The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-05-28
NOTES OF Legal PROGRESS.
y~.s.~.st,.s Feature. OF the Year 1900.

the Second judicial district OF this state. TO
succeed JadFs Joseph r. Barnard Of Pouzh-
teepsis. whose term expires at the close Of this
present. year. The Second judicial district
consists Of the nine southern counties OF the
State, exclusive OF New York county. Tho
number OF members Of the Judiciary Conven-
lions Ia the district 10 regulated by the num-
ber OF Asssmblymen. 80 that under the new
spportionmsnt Kings county will have q ma
jority Of the delegates. although heretofore
the DELEGATES from the rural counties havc
eutnumbsred those from Kings. referring to
this fact, tho Neu York Tribune says that In
asmuoh ss Kings county can control the action
of the Convention. Judge Barnard may BIO set
aside, but adds that "the convenience OF the
lawyers Of Duchess county In having q Judge
In Poughksepsie may serve to act rs q con-
trolling factor and keep him upon the bench"
In making this comment our esteemed con-
temporary ignores the fact that Judge Bar
nard's term will expire In December
By reason Of tho constitutional limit Of
age. and that he is therefore Ineligible
for reelection. He has twice been elected
By the unanimous action OF both political par
ties, and there Is no doubt that he would be
elected again In the Same way were It not for
the disqualification OF age. II Duchess coun-
~ can present to the Convention any one Of
like strength Of character and ability. there Ia
little doubt that Brooklyn would give heed to
the claims Of Poughkeepsie in this respects:
but, whom Judge Charles +. Brown Of New
burgh Is 30 near ut hand. the Duchess county
bar will probably have to put forward q better
candidate than can be found in Kings. Queens.
or Richmond. II the nomination is to 60 to
that part OF the district. Among the names
thus far mentioned as possible candidates are
Daniel W. Guernsey. County Judge. and James
I. Williams. State Assessor. OF Duchess: Ste
phen D. Stephens. County Judge Of Mchmond:
Augustus N. Weller. Surrogate. and James W.
Covert, Congressman. of Queens: and Ma.
thanisl Clement and Augustus Van Wyck.
Judges Of tho City Court OF Brooklyn. from
Kings county.
The laws OF this State in regard to the incor-
poration Of societies or clubs for social. benev-
olsnt, Rymnastic. literary. artistic. and sport
ing purposes. provide that there must be en-
dorsed upon the certificate OF Incorporation
the written consent and appreciation o! one OF
the Justices OF the Supreme Court for the dis
trict In which the principal oflce OF the society
or club shall be situated. The certificate must
be nled In the Office OF the Secretary OF State
and also in the Office OF the Clerk Of the county
jinswhich the corporation is to have its head
2 quarters. An organization calling itself the
Universal Thrift Company OF New York pro-
pared q certificate under the statute and pro-
cured the proper endorsement ny n Justice of
the Supreme Court in this city. The business
OF the corporation was stated to be =" to estab-
1ish and create q helpful opportunity for
thrift among cash purchasers, upon their indi-
vtdual and family expenses. by providing for
commissions from tradesmen on cash sales
which are TO benefit. through the company.the
purchasers" The Secretary OF State Mt Albany
refused to file this certificate. upon the ground
that tho objects stated In it were OF n business
~Ak,,rz n,J Ala n4t ANNA rv;th:- tIn rrto
Of the statute for the incorporation OF
social clubs and societies. The persons
interested In the proposed corporation there
upon applied to the Supreme Court for q
writ OF mandan1us commanding the Secretary
Of State to file the certificate. on the ground.
among others. that the judicial certificate OF
approval was conclusive upon the authorities
q Albany. and that the Secretary OF State had
no discretion to refuse to receive and file tho
document after 1t had received the required
Endorsement. The application for the manda-
mus WAS refused at Special Term. and the
General Term OF this district has just sus-
tatnsd the action of tho Secretary OF State.
holding that the consent and appreciation OF q
Judge. as required by the statute. is but one
Of the conditions precedent to the right to fls
certificate and thereby create a corporation.
Tho General Term also ntimate that the
Secretary Of State was right In the view that
the purposes Of the Universal Thrift Com.
psny wore not such as to authorize 1t to be-
como Incorporated under tho laws for the
organization OF social clubs.
The Supreme Court OF the United States was
recently called upon to decide a curious aues-
ton relating to what Is known in law as
the doctrine OF idern sonans. or similarity
In the sound OF names differently spelled.
The case arose on a tax sale in Oregon. The
defendants name was Ida J. HAWTHORN. Her
property was sold under a notice OF sale OF the
land Of Ida j. Hawthorn. The United States
Circuit Court in Oregon held that this differ
ence in the name invalidated the sale OF tho
property for taxes. and In the Supreme Court
at Washington 1t was argued that this view
was erroneous. the names being SO nearly
alike as to amount to q sufficient designation
Of the individual to which they referred.
Counsel for the plaintiff gave the following In
stances In which the spelling had been disrs-
Rarded: Havely and Haverly. Mathews and
Mather. Anthorn and Antrum. Mclaughlin
and McGlofin. SeRrave and Seagrave. Cham
bles and Chambless. Comfy and Connolly. Co.
burn and Colburn. Gigger and Jiger. Kiah and
Courier. Fourai and Forrest. Mr.. Justice
6hiras. however. speaking for tho Supreme
Court. declared that by no reasonable %applica-
don OF the rule OF idem sondns could the name
Of Ida j. Hawthorn be deemed equivalent to
that OF Ida J. Hanthorn. and In this We think
he Was clearly right.
The intercollegiate Lao Journal 10 a monthly
publication devoted to the interests Of our
principal law schools and containing interest
ing contributions by instructors at these instl-
tutions. In recent number we find an article
By Prof. Christopher g. Tiedeman OF the Uni
versity Law School OF this city upon the police
--.,l AA1 MI -AI
Gle concludes with this statement:
"Thus we have In New york city q league composed
Of influential ladies who have agreed themselves and
- induce the public generally. to abstain from having
anything to do with certain stores where tho
women clerks were not allowed 10 sit down
Or TO have Ice water or were otherwise mai
treated. The Justification Of this boycotting 10
The snort TO prevent what. in the opinion Of the boy.
settlers, 10 an oppression OF the weak: but the same
may DO said OF every boycott. even OF the dis
graceful Homestead strike. The practical difference
y. apart from n" violence and murder attending the
latter occurrence. that the ladies' league 10 sup