New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-10-21
FROM BENCH AND BAR.

FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS
The weeks preceding Election Day usually bring
before the courts many puzzl!ne qu stonN AS t. cit
zcnship ana the rights - voters. but thus FAR
fewer decisions than usual have been asked for
this year in such The rights 90 persons is'-
ing In almshouses and other STATE institutions have
been more clearly defined within tho last year or
two and citizens have wider Information as t. what
Is necessary 70 constitute legal residence for voi-
INK purposes There has been the usual amount "f
ante-ciecuon Naturalization ana s..'IaI oi ' 2,
passing upon applications for admission u c.iN'h-
ship ON this subject also there Is wider pun.it "a
or t a c,refi th5n in some prcyi5u-
years in examining The claims or those VINO ",',e
ever too sllgh, to determine whether tne applicant
is nticd TO become useful ciilz'n. Juifr' VIA ne
of the Intricate questions which always arise just
ship and the residence u voters.
Assistant D.-,rct-Aitoraey John Lindsay ap-
reared before the United States supreme Court as'
week in case involving irtrcat" AMI d"licit" ies-
lions 49, 20 tho Jurisdiction ~ the Federal ami state
court. 20 Try certain offences. The case Is that OF
the People against John e. Emo. VINO recently re-
turned from Canada g. answer 20 indictments found
against him several years ago ia the Court ot Cen
crai Sessions II was charged that he had mad"
fnlse entries IN some OF the books ot the Second
National Bank ii- counsel succeeded In securing
his discharge from The indictments on the ground
tina, the Government u the United states "l'n"
had power - prosecute offences which cam" Wl'lh
tn. provision. II the Nationli Banking act MI.
Lindsay On the appeal 10 tn" United states SUI
tr.,f. court prepared au elaborate and carefully
written irl.f areI.u- that tn, Court 30 'r"'i"
:, ions hal Jurisdiction . tr' thr ease oi forgery
uufwlthstln ling thr provisions 30 i' NaN"il"
Banking laW f1rbIIirg certain acts ~ oh'rIs OF
National banks. II" quote IN" opinion 81 som" Oh
,,. mos, famous II the Federal Judges ari refers
Also 10 many cases In other Jurisdictions ana % h'
PRINCIPLES Iad down hy writer's Dn inioruauonAl la"
The moss I.Gicult argument which b" mas {" meet
i- that advanced uy Chic; JDls' Anir'ws ~ the
court OF Appeals u MS STAT" 10 ie'Nerhs ,Io
AGAINST Wrlch The Court Of Appeals :nTiAlh'l tl'
jur.lc,ion Of tn stat IN ryins Nech t1t man r,,
n.ng into a yacht with "a tuSboht on 'h' ii''ifs'n
conrress might have tn right 20 give exclusive
authority 20 the United states Courts IN co. an
pres.ei Mr Lindsay argues THAI ""herc the STAT.
has jurisdiction oyer part oi tmr INC, '' ,n '''
ming In witch the Federal Government nag no hl',
est whaievrr u se.", n5thrr bart Of I'M. sub
icct which IL Federal concern can err, l'' no pos,
men, !" then Al liberty To- assert its iuris Lotion
The decision in the Emo case WI ss,ur l0rIn IN
IfI
ne trial OF criminal eases
4, ,he next meeting u the Ear Association to be
hold in J,uuary "A strong cnort Will hc made t" OBJ
tam from the Legislature BIZ for the genera re-
vision Of the code OF clvl Procedure. meeting 81
IN. members of the two OF the most important com
,nlftces OF the association was held fe" days ago
and , papcr was read which is to be printed and us
,ritutei 10 members OF the association. showing tn
irnnerfectons OF the present code The matter has
been discussed at previous meetings. 3ut the Frhu-
ment In favor Of a thorough revision Of the code hhs
not vet strong enough To .rhh 10 NY ''l'"
hv the LEGISLATURE. II the Legislature Sh9ul d,'
in the matter commission may De appnh,r' TO 10
examine carefully the criticised pr"NI'lV19 "' .'I
code AMI 10 suggest such changes a. are H''in','
necessary The code - not a't2s',yn irn,
mani among members OF the bar would undoubriy
be- IN favor OF rs tlc chang as can "i'tas S I
IS be- made and without lnJur; /" ''' n''''''' pa"
of the code procedure
Although the Constitutional convention adjourned
several weeks ago no public criticism has been made
I'm the law Journals or by lawyers OF the proposed
judiciary article. II the article stood alone "ou'
probably be adopted with lttlr opposition ana us
presence In the main body 81 the CONSTITUTED"
strengthens the VINCE measure, especA"y among
lawycrs Several careful statements OF the purpose
of the changes made In the judiciary article have
been made Louis Marshall. who was one OF the
members Of the convention who gave srr'tu att.h-
ton 10 the judiciary ar'cri M ,be lo1,rr @,urt
The number OF cases going t. the Npurt OF Nppr|
xyilI be
w"uG hardy be- SUFFICIENT enable ihc Court Of
%nn.als Ia Ispos- of cases promptly. but II would
,iforI a considerable relief The strengthening oi
the appellate branch Of the supreme Couit mas ue'h
HE thn, the reduction In the number of appeals
taken 10 the highest courts may be even greater
than that anticipated by the friends OF the judiciary
article
THE shyster'. is familiar figure In the police
courts District courts and occasionally In the higher
courts of law but he is rarely analysed 10y other
members OF the profession James Mccartney for
mcrlv Attorney General Of illinois, delivered an
address before the Lawyers club OF Chicago re-
Gently and devoted his time TO describing The
SINISTER as known In Chicago "lle begins Mi
Mccartney said. "by forming partnership with one
or more constabes and professional bondsman or
two The constable or policeman OF the firm steers
the poor victim to the shyster who FIRST learns how
much present or prospective wealth the innocent
ne IL promptly sent his way TO prison. but II he
has money the shyster takes all he can get at the
time and directs the client TO the bondsman of the
afterWarl be obtained by any means from the poor
victim he is worked upon until additional sums are
secured. Then attempt Is made 10 secure an
acuulttll by influencing the jury or the defendant
is advised to run away and thus avoid trial. The
sketch Is not unfalthful likeness OF many OF the
worse class OF police court lawyers In the city.
Some lawyers who are faithful to their clients IN
tsrest and who have ability enough TO render real
service do submit to the blackmail OF Keepers and
other officials. but a rule the lawyers who APP
pear at the police courts and who procure clients
persons render real service to their clients and
form a class OF "shysters' OF whom even Chicago
would be heartily ashamed