New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-06-25

WN "
CHIEF JUSTICE FULLER.
be possible TO obtain verdict for damages against
ihe Worlds Fair managers II they violated contract
with the United states in opening the gates 10 tie
Fair sunday, although the courts hold that IL Is
not case for an injunction
Chief Justice Fuller whose opinion practically settles
this vexed question, is thorough Chicagoan In lee
ing lie born in Augusta. Me-. In 1888 was
educated at Bowdon College and practised law for
q short time In his native state lie went 10 I'M
cagO however, In 1856, and spent tbirty-two years
in active practice in that city before his appoint
ment as Chief Justice In those years lie saw
Chicago rise from a town Of small population 10 pe
one OF the most popuous cities OF the continent HIS
experience at the bar was as varied as tha' VI
general practitioner can vel be- lie was KNOWN as
an orator as well a lawyer. and some oil MS pup
lie speeches highly praised. His appointment
to the Chief Justo,slip ot the United States was
some what Of a surprise TO many members OF the i.lr
in the Fast, he has maniaint the hgh reputation
Of tho court. The various conflicting decisions PreNos
TO that Of Chief Justice Fuller a. 10 opening inc
worlds Fair on sunday have caused mere bitterness
than usually attends the e'slol, 81 W., ,'ar,n.
only have the Chicago newspapers found IL inpossiie
TO see any weight In The arguments against me
opening Of the Fair. but The Chicago Legal An%s l.;
which is edited by woman. and Is usually hii'a IL,
lis ntc.an,cs. expresses come feeling II say INA,
the counsel for th" Government worked al Gay on
sunday 10 prepare their arguments against 'n' W.,
! Grafton of sunoay by the opening OF the FAIR Inc
opinion hy CEiet Justice Fuller. though u does no.
tnnli; end the di-pJtr VA, received WIN IaNoI do
! Chicago.
The fame CT Ex-Governor Robinson may nave al
ready been sufficiently great In his own stae' on' II
is seldom that any lawyer has taken so eood advantage
Of an opportunity TO win reputation throughout TUE
country as he has done in the trial Of Lizzie Borden
no other criminal case In the present geic&auon mas
excited ANYTHING Ike the interest which has attached
n tbi, most mysterious OF crimes. The reports In
The Nev-Ycrk papcrs have certainly exceeded In the
amount OF space and the reputation OF the newspaper
writers those If any other known criminal case. Inc
.ulosi.s on Mr.. Robins ms management OF the case
for tn defence, and especially Of his mastery cross
cxaminati II q tie witnesses for the prosecution
Nigh, have turned the head Of younger lawyer ana
n,ust certainly b.. n cause OF cong!aiulntion 10 'he
friends Of ~ eminent counsel IN" manner MIN IA
which Mr. Robinson led tn" Witnesses 'spcianA IhnNc
connected with Ia" police. Into numerous ronr rr.
lions shows that h. ma,i"r OF ,ha' mos' t ,
receive the same COMMUNICATION. bni II wa' pcrhaps
| rs wen for lis client that he dit not indulge IN
| AS he might hav" done. Many lawyers are not SUI,
fcicn,iy wise 10 know when cas-" already Won bn,
will insist upon fighting ms vigorously as II ,n"H hni
a desperate ease and lead juror, to believe that
they are afraid tina, they may not after all be- sncc's
iu Mr.. Rcbinson's management has been reih'rH-
ably alb" and discreet.
The Court OF Appeals last week decided the ap-
pcals In the cases the Toronto General Trns Com
/ ,any against the Chicago Burlington and Quincy
Railroad Company and the National Bank OF Com
merce. Of this city. Tie cases had developed some
Of trustees in the management Of trust funds The
decision Of the General Term Of the Supreme Court.
OF this city, at which Judge Andrews delivered the
opinion has been sustained by the Court Of Appeals
Charles H. Mulrhcad. Of Philadelphia was trustee
under the will OF George II. DunScomb. Of Canada
He sold some stock Of the Chicago. Burlington and
Quincy Railroad Compny belonging 10 the estate"
The sale was made with the knowledge OF the widow
who was execu,rix. and entitled 70 the income
Of the estate. Mr.. Mnrhoad nffcrwnri mad" I'M
fortunate Investments Of the money obancl from the
stock and died in>olvcn. The Special Term decided
In IA suit which brought by the Trust Company
on behalf Of the estate that Muirh"ad had right
TO sell the stock ana tina, The bank officers who
took part in the transfer knew of that fact, and n
Judgment was obtained az inst the bana the General
Term, however held that the trlsic" had the right
10 s"ll the STOCK for the purp~r OF reinvesim"n.
h"" h. There e WA VIA and Te n The s' bank gVc c"nG
not be held responsible for he loss, and The Court
Of APPEALS nke, the sam view rms d"c 40" ~,
questioned whether they could sell stock held by
them under similar circumstances.
Judge C!crcrch OF the Court Of Common Pleas. has
recently decided a which Is almost unique In It's
facts, at least IN this state. Robert DeSiy. the abe
Editor OF "Thc Lawyers !epcrs Annotated quotes
the In full although the decisions OF lower courts
are not usually reported In that publication. ana In n
note that the is almost curiosity anons
tho modern decisions applying an ancient rule which
rarely have application under the modern statutory
systems OF descent John j. Bradley. who died In
SOL leaving certain real estate. had 10 relatives at
hi, death thnn the descendants Of grandannts
ana Il grai.dnnclc The rnlc, In regard 10 the dsribu-
OF the real estate Of those who die without making
wills usually settled in this state by the statute.
Tie laws however do not provide for contingencies
uncommon the In this case, and only provide
for the distribution among certain nearer relatives.
The rights Of descendants OF brothers ana sisters
children the rnotest degree, OF brothers and sisters
| Of tho father and mother Of the ntestate and their
descendants are fixed by the law but not the rights
OF more remote collateral relatives Judge Glegcrich
therefore goes back 10 the commonlaw rule Of descent
gwen by Blackstone ono OF these rules or canOns
Is that the male issue shall be- admitted 10 the In
heritance before the female Many annoiaiCrs seem
10 think that this rule Is not In force In this Sat Judge
Gegprich, however, thinks that III. c0mm0nlaw rule
does apply In cases where grandunclcs and grand
auns their descendants the nearest relatives
and he therefore in the case which was before him
decided that all The Property should TO OF the
male relatives, to the exclusion Of his sisters and their
descendants Tho further OF this IL II Is
carried TO the higher courts will he watched aitenvcy
by members 81 The profession.
THE Yale Law journal" has Just completed IFS
second year. II Is OF the most carefully edited
and the most readable OF the law school publications.
The young editors say In their latest number that :" IL
Is pleasant to note that the supreme Court Of Texas
has decided that man has legal
right to ask a wOman for Kiss and TO insist
upon her granting it, This decision, however.
docs not 60 quite far the yonng editors seem
TO hope. but simplv holds that II Is not an aggravated
| assault for friendly terms with Woman Ia
attempt to embrace her, against her will. Even
this decision coca further than that OF some OF the
] other courtA