New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-08-06

WTNWE Y
JUDGE PHILIP STEIN.
Stein Tho Judge. In an opinion given on Nav w.
decided that the suit could not be begun by Mr..
Clingman director. but as taxpayer In Chicago
he was entitled bring suit to prevent the directors
from closing Jackson Park sunday. In his opinion
Judge Stein alluded 10 the doctrine which has been
held by courts, and vigorously opposed by
others. that Christianity IS part OF the law OF the
land in the United States The advocates Of sunday
closing had referred 10 that doctrine bnt the Judge
after expressing doubt as to whether such p?opo,l
ton was good law. said that in this as in other
countries there millions OF Christians. members
Of churches ard congregations who saw no wrong
I'm taking recreation on sunday. Indeed u"
said. II they welcome II rs dav on which, In 40
dition 10 religious worship. hcy have time to breathe
the fresh air Of the parks and i!e country to h,rn
admire the masterpiece. Of sculpture and of painting
directors seemed 10 have lost sight OF II when th'x
decided 10 close the gates on account OF the small
forcblc reminder OF ihe dignity OF the courts in i'm
posing last week fne Of $1,000 on several OF The
Of court IN disohcying njunctlons are seldom visited
with 80 severe a punishment. but Judge stein con
sdcrcd th" action Of the directors serious as
obedience OF the Courts mandate.
The Court Of General Sessions Will bc tho only
trial cour. in this city olei AZ the August term.
which begins tomorrow. Judge fitzgerald ard
MARITIME are signed the two parts Of that court
for August. IN the other courts there will he the
usual summer lack 81 activity. Tho Chambers terms
which have been held This year have been especially
dull even for TIL, season Of the year, in some Of
the courts Judge Patterson remains al supreme
Court Chamber. Judge O1ren having finished his
part Of The summer work. Tho assignments made
do not call for the services Of any Judge from ont
OF the county this year. bat II I, possible that some
supreme Cont in,iic" from another Part Of me
state may be- called upon later In 'hc season.
Judge Gi"g"rich will probably hold special Term
week. and Judr' Dnrro and Freeman In ia" superior
Court.
Willie the motion calendars have generally been
light I'm tc court, iu Juy. nn unusual humber
o. lawyers have remained IN town or ai r'-"r''
near the city. Many lawyer especially who nave
bushes, with merchants and banker, have been
obliged 10 cut short their summer vacn'ion' or 10
have their hmiu"- remain 81 pieces within ie"
bour,' tourney from their ohcr-. The financial
situation has been such that no busy lawyer can
De- sur. That hi, services will not be required to
advise I'm some great emergency. or 10 defend
IN. Interests Of a client I'm 81 assignment or
failure. I'm some cl-.s lawyer have been "'p"-
cially requested 10y their most valued chrnis 70
remain within easy reach. Ioru"l'lf In' a,'"" "
Of Important failure, has rot been larr" in ms
city but the feeling Of uncertainty ana dlNtuS, hns
mad. Tho presence 81 legal advisers seem desirable
10 many banks and business corporations
The occasional rcrkl",suess with which lawyers
allow heavy cost, aud eXp.n,cs 10 b" charger Oh
mail estate, ha, been several times rebuh"d recent
Is bv the courts. In numerous eases last spring
iudr. criticised The charging Of lare, referee, fees
IN ,,,, 80 ,uno.v v,-. at stake The
charming Of all the expense OF litigation against estates
la, also been rcbhd 10y the courts ana mere i ~"
less freedom than there formerly was In allowing on'
OF the state ana >urrOra"'N ana Other courts 'h'
expense, Of the several parti', Interested IN IA"
iIt,ration The latest Icbuke 20 extravaganza was
,nat given bv Justice C1Hicn few DAYS ago. The
c.t.tr Involved was that Of lunatlc who owned
propcrtv worth perhap- between sJO.O)O aud so
oCO mostly In stock which paid no dividends. IN
aupcaon was made 10 allow ia" payment OF over
: 300 10 the attorneys who secured the conm''a OF
she unatic. and 10 pay commissioners Tees Oh ~"
.uch The Judge laid that The counsel Tees, coilsllr
lnc the condition of the estate were IN me high'''
degree excessive and should not be allowed ana re
oucnd inc amount 10 500. The commissioners Tees
were also reduced 10 so Instead OF 500 In matters
Of This hind thcr" !, rarely any opposition, n, lir
necessary on ,h, part OF the judges. Whatever may
c ihc The course taken by judy, In r"crrncs
ia allowances is much more conservative ana careiui
than Wa The case twenty year, ago.
aThc New Yorl, Law Journal calls attention TO
the practical codiGcatlon Of lare" part OF tn" statute
law Of the state through the medium Of ia" rrv'ons
rcpor,ed ly the Commissioners ana adopted by the
Gcatlon Of the law has been opposed by 50 many well
known lawyers that the attempt to pas, the Field
codes seems 10 have been abandoned for the present
4 similar process has now, however. been gradually
going on 20 that within frw years a large part OF
the law Of the state will BE- contained In few a'S
having short title, aud easily consulted. The move.
mont toward codihca'ion by the adoption 81 conc ;;
and conprchei~iv" ~tnlutc~. wmc IN" scattered laws
IL ' rcu "d m line Win IN, sentiment in many
OF the states for simplifying Of the law.
In some Of the States. however. Including New
York the amount Of legislation IS TIN unnecessarily
great Judge John H. Doyle. Of Toledo, president Of
the Ohio state Bar Association. NJ recent meeting Of
that body devoted the larger part Of his address to
clitici,lne the tendency ~ HAT state toward too
much legislation. Each Of H." book, containing ia"
Ohio session laws Of the last three or four years has
from 700 10 900 p1rrs. several OF the laws are
referred 10 at length in Judge Doylc address TO show
thcir character special legislation. In some 0f
them there Is an evident attempt to cvad" th" con
stitntioal provisions IN reference to legislation Of
that character. There l., for Instance, law author
zing any municipal corporation which by the fed'ra
census Of 1880. had At any future Federal census
may have. population Of l0,a"S To enter int" GER
tain contracts. Another allows certain privileges To
Il municipal corporation having population Of 3,oos
and stl another TO corporation having population
Of 7,141. In all these the word, ANY municipal
corporation supposed to make 1t general stat
ute, though, as there Is no probability that any other
town VIII have exactly the same population, tie law
Is practically srcCal legislation. ia this State laws
are frequently passed applying to any city having
over 1,0OO.0OJ population although there IS only one
such city In the State. Tile courts have upheld the
validity OF such laws although the evident intent "i
the Leeislaiuyy !, TO c,adc constitutional provisions;
The Of legislation Is thu, greatly increased, ana
rs Judge Doyle points out. the mmcIisc volume oi
laws must mcrcaS, the burdens of the courts the
statutes must j." construed and enforced. JudS'
DOYLE suggests that II the constitutional royson>
can be- successfully eNadcd. far the courts arr
concerned public opinion may possibly be brought To
bear ns Ia prevent legislators violating their
duty In radically dSOleylne the Constitution which
they sworn 10 uphold There IS little probability,
now ever, that public opinion viii De- lmmcdatcl.
affected In controlling the legislators In Illinois the
constitutional provisions 10 have been more
effective and The amount Of legislation In that state
Is now much less MT each session than II formerly