New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-02-21
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS.


controversies oyor the contested elections OF last year.
| The County Clerk escapes punishment on the ground
partly that the taking Of the returns from tue STATE
offices authorized By the ofhclalS 10 whom inc
papers addressed. Judge Cullen also points out
tie theory on which Judge Maynard Will undoubtedly
seek to escape from the criticism OF Ids act In taking
| the returns from the desk of state Official lie VIII
probably say that the counsel for the state Board
OF Canvassers he had the right to act for the state
officials and had tleIr implied IL not actual consent
to do what he wished with the returns addressed TO
| them Judge Maynards ,acrion WILL undoubtedly
subject him to attack II he becomes candidate next
year for full term OF the Court Of Appeals Judge
| ship, which lie now holds by appointment. Under
the peculiar and unfortunate method which prevails In
this state, the judge to be elected next year Will be
the Chief Justice In many states the Chief Justice
| is taken from The older and more experienced men,
bers OF the court, and the newyeected judge takes
humble place on the bench. In the present con-
dit0n OF political affairs there is little probability
that any OF the older Court OF Appeals Judges would
risk defeat at the polls by becoming candidate for
the Chief Justiceslip and TIE new Chief Justice VIII
lie lawyer OF experience, little experience, as
a member OF the court which he will preside.
The appellate courts being in recess, the trial
terms have occupied almost exclusively the attention
Of practitioners for the past week Some OF the cases
on trial have been important Tie proceedings on
the application for the appointment OF commissioners
transit lines proposed also Of great import
nnce and caused the attendance Of several disn-
gushed counsel. The third Of the year beginning on
March IS By the busiest for the court lawyers and
preparations for 1t have begun. larger amount
OF litigation Is passed on in that time than in any five
SIX months at any other period Of the year There
are few holidays and the approach Of the summer
vacation makes lawyers and judges alike anxious To
finish fur possible, the work Of the court year
before the summer season Is at its height the work
OF preparing briefs appeals often deferred until
the summer months. hut the tendency Is 70 hasten
the trial e reached in the spring calendars.
The delay in confirming the nominations for United
| states Circuit Judges has caused little disturbance
in the work Of the Circuit Courts Of Appeals. Eight
nine months have passed since the courts were or
ganized But little work has been done in some Of the
circuits. Judges Wallace and Lacombe have been in
dustiously at work In New York but they have felt the
need Of additional assistance. The opinions Of the
United states Courts CT Appeals to be collected In
series Of official reports. the publication Of which
has just been begun. samuel a. Blatchfod. the son
of Justice Blachford, Is the reporter and Banks Bros,
who publish the Supreme Cour; reports. have printed
the reports IN style similar 70 that used In the
Official series containing the Supreme Court decs ons.
The opinions delivered in the various circuits arc sep
artely PACED In the pamphlets issued that the
p0rs each ggt nay be bound ndooG P , 0S
cal publication Of the opinions OF the high courts In
| England
The request made by j. Newton Flero, the president
Of the State Bar Association, for free expression Il
opinion BY lawyers ~ 10 ccrtnin reforms proposed by
| tho association should meet with general response
There Is certainly wide difference Of opinion among
lawyers Of the matters discussed especially
10 tho increase in the number Of Court II Appeals judges
and the adoption OF the Civil Code While all lawyers
believe that there shoud BE- permanent relief for
the Court 81 Appeals the supporters Of the two systems
81 granting that relief warmly opposed to each
other a. they ever were. one section agreeing with
/ 81 Indie lie lot .. Hiatt
Ing appeal, and widening the jurisdiction Of ntcrme.
dIatc ooirt, while the other party believes the true
remedy % be In Increase In the number Of judges Of
cour: having the power, 81 The present The
Legislature last year adopted the plan e increasing the
number Of the judges and II the Joint resolution passed
last Is adopted that plan will I've submitted b the
people. Tie adoption ~ the civil Code Is sil opposed
! by large BODY Of lawyers and favored by equally
active II not equally large number Of members If the
bar The arguments on Nlthcr side have been repeat
cilv rch"nre and The matter Is no nearer decision than
II has been many times before. The latest expression
by any number 81 LAWYERS seemed 10 show majority
against The c0lc hut In other states aud countries II
not in t,, the tendency has certainly been toward code
legislation.
tn" two other matter, which the state Far AsSocla-
ton has di,cu-- I'd and which light is desired
not 4 ancient and tine Worn an interest. \
change In the ~ ten II official reporting would nm
doubtcdy be popular bat the exact method 10 be
adopted 1, worthy II further discussion before action
Is taken. The West Publishing Company now supplies
a quick and cheap method ~ obtaining reports Of opln
ions. The somewhat ,lovcnly manner Ia which the
rep rt, printed and The head notes prepared have
prcudcci many lawyers against these reports but the
proposal 10 print all opinions in Official form IS
what appalling 10 lawyers who have less money than
time to cApcnd reports. The present method by
which the state Reporter and West Company publicn-
tons furnish early reports ard olcinl publications give
the important opinions In mc:c attractive form + per
hnp9 acceptable the syrtom proposed the Bar
A Mt Par tfop
suggestion to the appointment Of person or
persons 70 that legislators said what they meant
Ia -Iy In passing bills would meet with much favor II
any one could propose method By which II could he
carried Oat without danger Of giving too great power
TO individuals not members Of the Legislature.
"Tic Green Bag for February IS largely occupied
with the sayings and dongs OF one Of the most pic
| uresque figures I'm American judicial lie. Chief
Justice L. T.. Bccklcy of Georgia. contributes TO the
magazine an auoblOgIaplical Letter 30 Posterity,'
and portrait Of judge Bleckey is prcnxcd to the
| article. Walter b. Ill., Of Macon. I'm the second
| article the supreme court Of Georgia. In the same
number. also devotcs several pnges to the wise and
witty sayings Of Chief Justice Blcckey. Judge Bleck
| lcys portrait shows him 30 be broad shouldered and
vigorous elderly gentleman with lolg white beard.
and equally long dark hnr resting on his shoulders.
over decp-set eyes shaggy eyebrows and high ex
| pansc Of forehead lie Is sixty-hvc years Old ard
has twice held the Office of supreme Court Justice.
| After serving from 1873 10 1850 Justice Of tho
| supreme Cont he resigned and remained In private
| life until January. 1887, when he was chosen Chief
Justice. The most interesting fact about Judge
Blccklcy Is that he cndcavOrs to relieve his opinions
from The ordinary dulncss by witty expressions curious
phrases and occasional poetic quotations. lie has
theory that judicial opinions might well he cr'e crisp.
| graceful animated and entertaining ana many OF his
opinions show that he carries ont his theory In prlc-
| icc When he resigned his Office Of Justice Of the
supreme Court In 1850 he read from the bench rs his
last act a short poem entitled liz tho Matter 0f Rest
The last beginning Peace and rest. Are they
best For mOralS here below 10 Ouel VI tersc ana
| thoughtful poetic expression.
Judge Becklcy I'm his Letter TO Posterity' regrets