New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-12-02
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS.

THE COURTS.
The Court of Appeals last week decided n large
number of cases most of them OF comparatively
small importance. The court has already reached
about the six hundredth case on the oId caieru"'
and that calendar will be nearly exhausted by
January l. except for the considerable NUMBER OF
added cases A new calendar will soon be pre-
pared OF last weeks cases those OF Mchane ana
The Brooklyn Water Works OF the greatest
general interest. The McKane case presented lew
of novel character so far as the repo rae
cases so. and Judge Bartletts conduct OF the case
won commentator from the higher courts.
The Court of Common Pleas found 1t necessary
to form a set OF rules TO govern the proceen-
ings for the removal OF Police Justice DivVer. Inc
power of the Court of Common Pleas In regard 10
removals has rarely been exercised. NO reported
cases in the higher courts of the State set forth
the method to be adopted by the Court OF common
Pleas In such cases. The new rules provide ample
safeguards for any accused official and enable him
to present any defense which he may have 10 tne
Complaint made against him The length OF time
allowed for the answer, twenty Gays, Is slesaes.
than is usually allowed by officials before whom
removal proceedings are taken 1t concides now now,
ever with the time allowed for answers In civii
proceedings and gives an cbaras are usuay
heard before officials less careful thah the Oou''
will be in matters OF evidence.
The State Board O, Law Examiners has Issued
set of rules and a list of examinations 10 De he'u
in January These will he the first EXAMINATIONS
under the law providing for uniform examinations
throughout the State. one advantage OF thc he"
system is shown in Rule II. under which an appii-
can, NAV be examined in any department. whether
he is or is not a resident thereof. pupil at New
York law school having home elsewhere III '"e
State may thus be examined without the necessity
Of returning to his home The certificate VIII Ne
issued by the General Term OF the judicial tepar.
ment in which the candidate has lived ior FIX
months before his examination austen ~, ~ he
member Of the state Board VIII hold eNainhaioiis
in Rochester on January ~, Syracnsf, Jahu"'y 80
r 90 ErookvH January H. and NewYork. Janu-
AIRY y The first OF the examinations ~ hrookyh
and Ntw-York will be written and the later ones
oral
The committees OF the State Bar Association have
made their final preparations for the annual meet
ING 10 be held I'm a few weeks. John +. Dillon. OF
this city and Ralph Stone. OF Michigan are among
those who will make addresses Austin Abbott
dean OF the University Law School. Is one OF inc
eminent lawyers who favor revision OF the '"'e
OF Civil Procedure. lie has suggested TO the com
mittees OF the state Bar Association which have al
ready discussed the matter. the necessity OF care,
ful examination Of the codes 81 other states ana
the older codes Of this state in order TO decide as
to the extent and character Of the needed chances
Mr. Abbott standing AS b,c NV he maKes in his
letter TO the Bar Association committees ne
question % code revision - the most npIr,fn,
meeting and action by the Legislature may I'M
mcdaiely be sought to the needed changes IN
the code.
a question a. to the compensation Of the Supreme
Court Judges assigned 10 duty In New-fork county
arises under the Constitution The Albany
Law Journal" doubts whether the extra compensa-
ton now Above ed to out-of-town Judges when called
for service I'm this county be allowed. The Con-
etltution provides that the compensation OF the
Judges shall be neither increased nor diminished IN
their terms of Office The old Constitution only pro-
hibIted "A decrease in the compensation supreme
Court Judges from other counties have received an
extra 80 a day FOR service In New-fork, ana the
General Term Judges a larger sum FOR expenses ana
disbursements. 1t is probable that the extra al
owsnee w BE incurred BY vng away from
districts In which the judges live ~ wouia De
IN MS co,nty should receive salaries OF 1880 each.
while justices from other counties VINO are con-.
ppes,dences in This city should receive allowance
beyond the salary OF ~ ~ DIX hse Sa 10.
Tho recessity OF decreasing the number OF re-
norris Of judicial opinions has been frequently
urged by lawyers. one legal Journai points OUT
that OF the ffty-one volumes OF reports OF 'he
Illinois appellate courts nine nave Deem iSSue'
In the last twelve months. while the reports lot
sixteen preceding years AL only forty-two volumes
4, the rate OF publication OF the last year there
yould have been l53 volumes instead OF the hity-
one Of the present series The length OF the OPINIONS
written as well their number, seems constantly
to increase and the industrious reporters OF me
West Publishing Company leave no case rnre-
norted In consequence the shelves OF the law
vers who endeayor to keep track OF the numerous
decisions In all the States. are overcrowded Win
volumes OF reports some OF which are seldom con-
suited and many OF which contain iittie that Is
of value to the attorney engaged t. ordinary
nractice Law Book News" which Is pubhsheh
by the West Publishing Company Itself recognizes
the need of some restriction OF the present voi'hi-
nous issue OF reports IL suggests. however 'na'
judges might write shorter opinions, espec ;h,
eiidv more carefully the handbooks on trial pro-
cedure 80 as raise fewer questions on PRAGUE;
a recent compilation OF the cases DECIDED ~ an
The courts last year shows that nearly half OF
them points OF procedure or other ,h
no, dealing with the merits OF the cases. IN me
States in which codes Of procedure are In use me
number Of disputed questions n,ss a are ned with
discussions TO the meaning OF statutes when
c %srG new dlnicuies Many judges do write
unnecessarily long opinions, and this may DE o"e
method of obvatng the difiicuty'
Judges do not often critcise strongly the laws
which they are forced construe as did Judge
Gary OF Chicago recently In constituting the iihos
Mechanics Lien law He said that with its null
titude OF details. which must be strictly compned
with nv those who seek its benefits. II Is deluson
and a snare" The plaintiff had made a contract
for the nlumb,ng and sewerage Of six separate cot
tages and afterward filed a claim for payment, Tor
ch 70 each separate lot FOR the work and materials
for that lot II was impossible TO separate the
services so as to comply with the law IN thls re-
ton against the owner.
A peculiar Islander case was recently decided In
Louisiana physician and an apothecary had
dsnnte and the apothecary refused to I'LL prescrip-
lions for the physician. He also made uncomph-
mentary remarks about the physician and his nj
ness for his profession. The physician began an
Tho not
stnn FOR the Islander. The highest court OF the
STATE has now held that the apothecary IL not ia
20 o. hs refusal 10 n one two prescriptions
lie vas however held responsible for some or MS
remarks especially for saying that the phys'c'ahs
Diploma WIS not worth straw
H., .c.rand Day, OF the MLchaemas Term Is an