New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-05-01
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS.

since the decision OF the telephone cases Judge
Wallace Of the United states Circuit Court, decfded
In favor Of Edison the original Inventor OF inc
lights covered by his patents and the decision OF inc
two appellate judges will be final In the case. Inc
lawyers engaged include many o. those VINO nave ave
been most prominent In patent litigation since c, inc
is usually little oralory about the arguments In a
patent case, though Mr. Conking used to succeed IN
| making even the most technical somewhat interesting
The present suit Is especially technical ana the argu'
mens BY the successive counsel continuing over many
days have attracted no auditors except those especaH
Interested In the litigation The judges listen with
exemplary patience: and 1t Is to be hoped that tIey
will find out who did originate the Edison patents IL
| that inventor did not.
Judge George l.. Ingraham has been trying cnmi'
| nal I'm the last few weeks, and has won much
| praise from the lawyers who have practlsed before
linn the skill and ability he has shown In presiding
at the trials. lie has been q Judge OF the higher
courts for nearly ten years, but he was not su-
| larly a member OF the Supreme Court Bench until
year or two ago he could not sit ut oyer and Ter
miner, though he performed the duties Of n supreme
Court Justice Justice Ingraham nherlts his judicial
qualities. and the elder Judge Insralam had 4 hgn
the Jokes still told about the General Sessions Is OF
scene in the elder Judge lngrahams court nan ,n,
| with stealing flannel valued ut 50. The prisoner
r 6s dc snas 81 e ees:s 0 not guilty.
That flannel took Wasn't worth half that much.'
The Legislature has not adjourned without leaving
a possible legacy OF extended litigation concerning
some of its acts. The passage OF reapporudimcpt
bill ut an extra session called Immediately after the
| adjournment OF the regular session may be op-
| posed I'm the courts unconstitutional. There
| are strong arguments in favor OF the boiler
that the constitutional provision that the reap
| portIonment must be made at the next session
may mean the next regular session The passage OF
an act changing the punishment Tor the commission
| Of illegal acts by EXclse commissioners may also
have a wider bearing than had been expected The
courts mny be asked TO hold that the new act Is
repeal of the law under which the former Excise Com
ms-ioners OF this city were indicted: II there Is no
the city reform Club may he beyond the OF
legal punishment rho constltnllGhaty OF the law
other statutes will aso be attacked. The work OF the
session Just ended may not be a. ecGve a ma dc oef
supposed. II the courts decide adversely ~ thc ieei
| Of some Of these measures.
aThe New-York Law Journal on Wednesday, dis
cussed the value of dissenting opinions by appellate
Judges II is true that In many cases |. might be is
well II the minority judges would simply express their
dissent from the views OF the majority but III many
instances dissenting opinions have won high place
In judicial history. The late Justice Bradley wrote
many important opinions, but few have excited more
discussion than some Of those In which lie expressed
his di,approval of the views Of the majority. sew
e,cl O. these opinions are referred TO III the current
| number OF The American Law Register In the
| slaughter house cases Justice Bradley differed from
~ ~ the mover of the states Another important dis
from the opinion q the mnIoty WA IN ir ssv
of he Chicago, 81.
against Minnesota. Justice Harlan and in some ,, re-
| cent cases Justice Brewer, have wilton NiuIDic
minority decisions in the highest court The minority
opinion Of Judge Peckam, Of the Court Of Appeals Ia
the Onondaga election case l. one OF the most va a
obont diSs@niIns opinions is that the minority opinion
the judgment Of the majority Ses Gi seme tS 81 p
pears stronger than the majority opnfop OF rs re
court. and respect for the conr, Is ~
the court the Legislature may be eaeu Oh ton ~,
alter the law e cer case the G ron isdt even
II il does not change the decision in the par'c"''
case in which II was rendered.
The case Of shylock against Antonio has been ire
o,ently discussed by lawyers. and new arguments
| have Just been published by authors 'ahi'e
different views OF that most widely read OF reported
,ri,,s "The American Law Review recently pub
| ,.hed some comments By Judge James NJ Love Oh
~. case judge Love was inclined TO think that the
trial Of the case from legal point OF view us'ao
- utdIiles lie thought II improbable tlat the grave
rulers OF vemlc" W , laws i, of their own city by
doctor II law who must have appeared 10 De nt,
les" S p hs wise dccs aud connseors could not nave
been ignorant Of the laws 81 enc anu anv ' knowledge
Of Sysr l%i,e ove says 'aSy 40" apradnse
what must they have thought OF m me T mat Hntono
by me ,a gS to discharge the bond by rendering the
amount open cont S but h lai' nj to pay
oG the oTis,,on the very II. day law OF judge
Love snnT HE wa, saved by bubble
| y..,, panncr in The American Law
| poc,ster, Of Philadelphia now appears rs inc wi'o
c,,. ~ the fair Pora. There may be- he suggests
yo,pc, in some fragment Of The argument ou '',e'
rs a whole 1t IS fair and wise. Inc ph'rSu' ,,Hso,
| tons 10 Portals rcaSonlngs, which mas pee"
r. n,mnh,cts by many English and German au'ho's' VI.
| ,,at portia did not declare the bona Voiu IL ,
-, ,,ud and after declaring it valid accused shyio'A
-, committing grave crime In procuring !, anu -"
dc,vorinc TO enforce 1t. It Is also aie'eu '''' n
b,nd was valid one 1t conferred on '''r w
| ,inht TO she'd a, much blood rs was c''o,''o' -,
.,rv in removing tue pound of flesh. MI i.pp''
h thnt Portals professional reputation can ~
sustained against all these attacks ine' n,s IL the
laws nndsE Wsi'n afier maturity and preferred the
ncnny The fraudulent character oi tne n oV'f bcfre
,.,aa,d.d nv Antonio and therefore was W. ~
not pIenae" y er examining the bond and de, aans
!, vad Porta proceeded by nsenioIu, ~ ,hr bond
va ,hot The right take the penalty oi .lc ,,nnd
snow , involved the shedding Of Ci,tan pv
Witch was forbidden, and hence thai inc Do'1 statute
o o" was considered It ha not I 6en %. onns % sc
Shake pcares law and e,peciaE tV i ,hnf ngenIous
serious ind something approve and even T. u hnn
in thc judgments OF Poith Wn"ii nav. ,,mamt than 70
u, '. ~, 10 appeal rather TO the sentiment ' "
| reason.
wisconsin now has an argun case when III, "'% a",
ooints of resemblance with that from the hes'oo''"s
| .,o,o ~ Michigan. which was alluded 10 III '''' .'-
.,ths ,yo Tho Wisconsin case has some pc
iirv touching features. 1t appears from t'. oi "
ION - Judge O,on. of the supreme Court 'n' 'o'''
C,r.ron eleven years Old. of Oshkosh o""e" az VI"
,i,a , wooden air gum and when that became uiN"p""
pohMe's fond father bought him meaiio ,,.',.
| - ,hc Kind known the DAISY Mr-""i' "'
., Wv ,,po vcnrs old and Byron Hams, fourteen
nr old also belonging to we'll known oSno'" p y,,
lJ"s went one october day TO pay win toopn , 1870
nv mir ~ stills Bud" n safety bcNcle; iid MIMI
Lac na a rI The boys exchanged p' ihss , Ur
Tine and Bud tooh the gln ana nsGed with shot
od' rd il at byron striking his eye byon was d 30
INV inuhd that the sight of tiat eye MaS ue
s.ne IG Trn 1ucson which the supreme Court htu
81 decide was whether Robbc father was so ir a,c S
bamc for purchasing for his son te S :" NV
nuu sor The loss OF Byron's eye. Judge Orton says