New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-01-15
JUDGE T.. II. LACOMBE.

been called perhaps once a year. but had not been
pressed TO trial and simply remained TO cumber the
calendar. Judge LacOmbe began vigorous work
this overloaded calendar aRd within few years
practically all of the old customs were disposed
of. A few await the decision OF the United States
Supreme Court test questions and when these are
passed upon all the cases on this calendar will be OF
recent date Since Judge IacOmbe's appointment
5000 customs have been disposed OF by trial.
dismissal or in other ways. Judge Lacombe's work
that %pora mt tribunal he he tinted states s Court
E most NP pSGera ~ e SIT last S, week resort the
trial OF jury The JUICES OF the United ststcs
ducc the calendar Of 1rrs eases that OF cusuIns
cases has been lcssencf, a.! III lis work Judge
manner i. dlgnied, his i,tteances quick and de-
clslve and his opinions are rarey overrled by The
specially in the "fice Of coTpo zion Counsel WIS
unusually successful. He retired from the welpaid
Office Of Corpora ton Counsel to accept the iudg.sp
with salary no larger than that OF q lui.e OF q
civil district court OF this city.
No greater contrast is possible thar that between
the methods of two prominent lawyers whose ceaths
were announced last week General Benjamin p.
Butler was especially known in bis later active life
By his military and politcs4 acts but I'm his earlier
years his reputation was almost entirely secured as
lawyer. OF couIse many apocrypha stories are told
OF him. but II Is certain that lie was shy. ingenious
and resourccfu advocate and especially ia the
attaching Il mill wheel to collect mill girls wages.
and his advising II client whom he had taken into =
side room the courtroom n jump out Of The WIN
dow the easiest means Of escaping conviction are
means to secure the ends lie had In view as an at.
torney. lie particularly at home when he faced
"A hostile witness an unfriendly Judge. and his
powers OF sarcasm and yituperation were large. He
secured the admiration OF many persons who admired
"smartncss." and his really great ability was some
times not appreciated because his power was sup
posed 10 lie IN the ingenious devices such Il: more
a .efif iae.re a nor ma \ rrpn
the later part of his professional life was occupied In
defending himself from those who attacked him Or
his interests through the courts.
Henry Day. whose funeral took place last Thursday.
enjoyed high reputation among New->or lawyers
but it was, I'm almost every sense the opposite TO
that which such lawyer as General Butler had Mr..
buy rarely, and In his later years never, appeared
before the courts. His practice was almost entirely
In advising clients. managing property Interests ana
attending other affairs which did not demand his
appearance in Yet his n from his profession
was large and most important corporate interests
depended largely upon his skill and integrity III;
work in ecclesiastical affairs was important. as ven
Us in directing the care Of great estates; lie mad
little In common with the Ingenious ana lakauve
He was the model counsellor whose advice was
WISE whose integrity was nnasSaabls; ara %sG, "a
tian most Of those submitted TO the courts.
Mr. Days death recalled to older members o. the
bar memories OF the earlier days of the famous firm
Of Lord, Day Lord Daniel Lord who died twenty
five year, ago. for long time In the front RANK
OF his profession In this city. lie first welcomed
william NJ Eyarts to this city when Mr. Evarts. as
n Young attorney. decided to begin practice here and
the tribute paid by Mr. Evarts to the elder lawyer
3h.linr ne The elder Mr. Lord was engaged in many
important church cases well as III a IN 1e share
OF corporate -atiOns Of his time ana nc repn,,a-
lion and standing Of his firm have been steadily main
taned IN the position In which be- placed IT,: only
Younger members Of the Lord ana Day iah'ies IT,
main
A new SIGN on the old General Sessions building
announces the fact that the sIrrogate's Office has
outgrown its rooms in the County Courthouse Siir-
rogate Fitzgerald will probably begin tomorrow to
hold court In the rooms In the basement OF the
General sessions building. The old brownstonc build
ing has been used for the trial oil cNll cases or
many years. hut older lawyers remember the ume
when the supreme and other courts were held wi'hh
lis walls The wears record Of the surrogate Once
shows how essential 1t was that there should be az.
diona accommodations and additions assistance u
the work 10 b" promptly performed o"riosa.e
Rnnsom las, year admitted over LOO wills TO pro-
bate and heard important ARGUMENTS In hearty ZOO
eases The record Of the work Of The srrSsa.sss
office I'm other respects shows great INDUSTRY. anu
set. with all the efficient work performed IL was Was
impossible to keep up with the demands Oh shS
created Office has an opportunity to establish
reputation Tor industry and or c,gmcS Watched p" by
LAWYERS In the expectation that he NAV 90 hlcf W
make the disposition Of cases In ,ne ocr
as rapid It has always been satisfactory III o'heE
respects.
An agitation has been begun In Great Britain which
mov be extended TO this country. against that which
| some law writers consider 4 defect In The law Id
English speaking countries In England the law In
| terf,r,s little, and apparently even less In THIS
country. with a mans disposition OF his estate after
DEATH In most states Of this Union. the right OF
DOVER ut least, limits tesator's power OF dispo-
| siton. In many countries outside OF the Ehgiish
speaking there far greater restrictions on the
right TO bcstow the property after death In France
| lazy To NIL hal
fine members Of his family than half OF his goods
| If he has one chila. ird If he has ~" children.
or fourth If he has greater number III opau oiy
one-hfh OF the property can be LETT to stranger ny
one who leaves living DESCENDANTS 1here y SOME
what similar provision In Italy. IL has olten pecn
questioned by lawyers in This country whether there
| should not BE- some greater r"st1ctloh on man
power TO make BIS malice last lar p'y0n ~, whn "
time by cutting of one OF his children asani, mion
he NAV have had a -causelc>S antipahy or IN some
S,her M"y W his estate whc cannot be
under present laws. The argument Is MADE IN some
Of the Sra E%Tn aW TN paper" sy Which sometimes arise
from the lack OF restrictions on the right OF man 10
suffering among those who look TO him for provision
for their maintenance
| Henry Budd contributes to the current number OF
| " The Law Quarterly Review OF London clear and
valuable account OF the organization OF the United
states Circuit Courts OF Appeal. English lawyers
will in spite OF their historic conservatism undoubt'
edv be- interested in learning The details OF this int
| nortant change In Federal procedure. The law 10
| uuoted or summarized and some account Is gwen
NJ the methods which the courts were formed after
| III. law of 1901 went into effect The description
| NJ the situation before the new law was enacted.
when the supreme Court calendar was constantly III
creasng and the hope of ever being able to dispose
| Of the accumulated seemed remote. shows the
absolute necessity for some such law Us was eS'
| ,,blished The only important criticism which Mr.
Iiudd makes on the law Is that II creates nine ap-
peate courts OF coordinate jurisdiction, Whose de-
risions are In many final and whose opinions
may conflict. that the law laid down by the courts
| I'm one circuit may differ widely from that heid ny
n corresponding court In another circuit. There have
| already been two instances IN winch tne
courts OF appeals OF different circuits have reached
dInerent conclusions similar facts but such cases
| viii probably be rare. No system Is suggested oy
Mr. bldd remedying this dinenty withou, causing