New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-01-28
FROM BENCH AND BAR,
GATHERED FROM LAWYERS AND AMONG
THE COURTS.

THE COURTS.
The nomination of Wheeler H. Peckham for Asso-
ciate Justice of the Supreme Court whatever oppos-
ing politicians may think of it, is extremely popular
among LAWYERS. Mr.. Peckham has always had the
hieh regard of the members of his profession on
occount Of his personal qualities as well as high
80, ot,a,nments lie ranks among the half dozen
,ea8ers of the New-York bar. and his nina Is
largely of the judicial Character-keen. acute ana
fair In the opposition TO the election OF 'uuse
MAYNARD which has been used as an argument
AGAINST him. he fairly represented the leading men,
hers of his profession in this city, as with one or TWO
executions no lawyer of great prominence IN 'he city
nublicy advocated the election OF Judge Ma! iaiu
10 the Court of Appeals bench. His age Is not
far from that of Judge Blatchford wheh he ieoeNeu
his appointment President Cleveland III n'aNi"s ''e
nomination. has followed his usual praCtice Ill IAN
ING the members of the highest court from the ranks
of the profession. rather than from Judcial onces'
President Arthur always, and fresluehl mann
usually selected Federal judges Tor proho'oh "
tho Sunreme Court. President Cleveland IN his
former term of office selected the Chief justice from
,none the practising lawyers and Justice Lamar
,roro the Cabinet Some of the Supreme Court ap-
,o,n,n,ents made by Presidents Lincoln. Grant and
f,ves We're from the active practitioners. while In
ne cases Judges were promoted. The success Of
the appointment does not seem TO depend upon 'ne
mvcb as upon his mental characteristics. Justice
miller one of the ablest constitutional lawyers who
mas mas yv1ical Office before his appointment and
Chlef-Justicc Waite was taken from the RANKS VI
the profession
few decisions OF Importance were given last
ussk by the Court of Appeals. The case OF the
rb,,rharVhvland Company against the Tax Com
,,issjoners was decided at the Special and General
forms with only the brefest opinions of the judges;
hut the decision will affect large amount OF prop
erty and will probably result in large increase OF
the receipts from taxation. The practical distinction
between foreign corporations and those organized
tho LAW Of
recent decisions of the Court OF Appeals. Only
few weeks ago the Court held that foreign cor
norations permitted under their charters to hold real
e.tate might hold and convey land in this State in
spite OF some apparent restrictions IN the act OF
1884, II foreign corporations when have compiled
With the requirements the statues for doing bust
ness in this State he fully taxed here and may
hold and convey real estate freely as corporations
OF this State, the place of obtaining the charter VIII
no less important The Court of Appeals also de-
c5ed last week in favor of the validity of the law
allowing a portion of the proceeds Of excise
licenses in Brooklyn TO the lnebrate Home on
Long Island. The litigation between II. II. lsham
and the Post estate was also partially decided.
though a trial will be necessary to determine
as 10 the irrespective responsibility or trustee ana
Of a banker in the disposition of trust funds after
ward lost by the crime Of a stockbroker ~ few
motions were also decided by the Court The de;
Sections VAS not Unexpected The legal questions
decided in the lower courts were simple and no
other construction could be placed upon the pro
visions of the Constitution relating to the qualiica-
tons of electors.
The Fayerweather millions will dwindle quickly II
the law suits continue over his property Inc case
Is not one in which generous lawyers VIII De
likely to abate any of their charges and the counsel
engaged are all able to command large fees Inc
widow being dead and there being child 70 In
herit the property the dispute is among those VINO
have 10 natural right to the money and most OF the
expenses will probably be paid from the estate.
Even the institutions benefited were not chosen by
Mr. Fayerweather. but his trustees with liberal
hand disposed OF the property which was only nom
nany theirs The outcome Of Mr.. Fayerweathers
attempt to avoid litigation over his estate VIII make
other mlonaires who do not care 70 enrich lawyers
despair II a rich dies leaving neither VIE nor.
children some supposititious widow vii! rise up 10
demand dover. If he leaves Will having trust
clauses the courts and lawyers will spend years IN
constituting Them and then may declare them IN
valid II he wishes 10 leave his money 10 Charities
he will have proceed cautiously TO avoid such re-
strictions as compelled Mr. Fayerwea.her TO limit
his direct requests to charity. The plan which MI.
Fayerweather adopted in order, as he Wrote. 10
avoid litigation his estate has proved equally
ertv outright TO trustees II would indirectly go to
Charitable objects and 20 the lawyers This plan
having failed the poor millionaire may Wen ne h9pr
less and might well leave Ms money ouyrght 70
the Bar Association of the City OF New-1orK' IL
will get there finally in some way
In several cases recently the question as 10 the
rights Of property-owners 10 protection from pol
luted water overlooking into their lands from the
lands of others has been discussed. The Supreme
Court Of Indiana, In the case OF Barnard against
Shirley. considered the complaint Of a woman VINO
owned a farm near Martinsville \ well was drilled
by owners Of property adjoining that belonging 10
her and a large volume OF water flowed from the
well. The water found to possess curative
properties and large bath houses were erecten 10 De
used by persons afflicted with certain diseases Inc
water flowing from the lighthouses was carried by
drain into a stream of water running through the
PLAINTIFF land. Some Of the persons VINO us"d 'he
lighthouses were afflicted with contagious diseases
ant it was charged that the water was so poutea
10 injure the health Of persons living upon IiiS
land and drinking the milk from cows pasturea
there rhe nd h country arising from
similar facts and decided that. as the use OF me the
Where. and was public benefit, It was only neces,
sary that should be conducted WIN que carr; @
any injury then resulting must be borne WllhouI
compensation.
The American Law Register and Review for'
January contains discussion OF the natural use OF
land in which other cases Of overrowing water are
referred 10. The most important case on the sud
feet is that OF Sanderson against the PennyiVahla
Coal Company, in which four opinions were given III
the Pennsylvania Supreme Court. The coal com
pany sank a shaft the property on which the
plaintiff had built a handsome house. water pol
luted by the coal and minerals was conVeyel by II
ditch 10 a swamp through which flowed stream
which also passed through the land OF the plaintin
The water became acid and unfit for USE the FISH In
the stream killed the trees along It's banks
died. and the supply OF pure water which the PLAIN
tiN had considered Of his most valuable pos
sessions disappeared. The Supreme Court In 1913
held that the plaintiff could recover damages for the
injury TO the water and directed a second trial OF
the case Justice PaxsOn. who aftcrward became
Ckief-Justice OF the Court dissented. \ few years
later. when the again before the Court
new judges had been chosen and the dissent
Ink opinion had two supporters. new trial was,
however, granted technical points. al
though the opinion the main question was again
approved. The again tried, and a fourth
time came before the Supreme Court Other judges