New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-05-22
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS.

THE COURTS
The United states Cont Of Appeals. which Il Just
ending It's abors for the present session. has SHOWN
remarkable industry and dispatch In disroSng OF DIS
mess Every case its calendar with three or four
exceptions will have been heard when the Court takes
| a recess. As cases have been added from time To
time to the original calendar. all appeals taken mp to
a few week. AGO win thus have been decided by the
Court or Will have been submitted to the judges for
decision. some al the cases In which arguments have
been delivered Of exceptional importance especially
the electric hight cases. OF which there were three or
four the calendar. The work Of the Court In this
circuit important and probably larger than in
any other circuit I'm the country, and yet the Court
has managed through the industry of the judges 10
keep mp with it, calendar Its decisions will be final
In most Of the In which arguments heard.
opinions have been rendered In all TINT had been
heard b"iOr the present session began few weeks
ngo. and there Will be abundant opportunity for The
Judges Ia prepare opinions In the cases recently heard
before another calendar Of considerable size Will
be ready. Judges Lacombe and shipman have heard
most Of the cases recently as Judges Wallace and
Lac9mb had passed upon most Of the cases not
tried By them before Judge Shipman appointed.
The end Of The troubles Of the Excise Commissioners
who were accused Of official misconduct is apparently
approaching according to the intlmation given by
Judg" InGrahag to his construction OF the recent
act 81 the Legislature. The history Of the case Is
Interesting aud especially Instructive showing that
Legislatures more readily Influenced than courts
trial on an indictment which proved defective. An
other Indictment found charging them with unnece>
sary delay IN acting request for the revocation
OF a NcuIsc and decision obtained from Justice
Van Brunt, who also granted IN order in arrest II
Judgment. An appeal taken to the General Term,
and subsequently, the matter brought before the
judges Of the Court OF Appeals, who decided against
the view taken by the COUNSEL Of the Commits, )ncrs.
aid held that appeal could be taken from the
q he
Commissioners feeling that the Court Of Appeals
would decide IN their favor if the appeal could b.
heard, went to the Legislature and obtained a special
act, under which an appeal could b. taken Ia the
highest cOnrt. When, however the appeal finally
heard on its merits. the Court IF Appeals decided
that the Commissioners would have he agii. placed
trial The AID Of the Legislature again
ment for the offence win which the Commissioners
charged As the law did not contai The usual
ones prvouy So%mc D' Judge a PPnsraha@ now
thinks Il impossible T. ir, them again. Two acts 4
The legislature havo thus been passed 10 ace immediate
tho Commissioners and If they brought To trial
on the merits Of the II is rot the courts which
b. blamed for any possible failure Of justice.
Tho passage by the Legislature Of new Married
Woman's act which into effect last week, brings
to end the disability to contracts under which
married women have 50 long labOrcd 1t Is just 100
years since the Legislature PASSED of the earliest
acts this subject, allowing the nonresident married
woman to release her right to dover by joining III
conveyance with her husband. There have since
been many notifications OF the old common law rules.
and several Years ago married women received the
right 10 contract TO the extent and with like
eiiecs u unmarried except thai the law did not
affect any contract between husband and wife. The
present act specifically says that a married woman
may contract with her husband any other person. ~
II unmarried. and there seems nothing further that
can be done 10 give Il woman the utmost liberty ia
regard to contracts The law of losI, extending the
general right OF married woman TO make con
tracts had been somewhat loosely construed by the
courts and there were many doubtful questions as
the rights Ol woman who carried on business III
partnership with her husband There aie SUI some
restrictions in regad to suits, and the liabilities oi
married women which make the status OF Il married
woman somewhat different from that OF a man, Dut
th,se few REMAINING relics of tEe Old theory .. her
condition will probably disappear and the state Dc
fully committed 10 the cluallty beioH the law oi the
two The wisdom vi some ol the recent legi,
aton Is yet TO be ascerianed There are 9tSaus
many ca-,O IN which woman has been me CLOAK 10
her husband In doubtful business transactions ana IL
may be questioned whether fu liberty OF contracting
between persons closely united In Interest aS nus
band and wife may be found beneficial to the com
muny.
sTho Ncw-York Law Journal" The Evening POST
and many prominent lawyers have taken part wthih
the last week two In discussions 10 the work OF
the Appellate Courts bearing upon tho correct
ness OF the decisions OF trial judges. Austin Abbott
one Of the most experienced commentators on the de
csons OF the courts. has made the remark which
10 meet with general approval, that appellate
exist solely for the purpose OF reversing in
some states the Appellate Court Is called Court
for the Correction OF Errors The ahrmancc Of u
decision Of lower court carries with 1t only the
weight of final decision OF question already cor
rccrly passed upon, but the reversal OF decision
usually lays down principle which has not
before been settled law The fact that many eases
reversed l. not, the arguments OF some OF those
who have taken part In the discussion show. sign Of
the weakness OF the lower courts. The Law Journal
wisely remarks The hardest judicial test Is that of
Il Judge who breaks ground In complicated case and
makes lirst decision. Naturally those reviewing his
work will profit by IL aud be in fair condition TO
cIcise II and modify the results" The statistics
gathered AZ To the comparative number OF reversals
and afrmances show that trial Judges are. as II rule,
careful, and those mistakes which are made
usually In difficult In which wise judges might
well disagree.
The system OF officially reporting the decisions
OF lower courts went into effect last week By the sigh
ing of the law, and the appointment by Governor
Flower Of Francis D. Delehanty, Of Albany. as mis- |
cellaneous court reporter lie Will be assisted by