New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-03-11

both parties at the expiration of his fourteen-year
casions shown partisanship in election cases but
his reputation is still that of one OF the apiest
judges on the bench His opinions are usually Driei
and clear.
William II. Townley who died last week. was
successful practitioner in several branches OF the
law. He gave at one time especial attention u
customs cases. he had been in the custom Rouse
service His genial personal qualities made MN at
tractive to men of both political parties. Few poll
tlclans probably on the East Side, wnere
politics Is largely personal. have had SO many
friends among the members of the party which they
opposed As n lawyer he was among the more
active of the younger members OF the bar ana naa
a good reputation for earneStness ana success Inc
death of Deputy Clerk Joseph b. Coe, OF the Court
of Common Pleas removes one OF the most familiar
na class sol Of court oicias to whom the elder and
the younger generations are allke accuSloneu anu
YIN ao rra % Of one OF them ST makes as marked
change would the falling OF one or the pillars Oh
the building
The Court OF Appeals last week rendered Few
decisions and in the previous week much larger
number The tax cases were the most important or
those decided last week. Patrick ]. Gleason the
former Mayor of Long Island City. won a legal VIC
tory the Court OF Appeals reversing judgment
found against him for nearly 5000 for the hire Of
horses to be used by the Long Island
CITY Railroad Company. on the previous
Tuesday the conviction Of Thomas Weich
was affirmed in n long opinion asserting the Juris-
diction OF the New-York courts over offences COM
mtted in the North River. The case was one or the
first in which Assistant Dstrct-Attorney John d.
Lindsay appeared at the Court of Appeals, represent
ing the Dstrict-Attorneys Office of this city. The
Unknown case OF Eugene Kelly against Jay Gould
was also decided the judgment Of the lower courts
being affirmed. The right of the Round Lake AS
ISOLATION to prevent storekeepers from beginning
business without permission under the form OF lease
usel by the association affirmed A man VINO
held q lease from the association, pronlDltihg the
opcning OF a store on the leased ground without
permit. did. nevertheless. begin 10 carry on gen
the lot The managers OF me & , 49, th
suit for Injunction The lessee declared mat the
1 h 0' from is Carrying on lawful business The
lower courts declared that he could De preven.e e
and the Court of Appeals has affirmed the judg-
ment As there are many oher hn scsIon
IS important in defining the rights OF the lessees
The Court OF Appeals affirmed recently the judg
ment of the Albany General Term in the case OF
lanes Ten Eyck against the Protestant Episcopal
Church. involving the construction of the tax clause
The church corporation leased lot OF ground agree
ing to pay taxes and assessments for paving nag
cling and repairing the streets on which the LOT
fronted but the owner to pay for assessments
FOR public purposes Of an extraordinary character
or for permanent improvements. The street In front
OF the lot had been paved with cobblestones for
many years but under act OF the Legislature the
city authorities took up the pavement and replaced
on the lot was about twice the annual REM paid py
the church corporation the courts decided ace Una.
was a permanent Improvement and or an extraordi-
nary character 50 that ne owner ana n9 Sa Inc Inc
lessee required to pay the assessment n ne ue
cision at General Term was reported IN ADnous
ton Of tax clauses in leases.
Judge Freedmans vigorous language in his opin-
ion accompanying the decision of the action for
aration brought against Charles f. Bates ana the
strong comments In 1.-The New-York Law Journal
call attention again to one of the most annoying
evils which were the lot of trial judges. Under
section 03 OF the code the Judge must note on the
margin of the requests submitted by the counsel.
his ruling as to each proposition submitted Inc
nrovlsion was evidently intended TO enable the lti
gants 10 ascertain exactly the opinions OF the
Judge on the important Issues on trial. and TO avoid
1t has become the practice. however
for some lawyers to ask the judge 10 pass upon upon
many questions OF fact and OF law which are oniy
remotely connected with the decision on 'he nai'
issue in the hope that some mistake VIII be made
which will afford ground Of asking for reversal
OF the judgment. Sometimes the requests are so
drawn that either direct approval or refusal U.s..
would be erroneous The attorneys FOR ~, the en gie
pllcity OF these requests In the three lAvingston
gcther 200 proposed findings OF iacis anH sev
pnty requests for conclusions OF law In the SchnugS
and tw@nty-two on the law. The courts have sew
cral times criticised this method OF PROCEDURE anu
in OF StcuDlDS against the +NeN-ioth
ted Railroad Compaiy the Court OF Appeals Sis
trined a refusal pass upon vague statements IN
Guided in the requests of the defendants counsel.
In the Bates Gaze the attorneys for the plaintin
asked the judge to pass upon no less than rs md
inra of fact Judge Freedman. by requesting the
a ttorneys for the defendant to suggest answers
t me requests divided the responsibility for correct
rlings but il is unfair to require the judge In II
case OF such character to pass upon 80 large rye a
~hanre I'm the law by which only the important
ma terial facts must be definitely decided by the
Judge is so strong that the Legislature may amend
the code in this respect.