New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-05-27
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS.


tons " 7, &c neculiar that some OF the most radi-
deee-.os,tions thus far presented have been from
CA rrvers who are members of the Convention,
the ~ o,hers who set forth their opinions in
anu anaence with the legal journals. Some of the
r Sf or,nose an entire sweeping away OF the pres
pau, s,ca, system and the substitution OF tribunals
e" ' according to methods which appear logical
- authors 1t is not probable that any OF
" -" ,ad,cal plans viii be adopted by the Conven-
" Tho present Constitution is in many respects
I'll" To- the judiciary article was once adopted by
~ r,nu,ar vote. and the only criticism which has
". generally heard is that there is delay in bring
" .ases 20 trial and in hearing appeals. one of the
"s meals which has many advocates among old law
pS a, that for the appointment instead Of the cleo
N =, ,udees The elective system which was Intro
ton many years ago was deliberately adopted by
sss neope and is more popular among those who are
the ys.nvers than the appOintive system. Elderly
no,,srS however continue to argue In favor of the
~ " method Of selection by appointment John f.
~ ~ this city, writing to The Albany Law
w,rnal quotes the opinions once expressed by
Jlmss Emott. Henry Nlcoll and Samuel J. Tiden
JAZZ, The changes in the method Of selecting
esl In the DAYS when those lawyers were prom-
pss1 AZ the bar there was some doubt as to the
Visua"b popular approval that any change to the
8, sr method would probably be rejected by the
people at the poiis-
Tho increased Importance attached to the work of
.,..,in,flonal conventions at the present day Is
..,n hv the care taken In collecting matter for the
.,o,mation Of the delegates. The manual Of the
".,vsnton Of 1867 consisted of two volumes Of mod
s,s,s size At conventions preceding that of 1867
'",r few statistics and little other information
80 before the delegates. The manual Of the pres
~, convention will consist of six volumes, and will
as comics Of the cons tutions of all Of the States
~ the Union and Of foreign countries having writ
-, constitutions There will also be statistics from
aosrtmens OF the State and from officials of cities.
M sci OF volumes will form a valuable aid TO the
delegates IN considering the propositions suomttea
rndoubtedly occupy several volumes. and other vol
rres will be filled with the Convention documents,
80 ina. U ,S Sonveniion viii he larger than tina,
sjrS recorded the dongs and sayings OF the long
continued Convention of twenty-sx years ago.
The changes in the Code of Civil Procedure reat-
INC 70 the compulsory physical examination Of plain
uSs in damage suits are not so radical many law
v.-s had desired If the person to be examined is
. female she is entitled under the amendment
N have the examination before physicians or sur
rAons Of her own The granting of the order for
pAysical examination is still. however, compulsory
on the Judge If the defendant presents satisfactory
evidence that he Is ignorant Of the nature and ex
tent Of she injuries complained Of The order must
also REQUIRE the persons to be examined to appear
before the Judge or referee for the purpose Of TAX
ing the examination. Some lawyers have declared
ha; the law requires the judge or referee TO be
present the physical examination although others
believe that the only requirement Is that the planf
shan appear. and then the referee or judge can
direct the physician 10 make the examination in an
adjoining room. The present amendment TO the
Code does away with some OF the harshness Of that
among lawyers and litgants except among those
who are interested in corporations which are usually
defendants IN such cases.
The current number Of 1.-The Green Bag" is of
more than usual interest. John D. Lindsay, AS
ssant Dis,rct-Attorney. of this city, continues
his sketch Of the Court Of Star Chamber" A.
Oakley Hall. formerly Dlstrict-Attorney and Mayor
Of this city. contributes a well-wrtten sketch Of
David Dudley Field. and Irving Browne. in another
department OF the paper. also gives some rem-
niseences Of the deceased law reformer One of the
brlghies' articles in the magazine describes THE
Jury System from a laymans point of view. The
author summoned as a juror in one OF the
courts OF this city, and at first went 10 an official
with his jury notice for the purpose Of being ex-
cused from service. He was persuaded, however, to
serve. and was advised to write up his experiences
as petit Juror. He does so. and in a very anus
Ing way He is somewhat confused by the talk OF
the tWo lawyers, one of whom was nice gentle
man" and the other was from Brooklyn lie
hgly undesirable. and Is only saved from disgust
By making the acquaintance OF young man from
Juror. and who imparts to him valuable Information
as 10 the method in which cases are decided After
that Law and Justice are not the Siamese twins
he had always believed them 10 be. He receives,
tor jury fees, which parity pays me expense OF a
dinner at DelmOncOs with his Harlem friend. at
terms
Austin Abbott contributes TO the May number Of
The University Law Review" OF which he is the
editor article urging that the rule as TO leading
part OF Caesars Commentaries as one Of the
preliminary requirements for admission TO the bar
be modified so as to allow in It's place the reading
" an equivalent amount of Latin from the lnst-
tutes Of Gaius. from the works Of some other
writer Of Latin Roman law. Mr. Abbott says:
I'VE lay 1t down general proposition that use
tul knowledge may be as good means Of mental
discipline equivalent Of useless knowledge
He believes that the law student in reading Roman
law In the original Latin will obtain about the
same amount OF mental discipline as In reading
knowledge Of Roman law. The reading of Roman
law has been neglected in the preparation OF many
law students of the present day especially those
who study only In Offices and, If they can acquire
some acquaintance with 1t in their preliminary
least wifi be gained toward that wider knowledge
o. Jurisprudence which is now comparatively rare
SSiinoae lawyers The method OF instruction IN Sns
University Law School here Is explained at length
n the May number Of The Review Inc system
unusually dvershed-lectures recltations, QUIZ ,
sex,DooHs and an original series or law schoQi
helps all aiding the student in acquiring practi-
Ca knowledge Of the law.
The May number Of THE Yale Law Review is
almost entirely devoted to subjects Of interest TO
patent lawyers An article by Associate Justice
D. j. Brewer. Of the United States Supreme Court
suggests some changes in the patent system ana
Professor William c. Robinson. Of the Yale Law
school, in paper originally prepared for the meet
Ag Of the Patent Congress at Chicago last year.
urges the necessity for copservatism in the admin
s'raiion Of patent law. Professor Robinson may be
Conservative. but Justice Brewer certainly is not
he suggests radical remedies for of the evils
o. the patent system. He believes that patent
should be granted only after a hearing before
JUDGES, al which attorneys representing the Gov
eminent. should oppose the granting OF unneces-
safy patents, the patent 10 be granted ohiy
AFTER Il was well established that the in
veh'ion meritorious and valuable Justice
Brewer also suggests startling change when ne
tseommends the prohibition Of all expert testimony
~ patent cases Experts. he says are expensMe
sn1 Always support the party who calls tneIn II
"VulQ be iniusfIcf" he TO lmpuRn the