New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-09-30
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COI'RTS

GATHERED FROM LAW fERS AMI H"OA>"
THE COURTS.
All the civil in this city resume their ses-
SONS tomorrow and thus begin the work OF the
legal year. Presiding Justice Van Brunt and
Justices o Bren and Parker will sit at the Genera
Term OF the Supreme court TO hear non-enumerated
motions. Justices Barrett. Andrews Truax ana
Beach will preside at the Circuit Courts. All the
Judges OF the Superior ana Common Pleas courts
will be in their places. the trial terms In the Com;
Pleas being held by csf na in he su
Deror Court by Chief Justice Sedgwick and Judges
prepared in moss Of the corts Tne Calendar OF
in the Circuit Court numbering several
endar In the Superior Court consisted Of an UNI
usually large number OF cases. and IN al me
accumulation OF causes most OF the trial courts
the system of calling the cases in one part Of the
viii be followed out, as the Judges believe that
considerable saving OF time is thus affected the
year in the of the city will be memorable
the last In which the ancient Court OF common
Pleas and the saDeToi Court vii, exist If the
vention of this year are adopted at the polls
The four months OF steady work by the members
Of the Constitutional Convention WILL unless the
people their labors the November election.
be the important in the Constitutional history
Of the State in nearly forty years. The Convention
OF this year viii be noted Of the most busi-
nesslike of the bodies engaged in revising the
fundamental law of this state The constitutional
Convention Of 1921 sat for about three months me
Convention of 1886 which, in the importance or the
work accomplished and It's lasting influence on the
in the history Of the States, remained in session
about the length Of time the Convention OF
this year. The Constitution which It prepared sun
stands in most Of IT, important features as tas
sat from June Of that year. with some intervals
Of leisure until end of the following February.
a large part Of the work rejected by the people
At the Convention OF this year the preliminary
rf,f.fc hn1
plant was made of delays by the various COM
mittees but taken vas whole 1t wasted little time.
and the important changes accomplished de-
llberately and without unnecessary speech-making.
The latest reports Of decisions in this State con-
tain an unusual number OF peculiar accident caseA
A Buffalo boy who undertook to steal ride on
horse car was startled by the unexpected appear.
ance of the CONDUCTOR whom ne supposed to be at
the other end Of the car, and in his fright he fell
off of the and was injured. Although the Court
ned that he a trespasser, he was allowed 70
recover damages from the street railway company
A Brooklyn man found dead on the sidewalk
close to a bridge butt over an excavation In the
sidewalk The bridge imperfectiy constructed
and the position Of the body indicated that the man
must have stumbled and fallen at the place wnere
the defects existed His legal representsatiy es were
allowed for the loss or MS lie from tne
builder Of the bridge From Columbia County comes
the case Of a who skating on the river
where the Ice had been cut and the surface had
again froz.n over. but not 10 sufficient deptn
The lazy requires that % h SusaE nee the c
with fence or guards until new ice had formed 70
the depth Of six inches The skater fe into me
river whore the ice was only three-duarters OF an
inch thick and drowned verdict in favor OF
his representatives and against the company whicn
ported within the last few weeks. men jumped from
moving trains at the suggestion Of ION ana
were guilty Of neggence IN mpns ,b IRON ums
even though the official representing the company
had encouraged the acts OF reckiessness
Five Of the six candidates Of the leading parties
for State officers lawyers and most OF them are
in early middle lie. They all became prominent
n affairs at comparatively early age Law
yers usually have advantage over those OF other
OCCUPATIONS in gaining early admittance TO public
NE but IT does not oftsn naprn ns psbc
oce are from among the ranks OF members OF ,ne
bar having like history Of early reputation won
In the courts and public andlrs
Law journals in all parts OF the country have dis
cu.sed with varying comments the case of schell-
enberger against Ransom. recently decided By the
Sun-ene Court of Nebraska If for no other rea-
son the case would be remarkable. because the Ne
bra ska Supreme Court. after deciding the case IN
one way granted a reargument and after holding
the matter under consideration for nearly three
vears rendered an exactly contrary decision to
that first announced. The main question discussed
was as to whether father who had murdered MS
daughter could inherit her property The New
York Court OF Appeals in the weil-Known case OK
Riggs against Palmer held that though there was
no legislation providing tor such case, yet inc
courts as a matter Of public policy would not allow
a person to inherit the property OF the one wnom no
had murdered The opinion at that time, rendered
nv indigo Earl OF the Court OF Appeals, was re-
garded as a noteworthy one, and was commenced
by many lawyers as laying down necessary ana
proper rule, although not founded from any law
passed by the Legislature Inc Neoras.a couis a.
frst followed that decision, but now the Judges
have come TO the more conservative opinion tnat
not oyerurn the established rule OF descent and de-
prve criminal Of the propery WhTh There ne a. much
proper criticism of some attempts ny me court 20
vpon on by the legislature but instance
the allowing of profit to a criminal from the Per.
of murder that 50 the % decision i
popular among laymen II hot n AMONG s%nreme
Court.
The effect of recent statutes in England as 70
the right OF married women 10 hod and convey
nrorer,v has been A subject OF much discussion
IN English law Journals The Justice OF the Peace
in an article on Female Trustees" reviews the
legislation Of recent years, and shows now one ana
another restriction has been removed so that q
married woman now act as trustee or executor
with almost as much freedom man can Under
the common law the husband he'd the property, ana
was a.so Liable for breaches OF trust committed oy
the wife, so tina, there were grave objections 10
,"owing her 10 act as A trustee. The present liberal
acts regarding the property of married women a,ow
a woman TO make contracts and TO ho:d trusts Tree
from the control of her husband and without render-
ing him abe for her acts If she should prove dlsnon-
es. The British Parliament is IN some respects con-
sentative In dealing with property rights. put nas
taken an advanced ground in re.ation TO the risnU
Of married women in the MANAGEMENT OF properly
independent OF control by the husband
Pie English avs relating to offences again"
Children have undergone considerable alterations
| cs,tlv Acts have been passed providing for the
n,rishment of assaults committed against children
in such manner as to be iikey TO cause suffering
or injury to health to MAIN or disiisure chilo.
The punishment is made much more severe when
there is money payable 10 the DEFENDANT IN case OF
the death OF the child This law was prooao-, y"