New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-11-06
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
The COURTS


courts than previous years. There may be arrests
N occupy the attention Of Police Justices and United
s,ates Commissioners. but the Court Of Appcas de-
eson that the judges cannot issue mandamuseS ex'
eept in conrt. and, court can be held on election
dav that no writs OF mandamus can BE- granted on
that day. will take away the only duty when the
s1i judges have formerly performed. There may
he the usual number OF mandamus proceedings on
The days preceding the election. and the United
states Courts may be open, but generally me colrt
affair, at the polling places on election day il tse
CONSTITUTIONAL amendments are adopted The .oar.s
will hereafter have the decli n Of disputed ecuJ
eases and elections will then frequently lie reVlc"u
before judges and jurics. The amendment. Io"cI'r.
little attention. and may fail for want OF tho necessary
number of Affirmative votes even II no negative
votes are cast
The political canvass has diverted from the trial
Of cases and the winning Of fees many OF the well
kncwn lawyers OF ihe city who have been engaged III
making political speeches II Is supposed to be easy
for a lawyer to talk, but the sacrifice OF timc ana
energy which some prominent members OF the OAR
MAKE in a political campaign in which thcV are III
terested Is great. Ex-senator William NJ Evar'S mas
not recently appeared in the courts. but in spite OF
impaired eyeslght and weakened voice he MADE 'he
effort necessary publicly to express his political views
for the benefit of his party. James c. Carter ana
Joseph II. Choae, the active leaders OF the bar nave
not been busy in political speech-maknS' ou.
Frederic r. Coudert, Ehu Root, Stewart H. "oouicru
others have been active III the CdhiP'hSh' i'io
effort which each OF these lawyers makes wouIu II
they give much freely to the advancement OF their
poitical views These exclusive OF snch orr tofs
IS John K. Fellows and ". Bourke Cochran, VINO
holding Office. are expected to De huen, ,ae;
There are thousands Of younger or less proninent
members Of the bar VIII are on the stump, II ulS
and others States, some under employment BY ponnca
committees and Others who give their services wltno
compensation The oratory which has Instructed or 90
lighted audiences III the political campaign comes S
srrsc6 making is over the professional men will 80
back their Offices and when they nave recoNear rd
from their cyerons their voices will again De hearu
IN the courts and instead Of Protection or Free lrade,
actions law and suits in equity VIII occupy 'ne'r
time.
The Court OF Appeals has taken months VACATION
presumably that the cases already submitted may
he possed upon So long a after a session OF
only four week. and that 70 DO followed by recess
al the Christmas holidays, indicates that the Judges
will not be frightened by the prospect of an inoreas
ing calendar into any less thorough consideration OF
the questions lefore them. There will probably be no
attempt to keep abreast Of the calendar By the omis
SION Of written opinions in many cases as had been
a. usual and when the calendar becomes oyerer9wdc
a new second division viii be Organized Inc nleu
States Circuit Court OF Appeals meanwhiie CONTINUES
10 dispose of It's appellate business with great lapdi
The Judges are determined that their calendar sh2H
hearing Of appeals, which have caused SO great
complaint In the STATE courts. VIZ prooao" no'
soon be felt in the United states Courts
The full text of Chief Justice Parsons charge TO
the Allegheny County Grand Jury in the Home
stead cases. preceding the finding of indictments for
treason, has been published in one Of the numbers
OF the PENNSYLVANIA County Court Reports, and has
been commented on by many law journals Much
Of Judge Parsons charge consists OF expressions
OF disapprova OF the acts OF the Homestead srlhers
The part Of the charge In which Judge PaXsoh de
fines the crime of treason and saws that facts such
as appear in the history OF the Homestead riots con-
sttute treason, has been criticised. The law against
treason has been in force in Pennsylvania for over
thirty years, but there has been no prosecution under
IT, 1t provides for the punishment OF persons VINO
LEVY war against the state adhere 10 the enemies
OF the State. The acts of the Homestead stIlkers
nave been criticised perhaps within the definition
OF riot, resistance to an officer or assault ana the
indictments for murder not surprising, es-
peciay under the decision in the Chicago anarchist
cases. but the finding Of Indictments for treason
though that crime is severely punished under the
PENNSYLVANIA law, has caused some unfavorable COM
ment in the legal periodicals Roger Foster
Of this city, in communication TO The
Albany Law Journal reviews the reported trials
for treason in this country. Among the cases most
nearly resembling the Homestead troubles were that
OF one Paine. who. with sixty armed men took rat
Of lumber from the custody OF collector oil the port
In Vermont, after a fight with the militia ana that
Of Cashier Hanway. who. AT the head Of mob. pre-
vented the capture of fugitive slaves by deputy
marshal. In each case The presiding Judge dliccted
an acQuital Justice Grcr. in tie latter said
that resistance to revenue officers by band OF Snug
gers to deputy sheriff by crowd OF debtors
woud not treason, because their Instruction would
be of a private. and not public. nature and their
Mr. Foster while not directly commenting the
question Of the guilt Innocence OF the men con.
nected with the Homestead troubles. SAYS a the end
OF his article: "The reader will have observed that
In every case in which there has been a CONVECTION
OF treason since the foundation OF the American
Union the defendant was connected with an In
surrcction OF q general nature, having rs IT'S Object
resistance to the execution OF a general public law,
Or with an intention OF subverting the Government
The portrait of Chief Justice Rufn tngly prefaces
the opening article I'm "Thc Green Bag for october
on "The supreme Court Of North Carolina Judge
Rafn was for nearly twenty-five years on the bench
Of the superior or Supreme Courts. and by his vgor
and Industry easily controlled his colleagues. He
made some enemies. and considered oversevcre
in bis sentences Of criminals, and he was active In
the secession movement, bur as judge he was able,
original and forclbe. Frank J. Parmenter has some
verses In "Tle Green Bag" descriptive of The
Common Lot Of the Lawyer" and the miscellaneous
articles are good Among the notices OF recently
de- ascd LAWYERS are sketches OF ex-senator Herman
and o, Nathaniel G. Moak, of this State. II The
plcadlng bits of humGr which might Otherwise be
lost or overlooked. II quotes from 1.-THE indian
urged make palmer transcripts Of deposltcns
ave remember" SAYS "Thc Jurist.' "a deposition
has now Ipper garments which nv calf has split.
My uncle smoked each day for al his life, The
written it. and he explained that the passage was
TIL plaintiff not at all present When the, carr
moi drive; 10 Wonder Wonder %The Jurst' wished the
magistrate 10 write more plainly.
The manner In which the members OF the tn'''d
States Supreme Court honOred at The recent Co
hrlian celebration ir Chicago a proof Of the
hsh regard in which that diGnfei tribunal Is held
The ether high Government Officials were lees com
forably placed and had less luxurious surroundings
than the Supreme Court Justices on their Western tip
special committee Of the Chicago bar, led by Judge
f.. 4 al
0, the Justices. Chief Justice Fuller on EelaH
o. the Justices las written 4 letter ~ acH'ow'Si9-
ment 70 Justice Otis and hiS associates fer the ,n-
reDitinc nj tendon extended 10 as on the occasion
Of orr recent Visit TO ChcsEo. Which ley 1otHhg 10
BE- desired and rendered stay IN the hghe>N cesfee
en)Yahe."