New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-10-23
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS.

followed in the nomination last week OF Judges Cow
ing and Giegerich. Judge Cowing's SELECTION oy III
political opponents tribute to his ATTRACTIVE pc
sonal qualities. as we'll rs to his careful per
tornarco NJ his duties Judge Cowing's unfainf
courtesy and kindness OF heart had secured Tor MN
many friends that he would have been dangerous %
ponent for any one who had been nominated aga'N
him. Long before the nominations We're "n"o"n0'"
hundreds Of voters, who were politically oPp'seu ~
him. had expressed openly their intention OF suppo'.
ing him in any event. some of the Jurors WIZ Ia,
served before him had prepared 20 send peFSo""l
letters to fellow jurymcn reminding them OF inc poo'
qualities OF the City Judge and urging them to give '
unanimous support Peculiar Consideration FOR o'hcr'
kindness of disposition and bs)ue fairness ad pee"
so marked In the discharge OF his oniclal u""e' '''
every one who came In contact WIN 'uusc W."
ing became his friend. The judicial experience ".
Judge Glegerich had been much shorter thih 'It VI
Judge Cowing but he IS well liked by lawyers lha'
none OF the judicial Offices this year Will be seriously
contested for Ia matter of congratuaton to those VINO
desire TO see faithful judges continued in once
The confusion and uncertainty which existed lor
time As 10 whether last Friday legal hoIuay III
this state were hardly justified. as the ii" sce'ie
plain The general holiday law, which was een'. V'u
a, tho last session. provided that certain fixed DAYS
should be legal holidays and also any Gay "men ~
Governor Of the state President OF the 'hi''u
states should set apart day Of THANKSGIVING ii
fasting and prayer. other religious ooscr''h''
The Presidents proclamation Of July IL puOhsneu IA
the newspapers OF the following day, while hppoih's
the day as a general holiday, and making the schoois
the principal centres the proclamation cohu'"e'
this sentence Z" In the churches and othef ph'''s
NJ assembly let there be expressions Of gratitude 10
Divine Providence FOR the dcvout hith OF te us
coverer and for the Divine care ana guidance "icn
has directed orr history and 50 abuhd"huy Oieseu
orr peop,er The banks, which We're especially III
tercscd in the holiday question. on account Oh ut
maturing Of notes. long ago called on their COUNSEL
for legal opinions as 10 whether the day became
holiday in this State. The counsel for the Clearing
House Association and lawyers privately cohSui.'u
nv leading bank officials united In the oplhoh '""'
tho dav WAS one appointed by the President ms
day OF thanksgiving other religious oDser'aHoc'
and consequently n legal holiday In this state. IL
looked for time II the opinion or ATTORNEY
Roscndale which may have been hastily given wouu
have weight and That the Court OF Appeals wonid 10
adjourn The bank officials were for uhie moie
confused than ever, but fortunately the court "a
Appeas decided 10 observe the day rs honuay' ana
the banks were So sfed with this semi-onlcisl In
orement by the highest of the position adopted
by their counsel
Tile session laws OF 1902 finally published last
week after five months Of causeless delay. Inc laws
are contained in two large volumes, and are more
voumnous than any of the session lnws for twenty
years The general laws prepared BY the revlsere
occupy ~ course a considerable proportion OF the
space These long statutes. each Of which covers
scores Of pages. adopted practically "i''0u'
examination By the Legislators. whether the lave
previously I'm force have been greatly altered VIII n"
be- known until they have been examined and tested
in coming years. The laws. other than those pre-
pared By the revsers In number and length rather
below the average OF former years
The Court Of Appeals. in decision given last
Tuesday sustained tho theory Of the Interstate eA
tradition which has been contended for by the
state authorities FOR several years. "eTge W. ros'
VIVA brought TO this from Wisconsin on charge
~ Grand larceny but after his arrival In this state
the charge Of grand larceny was abandoned ana All
Indictment wac found for robbery. lie SOUGHT w
srurs his release on the ground that the State had no
right to try him except on the charge on winch ne
was extradted The Court OF Appeals has decided
TINT the state was not restricted to tie charge men
,,,.d f., the extTadltion papers. The rule has be-
,om. we'll established that person VINO mas beoh
cx,rodit,d t,,m Il foreign country cannot DC Ul'u
exccpt Oh the charge which the eXtraditi"A pro
c,odlngs were founded. II that charge alIS ne hus'
have reasonable opportunity to return to the cou'
ty from which he taken. The court DECIDES tha'
in Interstate extratltOn the rule Is dlneieht' INV
ing been brought within the jurisdiction Of the court
he can bee tried for any offence which he may nave
committed This decision il in line with the opinion
~ many Of the best writers extraditlon' bnt Il
opposed to the practice in some of the states.
Assistant Dlstrct-Attorucy John ID. Lindsay had
occasion lately TO review the question rs 10 ""e"ci
perury may be- committed on an examination Ill sup
Elementary proceedings when the oath was admin
,s,ered bv the Judge but the subsequent examination
tool, MACE out OF the immediate presence OF the
Judge and the final oath was ADMINISTERED W
notary public. He has come TO the CONCLUSION Una.
In such a case false statement cannot d. Pu'',"'
as PERJURY II Is common pracu'e io' eA"ni'''uo'9
in such cases to he taken in room apart from tna'
in which the Judge is sitting ii the EhsiiSh o''o
-, which Mr. Lindsay relies Is controlling In The
courts of this the time of the judges VIII De
largely occupied in personal nearing VI SUN w
aminatlons. The present custom Is ooh'e"io"', MI"
l. almost essential the RAPID dispatch OF business
hpt II thcre Is no penalty for false swearing uhd'r
, c,rc, instance, the examinations will probably
,a,o ,o 90 ON I'm the immediate presence OF the
judges.
.Tho thanking Law Journal of October dcvotes
ob s,oce +, a discussion Of Congressman liarter
pnn fo- different bank currency from that now III us''
r, r,eol of the 10 per cent tax on state DaiA cur
r.ncv is vigorously opposed. Mr. Harters safe
ment that II the state banks issued ho'e' "i'"o"'
nropeI security the notes would not cHcula'e' 10 IT,
nited without going deeper into particular 'o'
SONS, "The Journal says, 10 seems ooIe'uo'"', ~
-, nature Of things that community OF states whose
uconle deal together a. II single cOhhercHh oo'"
1T, .ho,'d t.. Viewed rs foreign powers, respect
ing thnt vehicle OF eNchang,. bank currency, :, .,
- may cstabIst lis own currency system anu reHu,
,ati"nS ire prctivc OF any other Inc PROVISIONS VI
in. prCposed Ilarer ill In relation ID te SninSe u.
,h tnrrn Of .ecrng National bank note circuhoh are
I, criticised Mr. lIar,srs address bsfoic the Alrri
cnn Bankers A-sociHdpn Is printed III iiii III ny
I,"rnnl and n summary OF som" OF the slate nWs i
n,hii. he'd I, show how far the states al present re-
trct the issuing of bank notes aside r'n' TIE '"'''
M tie Natl, nal taN
The reduced rates for obtaining patents IN "fe"
p,,o went into effect with the opening Of the pres
~, ,nonth Until 1852 the patent fees III "reat
rr,to,n were enormous. An Inventor waS ohiIS'o 10
INV IN. equivalent of over 900 for England FLU or
oo,,o,d and over $500 for ireland or over loCo Tor
the entire country. This method OF obtaining TIE
uotcnt was as) exceedingly ih'ri''"' i"' ''"'"
To- boop greatly smplihcd In recent years and now Il