New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-10-15
FROM BENCH AO BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS.

GATHERED FROM LAWYERS And AMONG
THE COURTS
The United States Supreme Court and the New
York Court of Appeals opened their fall sessions
last week now all the courts except the United
States Circuit Court OF Appeals are bus!y occu-
pied The Circuit Court of Appeals Will meet on
October 90 when the new clerk James c. Reed, VIII
begin the discharge OF his duties. He IS bright,
wetralned lawyer, bu: many years will eapse
before his experience will make him as complete a
master Of the complicated Federal practice az his
predecessor. Commissioner Shields. has been. Many
expressions OF regret were heard among lawyers
having business with the Federal courts over the
enforced retirement Of Commissioner Shields from
for several years. The opinion Of Judge Lacombe
hibitlng the holdins Of more than one Official posi-
ton under the United States Government II the
Clerk Of the Circuit ourt from acting $50 "a as
United states Commissioner The Clerk Of the Cir
son Vas evidently forbidden by the statute The
law agains, holding more than one office was aimed
Western oifice-hoders who had Incurred
Of living in New-York is so much larger than IN
other cities that the receipt OF salary OF S.;DU
for position 90 responsible and important as that
OF a clerk OF Federal court does not seem so ex-
travagant as TO demand the action OF Congress 10
prevent his earning additional compensation
The number OF decisions rendered last week by
the Court of Appeals not large considering the
fact that long vacation had passed since the last
session Of the Several cases Of importance
under the inheritance decided The opin-
ion OF the Forbes contempt will be read with
especial interest when it is published as the power
to punish In such that Of the refusal 10
testify about the Cornell College "hazing' Is not
Company against Miles NJ. O'Brien must still linger
ny the the S"u of of ApS f Se the
OF the tenant OF house to allow ITO let sign
inspect Pf the budn me- TSe Of adon
ys ago S two or s is n seed Tbe
Court OF Appeals sustained ;he judgment Of the
hue arising % out of the affairs Of the Marposa
Land and Mining Company. The complaint alone
reached the highest Court in California The dis
missal of the complaint has rendered unnecessary .
which have once been passed upon by the courts OF
California.
A new class OF cases may henceforth be heard in
the courts in consequence of the decision last week
Of the Court of Appeals, affirming the judgment of
the lower court In the case OF Charles Eels against
the American Telegraph and Telephone Company
Mr. Eels owned farm along country highway
The telegraph company erected eighteen poles the
road in front Of his farm. He began an action 10
compel the company 10 remove the poles and oh
tanned a Judgment. with SIS as damages. The Court
OF Appeals has affirmed the judgment of the Cen
eral Term. The General Term opinion was based
on theory somewhat similar TO that in some of
the NewYork railroad cases Telegraph companies
without much regard to the wishes of the owners
Of adjacent property II they are 10 be subjected
Communication their lawyers will be buslly oc-
cupied as the attorneys for the elevated road have
York decisions as to allowing the recovery Of dam,
ages for the occupancy of highways by railroa!
and other corporations IL at variance with that
adopted in the courts OF many other states. but the
New-York courts hav' followed out consistently the
favor Of property-owners and against the CORPORA
lions taking possession of streets and highways
The referee system In New-York Is strongly de-
nounced by the editors Of The American Law Re-
view" in an article founded on an editorial in
"Harper's Weekly" The American Law Review
charges that the New-York judges use the power 10
appoint referees as means OF corruption, and i'm
plies that judges make money out OF the appoint
men;s There are undoubtedly some evils con-
nected with the present system. Favored lawyers
al times receive preferences beyond their deserts
but the causes Of complaint not serious Most
referees appointed by suggestion from the law
yers engaged in the litigation. and the appointment
Is approved by the attorneys on both sides. Some
OF the whose names appear most frequently
the list Of referees are chosen. with the full APP
prevail of the lawyers because they have made
specially OF considering complicated quesiohs OF
by the judges themselves. Among the referees IRE.
Quently appointed ere some OF the ablest ana most
impartial members of the bar. The cases which are
given TO young men. recommended by friends 10
particular judges. are. as rule, unimportant, and
ful lawyer The American Law Review" points
on: one undoubted EVIL Of the present system. which
is that a referee whose fees are usually paid by
the unsuccessful party is under TEMPTATION which.
OF course. he generally ressts. but which may un-
consciously affect him at times. 10 decide against
the party the suit who is most likely to be able
to pay his fees. judgment rendered against an
irresponsible person may result In the loss TO me
formed and while few lawyers would consciously
be affected by that fact II Is unfortunate that some
system cannot be devised by which the judgment
Of the referee would not be subjected 10 such a
temptation As rule. the present referee system Is
not strongly criticised among lawyers and the APP
pointnent OF official referees is not urgently de-
manded by members Of the bar