New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-02-18
FROM BENCH AND BAR.
,,ruERED FROM LAWYERS AND AMONG
THE COURTS

aroused over the election cases. y convection
was obtained in every case and new proof was
,y., that the courts will punish those who vo-
,ts the election laws we'll other offenders.
The Judges. and in some cases the prosecuting Of
Gcers were OF the same political faith as the Of
f.nders but there indication of lack Of
earnesness In the trial of the cases Although the
prosecutions were under recent provisions OF the
prenal codes. few important legal questions arose,
except as the admission OF evidence. justice
Bartlett used great care In keeping out doubtful
testimony. though strongly urged by the prosecuting
officials The argument OF General Tracy III me
for the aid Of the Jurors in maintaining the purity
Of elections
As the Court of Appeals not in session. the
principal interest last week in appellant cases was
in the arguments at the General Term of the ST.
nreme Court. Among the interesting cases pre-
sented was one to theresponsbilty of the cities OF
New-York and Brooklyn for the wrongful acts of
notice officers OF the Brooklyn Bridge. Theodore
connolly appeared for the City Of New-Yorii. AS
sls,ant District Attorney Lindsay. who has taken
the place Of Mr.. Staplcr in charge OF the appeals
for the District Attorneys office submitted one Of
his first briefs The main question, presenter was as
the 9Cspy OF the last in ET4pa ma Sa
tended the authority OF Harris against Harris In
Of p RspGT w sna' might bS proves S
the testimony of single witness II was arsuei
mia;ions the will must be proved for any purpose
by the testimony of two Witnesses
The experience Of Henry George In the tgat ION
over the bequest to him of nearly $4,000 in New
Jersey is good example OF the manner in which
lawyers and the courts sometimes exhaust the
amount in controversy leaving nothing for the lit
,gants themselves. The sum Of 500 was. after sew
eral years Of litigation. handed over TO Mr. George
The widow OF the testator. in whose interest the
controversy waged died In the poorhouse The
only persons who received any considerable benefit
from the estate were the lawyers engaged on one
side the other. Quicker and more economical
decisions in cases where the amounts at issue are
NJ larg
dicial system is TO be an object of ridicule
Chicago as well as New-York suffers from foul
air in the courtrooms The judges in New-York
often make complaints but the Chicago Courthouse
appears to be in even sanitary condition
that that of this city. The Chicago Legal News
says Judge Keitell is dead. Judge Spgg Is dead
Judge Mcconnell is not well. Judge Ewing has had
his health seriously undermined by the vile eScap-
ing gas in the courthouse and Judge Kohlsaat has
had to fly to the forests Of North Carolina in the hope
of regaining his health and strength lost by con-
slant work In the poisonous ar Oh me wnS
disposing of some Chancery matters but Is sem sT
10 seek health and fresh air n the South; The
county authorities have no right to murder our
provided with healthy and properly ventilated
rooms.
The courts have sufficient power to compel the
county authorities to furnish proper accommoda-
lions II they choose exercise the power The
Supreme Court of Indiana, not long ago. heid 'ha'
a court might order the person in charge OF the
elevator In the courthouse to operate II during the
sessions Of the court and his refusal might di-
rect the Sheriff take charge OF the e'eVh'oT'
The Court, ii was held could not be mpeded IN
its functions by any other department OF the gov
eminent The Supreme Court in this county mas
more than once exercised its power by directing
che Sheriff TO dspossess city officers from rooms IN
,he Courthouse needed for court purposes me
Court Of Common Pleas of Bucks County 70"
months ago. had controversy with the SonnH
pointment Of men to take Of the courthouse:
the re n ana 1 clean me cSr the court
house. and 1t appointed two ilpsisaifs. or coura
Of the courthouse and fits approaches and dschars-
ing the duties usually performed by janlors as 10
The other tlpstaff was directed to attend to the
fires and heating OF the conr, am jury 9 ,h
building.
1.-The Albany Law Jorunal." which has done use
ful work in publishing the addresses made at the
recent meeting Of the New-York State Bar Asso-
ciaton, has printed IN fun the DISCUSSION on
the paper read by Walter s. Logan, OF Newly rk'
on the judiciary article of the new constitution.
William II. Robertson. OF Westchester. ana Louis
Marshall discussed the paper There were indica-
lions that sentiment in favor OF Increased power
for the General Terms has grown since the Leg
islature rejected the plan Of the Judiciary Com
mission in 1890 Mr.. Robertson thought that the
number Of the Judges Of the Court OF Appeals
should be increased. but others who discussed the
subject held an opposite view The success OF the
plan for preventing delay in the United States
Courts by Increasing the powers Of the circuit APP
pellate tribunals has been used as strong argu-
ment In favor OF limiting the right of appeal to the
Court of Appeals by making the General Term the
final tribunal in many Mr. Marshall. who
discussed the subject with much force. thought that
the General Terms should consist OF five judges ana
that appeals should be allowed only when there was
fdUee at Isr
except in criminal cases and cases involving con-
stitutional law or questions Of statutory construc-
ton and in certain real-estate actions Permission
might be obtained from the General Term or from
Judge Of the Court gc "a Parc % he n over
which there will probably be me gre
which Will in May The proposition when
has sometimes been made to limit The tight OF a ,I
amount in eonroversy hxins the asH!e perhaps
S by w be sT3afy ~ argued in 1853 and
1859 ne discovered the important TACT tnat Wnle
cases that involve less than $3.50 the percentage
shown. were committed in the smaller cases than
in the more important ones LAWYERS are 20 r.-
rectly at variance 10 the proper method OF pre-,
venting delays In the courts that the CONSTITUTIONS
factory conclusion but the discussions at the STATE
Bar Association meeting Will be OF substantial as
sistance to the members Of the convention
The recent convention OF Michigan Circuit Judges
afforded opportunity for valuable interchange
OF opinions by officials who rarely have an oppor'u-
n4ty OF discussing among themselves the questions
of practice and procedure in the courts which fro
auently arise, and on which uniformity Of decision
is important. At the convention Judge Moore made
some valuable suggestions az to avoiding delays IN
the Circuit Courts. Peter +. Dodds made an al
dress on measures for the prevention OF perjury,
subject which has caused much discussion in other
States. The prevalence Of perjury and the dil-
Guilty OF punishment have frequently been com
planned OF By both lawyers and judges Judge
Dodds suggested that the Circuit Judges unite IN
a determination TO to IL that shouid
give testimony in their courts without clearly unher
Standing the nature Of oath. The Judge, or ms
clerk might caution the witness against committing
perjury before the oath was administered IL was
also suggested that the judges should exercise an
their power to punish perjury when committed ~ y,
f..iaa "a n1.tin hx he