New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-03-20
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS.


rapidly the last two weeks. The number OF cases
in which arguments have been heard or briefs SUD
United at the General Term has been cspecinS
large, and the appellate judges VIII be kept We"
occupied for weeks to come in preparing oP'H'ouS
I'm the cases now before them. several cases Oh IN
portancc have been tried in this ciy ana III hrooN-
lyn and the usual spring activity in the courts has been
even more marked this year than i'll procure lci''
Tho manner in which Justice Bartlett conducted inc
trial of The Brooklyn Eagle libel suit won Tor DIM
much praise from lawyers Though one Oh NY ha
Judges OF the supreme court few Of his associates nav
made greater regulations than justice Bartlett 1or
ability and fairness. The result OF thc uI'I ro
satisfactory 10 most OF the members OF the DIT VINO
watched the proceedings. The opinion of Judge an.
drews on question of admitting burton - Mr td
to hail was also discussed with favor. the cuOrtu
idleness of the United states Circuit Cart Of Appas
continued to be cause OF reget h nr Of the court
man Will soon be able 20 assist IN the "orA VI ~ '''
ana prevent further delay
Osborn E. Bright the cknown lawyer who died
last week had an experience which showed now oei-
cate is profes sona reputation. lie enjoyed Tor many
years the highes, repue, not only among Ms P''
fe,sonal associates but I'm private He lie WIZ oN
tremey successful. his attractive manner "oH INN
universal confidence His neishboiN anu A'o"u'
esteemed him highly. but for a time al least 'hc'c
was danger that Ills lifelong reputation ""uiu "o
seriously injured if not destroyed b. at Of over
zealousnes, on his part behalf Of one oil Ms '"es
He was counsel for Jacob Sharp in tho Broadway luI
road matters and Ii was he who obtained IN thn even
ing a; Justice Bar;lctts house. the order Whch ie'
dored possible on the next day the early mofliht
meeting If Board OF Aldermen. at which the bro"u
way Railroad franchise wa, first granted. Ills re'oi
lection and that OF J3Stce Bartlett a. % what 0c
Cured at that evening visit 20 the lEdec nome ur
not agree. and many persons al one time beeV' VA
There had been .Ome miSroprce' talon Oh NJ. l''lSl
mart lis conduct was severely criticised ~ the prose
cutlon in the bribery Nj Bright kcchly lcit ~
poson in " hich he wa, pac d in the estimate 81 MS
rconintance- II. successfully outlived tie criticism
male upon his conduct. bur there wa TIM. Wen u
III that IfIf i,lN
hOnoled professional work would be WHO'LL o. PanIN
lost The judgment O. 20 ~, acts Was ielr' ~ az,
went BY and il is generally conceded that he 0AN dl1
that which he thought his duty to hi, client demanded
NJ rrht', career, taken a. Whole ""' an ho"''cu
and successful one.
The appolntncnt Of senator wers as Justice Of
the supreme Court OF New-Jerey has led to an inter
esting discussion as to his eligibility. lie Wa mem
her OF the state senate at the time OF his appoint
ment. The Constitution prov idc' That no member OF
the senate shall. during the time for which ne was
elected be appointed 10 any civil once when ShaII
have been created or the emolumcntS whereof shall
have been increased during such time. The emolu
ments Of Supreme Court Justices have been increase
during the term for which senator Werts waS elected
The act passed AZ the last session IN reference - ;,
prene Court JnstG Va vas s Sesded mon bnt The
question has arisen 10 whether the repeal OF the
Iatnre by which the original Increase passed to
accept an appointment a. supreme Cou1 Jul-c Inc
repeal was imperative a. TO any Of the other Judg -
the snarcs of the Judge, can not legally be diminished
and il il took effect AZ all IT ONLY with r;-rci 10
the ONCE vacated by the death Of Justice Wcr1s pre-
decessor THE New Jersey Law Journal, which dis
cusses the question to be OF the opinion that the
legality Of the appointment Is doubtful.
"The New York Journal deserves credit for It's
frequent editorials urging lawyers To greater originality
In preparing briefs and arguments In cases before thc
courts Tie tendency toward the routlne citation Of
cases appears b be constantly upon the increase. and
il is seldom that lawyers take the trouble TO ~ ba
TO the original principles Of law and to argue without
regard t. immediate precedent The arguments III the
shpman case to recove: from the bank, the amount
OF the Bedell fOrCerles fer from this lau than
most arguments IN important cases. Mr.. Carter and a
few other lawyers often their arguments on legal
principles rather than decided cases. bat it /, TOO
much the custom for lawyers 10 seek FOR Z" rase In
point rather than u sustain their position by inde
pendent reasoning The Editor OF The Law journal
remarks that he has some Inc, thought TN" III Ger
tain Offices are kept LET Of briefs which are used IN
pcrfunctory way that when a nc%llgehcc dctoh is
under consideration the same OLD bret uNi IN ,oi"
other somewhat similar cast are brought ont and only
"a new title and new statement "I id"ih aiti' ned
their briefs with long list Il case. copied from some
cid textbook. as II the number and not ne "eilhl o
decieione would lie considered b. Ia" appel ant court
The Iabor.saving devices arr unworthy # The pro
fcsson OF Which the Greatrt membeis have been The
most renowned iog original thought
The supreme Corrt judges Of the General Term Of
the Fourth Department have been recently discussing
with much learning and With dissenting views Just
what constitutes "pedler.' John II. Fisher Wis
tied the village Of stamford several months hay
ing horse and wagon. He stopped at several houses
and In each case took from his wagon small articles
and delivered them receiving the pay for them Tie de
livcrcs were made In pursuance Of orders takon by
him about a month before. In some whc he
made the deliveries he took orders for Ike articles TO
be delivered a month later The village Of stamford
had adopted regulations forbddg peddin In tie public
streets without II license therefor. The trustees en-
a. ect Tho diir,
from Fisher but he resisted the payment and the case
went TO the General Term OF the Supreme Court TWO
of the judges came 10 the conclusion that person
taking orders for future delivery and aherwar
G ier Judge s' hsrt ie' who denied from the
majority quoted number 81 cases. ana held
defniu0ns In The dictionaries defining "pedle;s7 as
travelling traders or merchants or persons who
travel through the country selling small c0minDclucs
Judge Martin thinks that the question OF time between
the order and delivery OF goods makes no difference
There have been few decisions in this STATE, but la
other states the question has been passed upon by
the highest courts, and 1t is possible that he Court 81
Appeals OF this State may be called upon 10 decide
as to the legal definition OF hawker or peder.
The woman suriagists OF Illinois are particularly
energetic as several women In that state who able
practising lawyers strong believers In the right Of
women 70 vote They are somewhat dishearencd,
but not entirely dismayed, by recent decision OF The
Supreme Court As TO the right Of women TO vote at
school elections. A law passed last year allON
ing women 10 vote for school officers, and one woman.
10 whom was denied the right TO vote for school su
perintendeni endcavored TO establish her right in the
courts The supreme Court decided that the Office
of SUPERINTENDENT OF schools Il constitutional Office
and thai person coul1 vote for candidate Tor that
Office except those who had the right under the con
sttutlOn Only male citizens can consiitutlOnally
vote The believers in woman suffrage however after
careful reaG1g OF the opinion have come 10 the con
c!usion that il docs not deny The right Of women 10
vote for other school officers who are not named IN
tnc since the decision vas rendered
women have voted al some Of the school elections and
their right 10 do 80 has been yet successfully
contested.
Two peculiar decisions have been recently reported
from widely separated states. one from Michigan Ic
suited In the granting Of new trial in murder case
because OF an order made by the judge excluding all
psrsols except respectable citizens from the
room The Constitution Of the stale gives the &c.
cused n right To A public trial. Tie Judge directed