New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-01-03
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG 1H+.
COURTS.

The manner in which the decision by the Court Oh
Appeals OF the disputed election cases was receiver
offered a remarkable proof Of the strong hoiu WITH
The appellate courts have on public confidence i"o
action Of the court opposed 70 the desiies vi
considerable proportion OF the voters OF the ota"
affected the political complexion of the hlgheSt Drn'h
OF the LEGISLATURE for two years 1t indirectly 'uru
ont OF Office a large number OF persons who nave heu
important places for many years, and must reS'u'
In many changes In legislative p0hcy-ye' IL "'s Nv
cepcd without question as to the integrity anu se"
emily MS 10 the fairness OF the judges lhc h"o0'
Of opinions written and the strength and almost 'ce
menre of some of the judicial utteranccs showed thae
strong opinions on side or the other lao oee"
aroused I'm the court itself but 1.-THE decision oil the ma
iorlty was acqui.sced with less adverse cohh'ciO
than might have been expected from the representatives.
Of the defeated party The division was not always vi
marty lines and each opinion was supported oy fes'o"
inc which showed that two cases at least the ars
mcns were Strong both sides Inc expressions
Of strong feeling, have been almost entirely rs u ''c
action Of the state Board OF Canvassers and not as 10
tbo decisions Of the court Questions Of so great p'
llcal importance have rarely been passed upon 9.o
the meeting of the Presidential Election commission III
I-77 and the bitterness Of feeling theh n'ne sn tbs
banny NOT been renewed at this time. ASIDE from Iis
noIiiIcal or m" strictly legal interest IN te uecsi;
has seldom happened that any one SET OF S tndci,i
to % large an amount of varied and emphatic uu .,
expression facts when had 3een uurr IN tba
81 short a time. Judge PeckhanS opinion III - ~"
f,nondnca Comfy case especially was somewhat vi
SURPRISE 10 those who have read previous oPn'S t
thl' r.unlly mild Judge aud was c0Hln i p,U
-, li. fo,r that the precedent established might "oN
eva I'm ti" future
Another feature Of disputed election cases when
has caused much comment among lawyers 10 t"o "a
tent to which the practice Of vacating anu re"c""e
stay, and orders by various judges OF tie supreme
c,urt IN, been carried 1t has been an old c0nphiiV
IN criminal cases that counsel for defendant WIN
c,d moi secure stay from the trial judge or from
sprone Court Justice OF the district would search ior
.ome less particular judge elsewhere VINO a'c' "e'
u, only one side the would take action WIZ"
ind seemed uuwise 10 the judge OF co-oru'alo '"i.'
auction, WIN knew all Of the facts on both sides In ue
election cases applications were made 10 one 'uu9'
fl tay allowed By another Judge, new order maze os
! q ,ri,d another stay granted by fourth, unu 'le
finn seemed TO be as 10 which side cOulu EisI &C
Cnr. the attention of Judge before any eAPccVd nv
~ an oficnl could be completed NO qlesuon VI po'
t Va, apparently involved in the actN oil Tue Juuee'
a, the judicial officers were usually ol inc same po'H
l purty but II seemed 10 be considered right Vi inc
,i.r ., ohtnin every order asked for even when IL
,q,,.I The act Of another Judge OF the same court
rul. In, been adopted 10 certain apphoauoh' ''''
they nre not acted upon by one ulge wen W. ~ nm
been previously presented 10 ar9 5,n,icotion The
,oilrte.y winch to the tr-t judge WIN s In,
called upon to act in any gwen 'a 1 en cs;dered AS
IIudlng In these cases and II was >oinVlI's ti.r
Ia ~ follow The nnzes Of the court proceedings
Tprrc NAV be eases where single Judge has aceI ui
| ,n,-Iv I'm, before his act Is virtually annulied Dy
aI,,nS' ten 70 ascertain the reason, for the action
~ The Idgc applied TO- Many la"Ne'n ILL, IN
VI r themselves IA strongly In favor OF limtns Id
we Woy the power Of single Judge to undo me T"rn
~ another Judge OF the same court n "ri1,nt r hmt
on1lsmg Of single judge would be an an9nef' i Dui
H rirism ha, been made in both ci'nlhal ana elHI
c, hat judge Snmetlmcs a,s ,Sc co ION in re-
IN, power Of the appellate branch OF inc court III io
Viewing the act of a fellow judge
The reception given by the Bar Association of this
Daniels who completed MS lu
d,,I career last week. mcilted tribute to one oi
h most useful Judges who has served on the General
form Of this Department. The attendance al 'he re-
confirm showed that the appreciation OF Judge Daes
ryices was not Limited 70 his asSo"a on the behch'
,, distinguished Judges were present but there was
tiu larger proportion Of the leading lawyers oi 'he
civ The kind words spoken t. Judge Daileis' "e
warm greeting, aud universal expression OF regret
M tho close Of his official term. snllclenty showed uo
,irgs of the members OF the bar. The Ncw-i oFh
Law Journal in a carefully written EDITORIAL 'e'S
,,t undue combine The reason for the high re-
card felt for the retiring judge He was above al 1t
paticnt and unrng investigator lie was unmoVeu b'
iice or feeling In the discharge Of his duty and cN-
omincd carefully argument presented 20 ili no
pa,ter whether the lawyer making 1t was prominent or
unknown lie had Large judicial experience before MS
.i,r,poni IN the General Term of this Department.
liant the work for which he will best be remembered Is
that which he accomplished as one OF tue members Oh
I annallatc branch OF the supreme Court Presiding
Iust Learned Of the General Term for the IhlrI Pc
rartment also received pleasant recognition Ol the
i.tn in which he is held bv the lawyers who have
,,ctis.d before him The members of the Albany bar
,nrt and passed resolutions expressing their apprc
ton of lis integrity. sound sen-e ana earning a. ~
H,audale Attorney General lect. presdei Al ti' ecl
M and Judgc-elect D. Cady HcIrlch, MattHe"
linl, Hamilton Hairs. Marcus I. HUI; g. j. stedini
I,6re CUTE Calcn r.. Hit and Franklin DanaHer TOOK
. n,luenf mart I'm the proceedings. Inc leaoiu'ioH'
vera presented TO Judge Learned In open court ana an
entry ~ the proceedings was placed on the hhu"S'
rho ,rorl, Of the United states Ccut Court for tn
,,st wear shows a remarkable clearing out Of common
,,v ca>as especially OF those arising ont Of TIE mpos
! ,i, ~ custnm. dutlcs The number Of actions at com
mn, law disp sd IF was l,S56 while only 30l new
co @, wcr, placed on the calendar. The number dspoe
- u-, Tim, between f0Lr and five times the number Of
reur c,ses and the calendar well cleared sc
that cases may be tried within reasonable length Oh
time after they are begun. In The ether branches o.
the Court work there |. not similar gam Dut the ne"
udge who Will take office when the senate confirms his
anpolntmcnt will be OF assistance in dspo'lng 81 the
| accumulated cases. The United states Court or Ap
meals will net meet until January Is when Judge snip
man will probably be ready to assume MS new once
Three iudges will probably sit In the Court OF Appeals
eycept when II which has previously Deen pass'
| on by ore of the Judges Is before him on appeal
The principal changes in the District Attorney
,fncc CONSEQUENT on the death Of Mckenzie semDle
and thc resignation OF Deputy Assistant Wecl ar,
the promotion Of Deputy Assistant District Attorney
Wauhope Lynn and the assignment of Assistant
District Attorney staper TO the duty Of arguing ap
meals. Mr. scmpe formerly had charge of the an
rc,l. Mr. starler i, one Of the most Industrious
nuip.taling and careful lawyers In the District At
orney's office and Mr. Lynn Wnc mas been promoe,
ally successful prosecutor. MI Osborne. who takes