New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-02-05

the class OF Is43 and IS prominent at all class re-
unions Hi, sturdy figure and features, lighted
with genial smile, are often seen In ana about AIuii
Hall at the meeting Of Yale graduates. and his wit
and good humor make him socially popular Ills
| career on the bench has covered twenty years; he
| was appointed IN 1873 as the United states District
| Judge for Connecticut and retained that posIuoh
until appointed to the bench Of the Circuit Court
He has taken part In deciding most OF the cases which
| have been argued before the important tribunal Of
| which he Is a member. He has given n number OF
Interesting decisions in patent cases. Ono OF MS
| most important recent opinions that in the
customs suit arising Of the importation OF sweet
| ened chocolate by Schllng, Stellwerck d. Co. Ihere
| is a paragraph in the Customs act fixing the duty
| on chocolate (othcr than chocolate conlection
| cry and chocolate commercially known as sweetened
chocolate) . cents per p)und' The importers
| tried show that the intention OF the legislators
| was that the parenthess should end after the word
confectionery and that sweeened chocolate should
| be subject to duty OF only . cents pound Mem
bcrs of the conference committees OF the senate ana
| House Of Representatives. on the Customs act had
| officially said that such the Intention OF both
committees and 1t appeared that sweetened chocolate
was otherwise specifically mentioned as subject
TO duty. Judge Shipman, In the prevailing OPINION
holding that the parenthess must remain In the act
and sweeoncd chocolate be considered dutiabe uhder
some other paragraph, said Are. them the decaru'
tons Of the members OF the committee sufficient 10
,inI eg IL" odv and Received the approval Of
the President. and to construe IL IN ,h. rch
| the Intention Of the committed think tnat sucn \
judicial construction OF statute Is akin TO judicial
legislation which. as Congress has refused 10 sI.
upon the subject. II Il well to avoid" Judge WI
ncr in a dissenting opinion. considered the paren'
thesis simply punctuation which cou n,arSea nv
regarded and the statute construed as lntrhueu u
| Congress Judge shpman's influence In the court
has been conservative, and he Is rrgarded as one VI
| the most careful and painstaking oil )udcii o"ee''
! Many complaints have recently been maze vi 'ne
conduct OF attorneys IN annoying business men ny
means OF forms intended for the collection OF uco'
but CAPABLE also Of for backma'l ana oppression
| There are II seems not few members OK the OAR
who are willing for the sake Of tho fees to 10 90
tanned TO enter into conspiracles to Cypress or rip
msincS, houses. The acts Of such attorneys are not
subject TO close supervision which they shouu
receive from the Bar Association, ana II lhe h".e'
are skilful enough to evaGc the criminal laws t"ele
seems 10 be no punishment for them In England
ard norhups in some parts Of tins country, there Is
, closer SUPERVISION of the conduct Of members OF me
lar and any charges OF tho misuse OF flndS or ol ~, We
oppression Of clients arc quickly o'9 TnssnI will fre
aucnuy at one sitting hear dolen or oc",y against
solicitors Fines are imposed solicitors are suspended
or dropped from the roll or impri~2lnmeS may %iDy
Moor persons i'm this country who are defraideh or
nlsiScd Ly their attorneys can ma no H'Gdr' -,
public esteem Is lowered.
"Thc Ncw-lOrI, Law Journal Is added to the ions
list Of similar publications opposing further inhc-
ton OF capital punishment II seems To be beyond
Doubt that among lawyers. at least there IS continued
growth OF sentiment In favor OF the abolition OF the
death penalty. Several Of the better known legal
u.rlodicals have recently had articles attacking the
laws providing for punishment by death. THE New
yorl, Law Journal points out that for murders In
spIrcd By ntoxcaon or passion no penalty operates
~ a preventive and that I'm long lremedai"d cases.
srch a those bv poison mur,crers usually rely
on their cevcrncss TO escape detcciion The penalty
does not often into the calculations of any class
of muricrrrs Congressman Curtis 0f this state. In
,dvocating the abolition death penalty under
tlc United states laws shows that In Michigan Rhode
Island, Wisconsin ana Maine" Mhcr" tic nra'h PENNY
!, not inflicted tile number Of murders has steadily
dccr"a Sod II NAV be questioned whether there IS |
the same opinion This subject In tho community ~
l"rgo Int among lawyers there seems to hnvc been
IN rcascdly strong sentiment against mis- ioh OF
punishment.
The recent meeting OF the Illinois state Bar Asso-
claon was chiefly remarkable for two addresses by !
elderly lawyers. In which there marked differ
cncr in sentiment. Lyman Trnnbnll. the president |
q the association. in his annual address criticised
Judges and lawyers for their lack OF progress. lie
asserted that IN branches Of science In medicine and
theology. and every whore except In law there hal
been great progress within hundred years, while
tho science OF jur prudence al stood sill. There
was Il universal following Of preceGents ana little
ol iSnal thinking lie quoted ihe Rule In ,heleys
C,, rs an instance Of the strength Of antiquated
doctrine and lamcntcd that lawyers and judges were
inspired 50 little with the spirit of progress. and were
50 sulscrylcnt to forms. prccedcns and authorities.
The otter eminent member Of the bar who spoke ut
The meeting in Sprng ield John Dean Cation. who
was for numer of years on the bench in Illinois,
and who Il now eighty years old. lie gave n
picture Of LEGAL practice ~ he knew 1t ffty-hvc or
sixty years ago. and his STORES fun Of Wit ana pleas
ant recollection, showed that In many respects at
l.tJ l.. rrtli |
I'm spite OF Pre-. drnt Trun.bu!l's belief in the con-
servati>m Of lawyers. Judge Cation said that by
practice. sanctioned by court and lawyers. mach OF
the vcrbo.ity and Formally formerly required was
eliminated There had also been great changes IN
,h. Law OF evidence 50 that now person who has
4 pecunary interest in thr event Of II trial is not
formerly entirely cc5arrcd from appearing as wit
ness and criminal i, allowed 20 testify in his
own behalf. The admission OF women TO the Tar was
also referred +, rs a step in advance. Judge Cation
lrac ,ed In the Old Circuit riding DAYS with Lincoln
stewart judge BreeSe and Judge Young. Both at
me meeting Of the association and the dinner which
followed it, he was fall Of interesting "reminiscences
Of tie early days at tAe bar IN Illinois llis hope
Tul view Of the advance In legal methods was In con
rnst 10 that Of Judge Trumbu, but IN" criticisms Of
the latter the weight OF precedents and the lack o!
original thinking among lawyers deserves serious at
tcatiOn.
The Columbia Law Tmes.' under its present
nasement /, one OF the readable of the legal
periodicals and the current number IS full OF bright
paragraphs. Paul X Anes, one OF the founders Of
the magazine. gives some coed advice to Young pac
tltloner, In their relations witt! their clients. The
f9riUnntc bin offered in III" Lessa;are provtdng
for the admission to practice attorneys Of old
bels VI the Legislature. without any examination a.
10 their fitness.
several recent criminal decisions are Interesting
In a Texas case the verdict In these words I'VE
the Ju.y find the defendant guilty OF the thcilt. and
assess his punishment six years IN the Pereniu.e.'
The convicted thought that h" might escape
on the ground that the poor spelling made the verdict
but the Texas supreme Court has su'
taincd the conviction. The same court has Just de-
cidcd the Of man accused OF stealing horse
" lich had jumped into his field and was kept there"
Tin; court said that as there was fraudulent intent
Of the time OF The tahIng thcre IArcrny. The