New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-01-14

Ills pupil has far SURPASSED MINI '''' INN
became a Deputy Assistant almost as soon aS H.,
- -, .,. and has drawn with his own hand
,.t ,r th. tons Of thousands ~ indictments WHO"
n,y.. been filed i'm tn" court of General sessions
AND OYER and Tcrminer for the last t'h Y'''S'
large part 81 the space occupied IN t, aal cas.s
.,.ri,is I'm fL. appellate courts IN crllnhHtl 49,
49, ,brr Sfat.s Is taken up with the discussion Oh
,rd ,u,uy convictions reversed on
'l'l'. ~, i.farfs in those instruments. In this
,,,tnfy however criminal lawyers ral'll 'Hh' ',.'
,r.iil. H. examine the indictments critically, .N
thar Nr IIud-ay's indictments hI" N.Y. ho,. al
,.r.t nom uroy,s the correctness Of this brlei
Mr. Lindsay has also shown aptl'uu' a"t ,,,i
work i- g. required In preparing o',H'S }m ms
ami is fuH Of Information ON all iechni'u, Iu II
,ou- Of criminal law ne Is an "' and his views
on interstate eNtridtion p9eshei y -eCev heen
ago were precisely those %hIh hhest noirts in
IN, United states he IS 'hs a1tHor 81 norlaI 81
United States history
John NJ Bowers appeared last week In the courts
,s counsel for cN-Mayor Grant receiver oil the
-, Nt.hol,s Bank MIR Bowers Is already counsel
fr .n. ar more National banks I'm important M
cations. IT, is tho younger member OF IN" III III
~ Patt ~ Eowers. ami does most 81 inc I'M
,,rt,,, court work ~ the firm. In his busy ao-
,lytv ne furnishes an example OF the varied du'''S
~ a successful practitioner ~ to-day he argues
,n irnuorfout motion I'm 20 litigation between great
financial Institutions again he gives icga a'Nc'
g., "a. Randi Transit Commissioners. at another
timc me- M with ncripv So iarge "A share OF tho
,,fi'n ~ the courts In the Iorillard case h" So
,,,I - Punbirh win f,yorahly AFFECT the interests
~ many rich men. IIc has acquired i2rss PracrCr
and has rauillv added 10 his professional r"puta-
ZION and the number Of his clients uhlu ne ~ ~
GAINED high rank among the l''''i7 '' "'
Bar
.rte New-York Law Journal" has published some
,.,s. and timely remarks on the importanc" OF
ll-sontin, opinions In close cases Decided 10y the
,f,ollte courts Tho dissenting opinions IN many
eases appear 90 judges in other states u "'N'
a better foundation in reason than IN" majority
opinions and il not infreuucntly happens th'' inc
dissenting opinion In on" court FURNISHES '' "'H''
f,r a controlling opinion IN another. Some instances
are cited in "Th. Law journal" and many others
F might be mentioned The New-Nork Court or APP
roal4 is engaged Just now In striving 10 dispose
Of the cases which accumulate rapidly ana inc
inlons nrc necessarily short and dissenting judges
frequently DO not write opinions. the lhl''d Hu'''S
supreme Court is pointed ont As model Tor any
Judge Of that tribunal does not hesitat" 10 eN-
press his opinions Al length although the majority
of the court be- opposed to his views. Sometimes
the riger Of the dissent Is remarkable. esp @lly
when Justice Brewer or Justice Brown wri'S tho
opinion. I'm IN" recent case Of Alexander Allen a
boy If fourteen years. convicted in Arkansas of
murder. the United states supreme Court r"vcrs'' !
conviction principally because the trial judge had
stated 10, rlahoracly he process ~ reasoning re-
duirrl Of man before h" was justified IN Killing
another. Justice Brcwcr in the dissenting opinion
/ speaks almost contemptuously OF the conclusions
Of the majority of the judges lie refers To INC
| charge delivered in the trial court ana says: I'm
other words the court has stated what is strictly
ana accurately true. Yet because II Is abstract ana
metaphysical. this court will presume that the jury
! ld not understand and might be- mised by II.
/ When did II become rule of law that a court Of
| error should presume that the jury In a trial court
were ignorant? Whenever before was 1t heard that
verdict to be- set aside 10y an appellate court
on the ground that a jury may have been mislel
ton 1t IS conceded. Is strictly accurate and appi-
| cable To the cAsc?" The majority ~ the Judges
| perhaps. cnIeavorcd to find an excuse for re-
vcrsal because the person condemned To- death was
Of accountability. and who hld been TAINTED and
threatened by the white boy whom he killed
one OF the cases referred to in "Thc Law Journal
in which dissenting opinion would have been valu-
! able H. that recently decided In the Court of APP
pcals holding that person fishing on Sunday Is
| guilty Of a msdcmcanor. though the fishing Is
done on private grounds one Moses who be-
longed TO "A private club accused Of fishing on
Sunday In a pond belonging to the club. Four of
the seven judges decided that the act was "A crime
while three believed that offence was com
mittcd There has been SO much difference OF
opinion In the courts as to the SUNDAY laws
that discussion of the question by the minority
Judges would have been interesting. Two recent
opinions by the Supreme Court Of Georgia hold that
telegraph companies cannot be- required to send
messages on Sunday unless It appears from the con
tents of the telegram that the transmitting o. mem
would be an act Of necessity or of mercy. EVEN =
| specific contract To deliver ordinary messages on
sunday could not under this construction OF IN,
Georgia laws. be enforced I'm one case the sender
Of the telegram wished To inform his mother ma
he would DE AT home with friend Ia zine Win
her. The Court said that 1t simply sorh
engagement and the message was not on a matter
Of necessity or mercy. II probable that the id>
10 whom IN" message was sent may have thouSnt, u
was an act Of mercy If not of necessity to inform he
that a visitor was expected In another case III,
| tclegrhphlc message was In these words me-
the T.. T. train at , O'Clock" The sending OF I'M, u,
message. II was held would be the performing 9i
labor on Sunday, and forbidden by Jaw IL
this strict rule were enforced In many states re
advantages of Geographic communication would De
greatly reduced
The defining Of the word baggage has oi'en
been difficult matter for the courts. Many cases
arise the loss of articles carried In the trunks
OF passengers, and a. railroad companies ara VIZ