New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-06-18

guniIa'lOn. one OF The n4'all' FEATURES VI '''"'i'
College exercises was the granting OF d'ploma ~
blind man who has pursued his studies III spl.s o o
u, n'r WERE held Yesterday. and the General Term
will soon add Il large number Of lawyers 10 the IL
ready crowded ranks of the profession.
Imagination IS almost TOO weak 10 picture
tho sight Of a lawyer refusing f"c but II Is re-
ported that the spanish lawyers have struck III
consequence of the abolition Of some OF the courts
I'm which they had practlscd with profit II one
could suppose the Ncwlork lawyers a refusing
work on account Of the abolition of costs. or because
OF some other change IN legislation, the consequences
Of such action would be- decidedly embarrassing
court, would Ice idi". wrongs and injuries w9um
,frlsel. along the lost that they could with com
plicatod questions oi property. or the Important mat
crs Affecting Ill" liberties 81 ciilzer>. IN clly'
however where 80 large proportion OF the lawyers
earn small ncomc It not probable .na any nr,o Of
considerably less than at present t'en IN
spain e j. not Prohlr nat fee, VIM h. rs,,ed r l"r
think thrm,clNr, unIuNuy treated.
\ case Of interest t. Broohlyn lawyers and real
estate men In, recently been decided 10y the Court
~ ,pp.,l, and II seem that the question passed upon
has pct hcior been presented TO the highest court ot
the state The city Of Br oklyn Is unique In It's
method, Of assessment for street improvements. AS
sc,,rnt, are Lid and often collected long before the
work j, done. and sometimes II may be decided not
make the proposed Improvements. ana the money
l. returned. James - l. SlrhidIdl bioVMNHN H'H'
citizen had piece Of property on an nnnproved road
and agreed T. sell 1t ut certain price. There was
then 90 assessment on the property. but later and
after there had been delay In carrying ont The
Of sale, assessment, for future Improvements
wc" laid and the purchaser refused 10 complete tie
bargain until these we're paid. The Court of Appeals
ha, decided that while these ASSESSMENTS are strictly
speaking cncumbranccs. yet they are not an " en-
cumhranc," In the intended 10y the contract
The value of the property has not been decreased on
account of them. because they to pay for expected
"a, which IL carried ont VIII increase me
value of the property The rule In BROOKLYN VIII
Therefore be- dlcrcnt from that In New York in trans
fer, made hereafter. In Nrw.lork assessments laid
between tn. time OF mahinG the contract and the
and in Broolilyn must be paid by the grantee.
Writers In the law periodicals are advocating all
sort, Of strange doctrines N present. one cor
respondent thinks that clrcum,tanal evidence should
havo scarcely any weight. Ills argument is that when
direct evidence 1, given there Is only the perjury Of
the witnc,, TO BE- guarded against. while In circum-
> an,Ia evidence there both the possibility OF
perjury and The liability to wrong Inference from
the circumstances. The strength Of cIrcumStan,ial
evidence. according most writer's. however. IS that
there I, lrtlc probability Of perjury. the crcum-
stances are frequently slight In themselves, and not
likely To be- distorted by the witnesses who do not
know Of their full effect. 1t Is probable that many
more unjust convictions have taken place from per
DIrrd direct evidence than from mistaken differences
from circumstances. \rdrmns stewart. In d" The
American Law Register brllttlcs the value OF ex.
p,It evidence Ia an even greater extent than most
pr.yion, writers. English lawyers. writing 10 the
iondnu palc.S. have advocated to som" extent
strnnee plan for doing away with all oath> In legal
prnc,rdnc> 'hr ground that rrrlnrN l. ~ common
th,t simple de, laraOns to which the same penalties
for incorrect statements might attach would b. just
~ valuable testimony given under the present form.
Another theory which has found IT. advocate !,
that IN criminal trials. except for treason. the de-
fru.c ~ well the prosecution. shall be conducted
Ia public officials. rhl, suggestion l. rather more
-tring than any ~ the Others. and l. even more
nhcly Than they of adoption u may be that In the
,uI.rabundancc IL law periodicals, writer's hnd II
easter to u theory than 10 make some valuable
contrilu ion, to legal literature.