New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-03-25
FROM BENCH AND PAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS.

decision a reasonable one although the words or J
the constitution of the State of New-Jsrsey de- !
0ning the manner In which the State Senate shall ,
be formed arc almost precisely like those concern
ing the United states Senate In the Federal Consti-
tuition. In the United States Senate there are two
members from each State. and. unless by accident
their do net end on the same day 80 that there
body and its continuing existence is more reason
able than II Only one representative were chosen
from each State. In New-Jersey each county Is
represented by Senator. and although two,
thirds of the Senate remain the same. yet IT would
Ne, II continuing body, at times composed c oniy
of representatives, from some parts OF the state
W on of fe state to the Tned States IS also differ
from that OF county to a state. so that no
should sSon oow he decisions Of the Federal judges
In deciding the question before them.
Several cases to which the New-York Central
Railroad was a party were among those decided by
the Court OF Appeals last week. In the Baker case
the decision In the courts below had been In favor
OF the railroad company on the ground that the
plaintiff took the risk OF his dangerous occupation
when he accepted employment from the company
In the Crone case 1t held that whore a person
crossed OF several tracks after one train had
gone by and was struck by another train which
could be perceived at any distance. there was
not contrbutory negligence by the plaintiff. In the
Miller there had been verdict for the plain
| tiff after a charge by the judge that the rate OF
speed OF a railway train may itself constitute a
ground Of negligence. In all these cases the Jud8-
ments OF the loweI court affirmed. An In
| tercsng also decided By the Court Of Appeals
! last week that begun by j. i. j. hiques
against the Bradstreet Company. The plaintiff was
q dealer in cigars in this city. and subscriber to
| Bradstreet's Reports. The name OF Herman Brn-
! lcr appeared in the report business man OF
Detroit worth from se.c0 to $780, and having fair
credit. Mr. Xiques received in 1883, an order for
| cigars from Herman Brnker. No. t3 Grand River
ave- Detroit. He sent to Bradstreots for Informal
| ~ nd vel ffpr
! Brinker. OF No. $40 Russell-st., was worth from
$500 10 5000 ana wa. taVo n re sstr sO M to-
Herman 5rinker an9 they "ere r,cYiEed Dy H r
! cigars were never paid for Further estiSation
afterward showed that the Herman l5rinker OK
! Russell-st. was reputable merchant but that
some other man using MS nam, had r,ntsu rod
snail ocG IN ira LINK rom Mr.
Niques brought sui, against the l'radstreet Com.
pany the ground that It had been ncgig'ht
in not furnishing correct Information about i-er-
man Brnker. a judgment was obtained In favor
no, refer to the Trinkcr of 30. g or 30 l6 Grand
RW,r-aye. and Mr. Niqucs should havc noted no iS
that fact The company. not finding person Oh that
anmmt nnnibcr Herman Erinker but the subscriber
vas rcsio.'slblc Tor not noticing the difference in
address Tho Court Of Appeals lesion Ia TIE c9se
discrimination by An inHE"per against 'o"rru per
sons f. in acrordanc" Viii Other decisions on the
same subject In several states.
The University Law Review" has done useful
work in collecting IN s March number the opinions
b OF several ~ the in .ses as 10 tie proposal To-
abolish requests to ind" Judges Ingraham. An
7 ircws HschoN and IcAdam. and eN-Judges John
f. Dlon Noah Davis and william q. Cholte cx-
press opinions on this subject. The present system
hes become almost n;o.crab.c. Lawyers som times
submit hundreds ot proi o4'ilonS ~ .aM III a simpr
cas-" and uut'r the Statute the Judge must consider
AM decide upon 'lrn separate Deposition. In some
p.r;ant IN reaching dec.si a. AidHN OF thoS prlpo-
-ii!.n- AZ. only distingu. hab," by a shade from
Gianr s'I Tia, IN one ease he had lio proposed
! findings ~ fact and nearly 20 conclusions OF law
conSHrrri ~ , 90" ,ho"e Iulge AnIrep.s con-
! sDI.r. The whole system an lntoierabe nuisance
Judge Ill4rhon SAWS that two classes Of attorneys
,,.hn Jo not re- ,liy know what they want ANA hope
,ha, 15m. - the Hniings may hlt the case AID INC
Ions MINDED attorneys who hop. o. eaten ne Eourt
y ral,.r.ting requests nearly alike. but Sufficiently
unlike to give irhapIs nc chfs scho ys That there
j.. mo- va 90 reach the ignorant attorney as th.Ie
I'M nnis it srec,iye N he c4ss Il ons,Tin n.d
aorr,y To regilre mem 10 pom Then n the attorney
nsGaly "th" 1 'WrsrsI The University Law Re-
y WV" SUNS up the general opinion "a being IN
favor Of allowing requests !, ' BE Judge I" pass
upon them.
A.s,s,,r, District Attorney John u. Lindsay be-
gins I'm the c,irreu, number OF The GrerA bas
series Of articles The Court OF star 'nah'''''
ina, TRIBUNAL has always been invested with much
mysterious Interest ard the article by MI 'i''ue"'
,.u r,v,ev. lts history from the time when 1t was
,s .I.r.d Of great value ln redresalng me wrongs
80 ,,or men "a ihc day when 1t became hlt,i
n~lramrn; IF ,o gi Gy rhc Amrrcan Law review
cc,''n,rint.s 10 The Green Rag some aIticirs On
on,rh he SHOWS All the indcp.ndcns" o. thoustt anu h.
great yiSor 81 an' gF' Amercnn law writer's A
sketch Of Ichabci Bartlett alsp Son'nt,fa a, ~ In
i"nts of ne among LAWYERS IN tnr FenSr1 i Who
famous by the Mans Dt WIZ ,b zane trne With
were members oil '""4'''' "
Mr. Bartlett.
.rhe Xew.York Law Journal" does not agree
with the decision Of the United Sia'es 'ou'' y, w
ne,ls for the Eighth Circuit IN tnH case D. wa, -,
ac,inst Kohn recently decided II was "''' ~, :"
mat case that the jury might consider 'he W.
-, -. c,lent IN estimating the amount 10 pe re-
covered by a lawyer in suit for services r'"''
rho Court held that while 1t woud not "e p'oP''
f,r 4 lawyer TO charge rich client an 'N'''''i''
Zoo vet IL was often the custom OF .1"yV,' 10 ~
i,. 1tte or no charge t. poor clients so mar tle
fact that person was M c,or5n,sld"red bv the
Jury in deens e inc amount to Gs ~iTe oes
NOT link tina, this reasoning Is just as II %'9 frr
be- making one law for the r'fm @ma s1ppyrt,-i
me piy nv ruiings in matters OF contact and IN
pr.ncPa.rrs ,n - over services which nave h1ed
crnr6t be valued at any precise amount NJ o
CLERGYMAN IN "a G ,Sa ~ se pastor Of rih city
church and devotes a. nucn Tnefsy ne M be,
cause his parshoners are unable to pay 40 ''t rs
sar surSro9 has H"er refer when iht patent
was rich and on otter G6SsV chor as upon
a'r s,syror in charity hospital. y lawyer in the
same way forced TO consider ne mpirG TX 81 I,s
~ Ma services can be fixed only by conSI l':ihS
the years % preparation which he has spent p M
experIencc h!s natural ability, ana other thn:r
. witch have no specific value In the marH"t. 10
those who afford to pay wei Tor ms sers,', :,
be makes what seems him fair charge ana 70
Others ne furnishes advice and SUGGESTIONS Pc r.
hans without cost There can be no Nict rate OF
ma yment and the financial ability OF the cilen'
has always been regarded as an eiernen, me Jaw.
ver might fairly consider In fixing the amount oil
payment.
Quotations from the poets occasionally found
in tudcia: opinions. In the case OF one well-known
Southern Judge he drops into poetry OF his own
manufacture. Justice Field. In the woll-known
! Rodgers case. decided a few months ago, quoted
from the "Acneid" In attempting TO arrive at a
definition OF the term high sea" Irving Browne
NJ "Tbe Green Bag" however. thinks that the
ouotation is not quite appropriate. as the words