New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-06-10
FROM BENCH AND BAR
GATHERED FROM LAWYERS AND AMONG
THE COURTS

| GATHERED FROM LAWYERS AND AMONo
THE COURTS.
Associate Justice Henry B. Brown, OF the United
States Supreme Court sat few days ago as the pre-
siding Judge OF the United States Circuit Court OK
Appeals for the Second Circuit which includes New
York State Circuit Judges Wallace and Shipmah sat
beside him in the Court of Appeals courtroom, on
the fourth floor OF Federal Building. II was the
first appearance of Justice Brown in this Circuit
He was recently assigned to the Second Circuit be-
cause Associate Justice White, who was recently ap-
which Justice Brown has had under assignment sincs
ne became member of the supreme Court. Jussies
dgnfed bearing He is regarded as one OF sne
Independent and original Jusses ., dpnons and
expresses himself at times with vigor IN c,,s
listener in the argument OF the lawyers n the cases
made favorable impression upon the Ne"-io'A
lawyers who appeared before him.
Recorder Smyth finished ten days ago his seventh
consecutive month OF work In the trial Of cases In
the General Sessions This is undoubtedly the long
est period which Judge in any criminal court IN
this city has continued to act as trial Judge WIFI
out any intermission or vacation WINE the 1uuse
out OF court has many duties 10 perform in the de-
cislon Of cases which may have been argued peiore
him. in hearing motions and in other matters whlcn
may come before him, the work Of the trial Judge
is particularly arduous, and is nowhere else so oim
cult as in the stuffy courtrooms of the Generai
Sessions, where the sltngs are long ana DusihesS
| proceeds rapidly In the foulest atmosphere which
man can be permitted to breathe Recorder Smyth
Part of the Court of General Sessions, pesln-
nnish"d the usual term of three consecutive months
in the trial Of he took the place OF Judge ritz
gerald who was sick. for another month. and AFTER
ward began and completed another three months
In addition to his duties as trai Judg re, ne
has performed the other labors incident to his ohc
attending frequent meetings Of the Sinking Funo
Commission Of the Board for ne o wScb 81 he Is
member. a part Of his labor has been presidd,igns
at I me ira The OF nature OF the evidence and from the
constant objections and discussions on IegaL ques.
| tons which arose No other Judge, perhaps, VINO
has sat in a court of record OF recent years mas
given TO the public as lorse ar amount OF se'y h
in the same length OF time as Recorder Sfnyth has
given.
Assistant United States Dstrct-Attorney Thomas
Greenwood. whose funeral took place last week.
was one of those careful and painstaking ofciais
WHO perform their public duties so efhcientiy ana
quietly that they retain their places In spite OK
| political changes Mr.. Greenwood had served
! through Republican and Democratic administra-
lions with equal consideration from his superior
officials He was especially occupied in preparing
| for trial the customs cases which occupy so large
a part Of the work of the United States Attorney;
In Of the important cases M tSrs be
only prepared the evidence. He had rem i S,
accurate knowledge OF me ne nosition in The
Office cannot easily be filed Mr. GREENWOOD vas IN
| q fovorite with other officials and with the law
| yers who practise in the United states courts
Tho oct which has recently been signed by Gov
ernor Flower providing for a uniform method OF ao-
| hitting attorneys TO practice Will cure deiecu
which have long caused complaints among members
| OF the Bar in this matter In each Oh ,he h'e J.
dlcal departments there has been dnerent SET
~ questions and a different method of examination
7, has long been customary for some law students
| 70 take I'D their residence for a few months peioie
they desire 20 apply for admission 10 the OAR III
some department where the examinations were sup
Nnrl
cases It may be doubted whether the apphcaht was
reollv q resident Of the department in wnich ne
! onnl,sd for admission The rules under whlch me"
were admitted to practise at the Bar were loi,'u
| lated bv the Court OF Appeals. While the eAa'i'na
tons were carried on under the supervision Oh 'he
supreme Court Justices. who appointed the exam
inars The New-York city Bar Association long I
ago endeavored but without effect to secure
rneapilv discussed the subject and under the d.
recton Of committee OF that AssofiaWT uch ,n of the
credit the new law must Se gwen 20 and
TO Tracv G. becker the present president OF tne
association. and To- F. g WHITAKER; ~ doI tbs com
sn ,ee Nv Who urged upon the Legislature and the
| Governor favorable action upon the Dill
nj, now, ,ovy nrovldes for a State Board Of Law
r,xa,niners 10 consist OF three members or the par
of AZ least ten years standing. who snail De APP
pointed from time 10 time by the Court Oh -ippe"',
The examiners except those first appointed shai.
| hold
Appeals shall prescribe rules for a uniform syste"
~ examination and fix the compensation to De
Maid ~ the examiners. Examinations shall DC heiu
Of least twice year in each judicial department.,
and M such other tines and places as the court OK
Anpeals may direct. Each applicant for eSamina'
ton must pay fee not exceeding Sio' the amount
of which shall be fixed by the Court Of Appeals TO
o,.or tho exponse OF the examination and the pay
mon, Of the examiners The board Will certify 10
oocb General Term the applicants residing IN tnat
department who have passed the required examna'
ton The General Term, II it finds that the apph'
order admitting him % practise as an attornSy anu
counsellor in all the courts OF the Si2Ie: race OF
sox shall constitute cause for refusing any per
soN elimination or admission to practise. An APP
niicant who commits any fraudulent act or makes
oSon or Admission to the Bar may have his license
revoked The act goes INFO erect on the Ist % AZ -
any time Compensation TO the examiners outsiae
~ the payment of their expenses has NOT usually
eeoh rg iaw +: entirely in accord with the sent
ments expressed by members Of the Bar
THE American Law Review" for May-June has
an article by W. s G. Moves OF ST. Paul. and
q long editorial in both of which II Is asserted that
Daniel Webster has received undue praise for MS
ARGUMENT before the United States Supreme Court
in the Dartmouth College case. Mr. Moves shows
thu. for the leading points in his argument anu LOT
some OF the language which he used, Mr.. "eoster
was indebted 20 jeremiah Mason. who argued the
case I'm the State Court. and in less degree 70
other counsel Mr. Webster freely acknowledged
his Indebtedness 10 Mr.. Mason and Mr. smith, ana
wrote TO them that all that he said was simply the
puttlne together and reciting OF their arguments
II is not unusual for lawyer 10 quote freely from
n brief prepared for in another branch OF the
oosa o,d The fact that Mr.. Webster availed him.
self 20 some extent OF the arrangement and even
the language OF other lawyers employed IN the
case scarcely detracts from his high fame won py
ma orotion Some of the other articles In The
Pnyiew" are of much interest, The American
Law Register and Review" for May contains r seT,
decided by the courts. The article on The Deyo .
luton OF Firm Real Estate Is or especial vaiue
io cieoriv nrcsenting the varying views of the
Erclish and American courts as to the method OF
belonging urfu