite powers to the quar-
antlne officers. Nobody has vet brought before the
court tho question rs to whether OF these grants
are vague TO De effective. and II Is 70 be hoped
that no attempts VII be made TO interfere with tho
effective work OF those who are endeavorlng to keep
out the plague. The lawyers who havc been most
active IN opposing the regulations OF the Quarantine
officers have probably not added to their popularity
utside Of the residents along the Great South bay
Mr. Reid had an unfortunate quarter Of an hour with
the Governor and Roger VI. sherman only added to
his reputation for ingenuity and not to his legal fame
by discovering a kind OF habeas corpus By which
a person who did not want to be released could have
decision AS 10 the legality OF his restraint without
being brought before tho Judge In the usual way.
some great damage % follow or ives be lost
in the course OF carrying ont the Health Officer plans,
interesting legal questions as Ia whether he had ex-
ceedd his powers might arise but In the present state
OF public sontmen; II would probably 90 hard with
any attorney who tried 10 limit the range Of the
quarantine officers power In the face OF the great
public danger.
The recent prize fights in New-Oreans afford a text
FOR an editorial article In "The Now York Law
Journal" In which tho liberation shown for such
hbitons is severely criticised. The courts have some
times called 10 pass upon the character of pug-
lstlr contests and In recent Ohio referred 10
I'm Tho Law Journal" the difference between
prize yi1t and a boxing exhibition was held 10 be
matter for the decision OF 4 tiry. The laws against
prize nghting In this state have recently been very
strictly enforced 70 far as the actual exhibitions
concerned but the preparing Of the challenges for the
fight, the posting OF the money and the transaction
Of other business connected with the fight Is carried
on In this state without much Interference by the
authorities. II IL perhaps true. The Law Journal
intlmatcs. that public sentiment is not rs strongly
aroused against this exhibition OF brutality II has
been against others In former years but In this State
M least thrre Is ntlo 10 find fault with the
srlctness Of the laws the statute books with
the caro- exercised In preventing such exhibitions.
The laws against betting prize fights are, however.
practically a dead letter. II may not be- generally
q
holds the money wngered Is committing misd-
is practically dead letten but the more important
statutes against engaging in a prize fight have been
effective In breaking up the worst Of these exhibitions
In this city.
English lawyers and law journals are still discuss
Ing with interest. the recommendations made by the
council u Judges which met several weeks Many
OF the recommendations made by the judges concerned
matters Of legal procedure, the quicker decision OF
cases. and the distribution Of the judicial force among
the several branches Of the higher courts The sug-
gestlons rs 10 appeals In criminal cases were among
the most interesting OF the councils conclusions.
There has been no appeal, heretofore from the YER
diets In criminal cases IN the higher trial courts.
The 'London Law Journa" IN approving tie present
system SAYS TO introduce a universal system Of
appeals against convictions would be 70 lessen the
responsibility which NJ present rests not ONLY the
Judge and jury at criminal trial. bnt even on the
witnesses and the counsel one immediate conse
qucnce wUud bc an increase 0t convictions In doubt
full cas"s, which may be described as 'On the lire
This md tho fact that the poor would b" unable
to hive the advantage Of an appeal account OF
the expense are tie principal arguments mado against
criminal appeals. It Is also sravcy said 3" 1t would
be cruelty 70 a prisoner and cruelty Ia prisoners
friends 70 expose him twice to the anxiety and gnominy
which trial entails" That l. Il man Is wongfully con
vicc he saves all the Nlety OF second ;rta by serving
his sentence without hope OF appeal The English judges
oil. IN
advise the Home Secretary who Is practically the
only appellate authority IN criminal cases. II Is also
recommended that n court be orfani7ed for the re
vision ~ sentences that a convicted criminal may
appeal from extraordinarily heavy sentence. The
court Of revision NAV Increase the sentence instead
n diminishing II, that the convicted person who
appeals takes the risk of "A heavier sentence than that
Indicted ny the trial judge The wisdom Of appeals N
country, and the English arguments against that
course DO not seem weighty.