New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-12-30
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMoNu
THE COURTS.

Court bench and Is succeeded by MI Beehihan' anu
John W. Goff takes the place OF Recorder o'"s ."
The newlyclected judges begin their terms Vi o'.e
on Tuesday and may begin their acave medically
acquainted with the duties OF his once iro ,na ,
long connection with The prosecutor OF Mr.
Beekman as Corporation Counsel, as m"Sur
with large practise and a. reier sco,re in as
Stunning his new Office The new ibn coming
have little effect on the courts during the 'o"''"s
year.
Vice-Chanceiior Abraham Van Fleet. whose de'th
occurred last week had filed three terms OF ms
office and was one OF the most highly respec'eu
Chancery Judges in the history OF Ne"-'e.S!
The practice in the chancery courts OF that o'"'e
is complicated and difficult. and many perpieNhs
questions arise in the courts for DECISION pf , e,ie
Chancellor and Vice-Chanccilors ne ,i.
of Mr. Van Fleet we s,e a'm 10 ond ndge fully
occIpy the place when ne mas 'ci' III ''''
OF New-Jersey.
The meeting OF extraordinary term OF 'ne
Court of oyer and Terminer on January H. wan
add q nfth court those now engaged III INC
transaction OF the criminal business Of the county
There have been few occasions requiring an eX-
traordinary term Of the oyer ana Ierihihfr """c
an ordinary term Of the court was IN session
Judge Ingraham may continue TO sit next "o",.
in the oyer and Terminer. which he mas hei'
recently and Judge Pardon c. Williams mas Deen
assigned by the Governor for the extraordinary
term Recorder Con- and Judges MARITIME and
Fitzgerald have been assigned for the Jan4 ai,
criminal courts Of nigh jurisdiction will thus at
time be in session ana IL shonIu ue 49, r,r W
mai cases Some further industry on the part OF
the Distrct-Attorncy and the Srann1Ei OF adas
may enable the District Attorney to prosecute
promptly all criminal cases n the accumuiations
Of the last few years are removed
The rhvsical strain on a lawyer In the trial % an
important case is not sufficiently considered in csii
mating the hard work done by many attorneys. The
constant mental activity required IN the examina
ton and REORGANIZATION OF witnesses is sufficient
y apparent but 1t Is the only strain the law
yer The standing for hours, the jumping mp and
sitting down in making objections or short speeches.
the confinement In close atmosphere. the stranei
attention necessary TO hear some witnesses. all
make an impression upon the physical condition az
the attorney which II sometimes requires a rest or
days 10 enace. In no case in recent years IN thls
city has the physical difficulty OF lawyers work
been manifest than In the proceedings before
the I-exow commttse. w ina case there IS no
Ing lawyer IS arguing or IS enaminng ~, wsnes5
day, and the physical WEAKNESS incident 10 his
work IS small part OF the strain which naket
his labors so difficult The mortal activity ana
the attention Of every faculty necessary 10 the
work o: examining the witnesses; usually hostile 10
his purposes. are more evident difficulties
One OF the most interesting parts 81 the opinion
rendered by the Court OF Appeals in deciding the
case OF the People against the members OF the
the election OF 1891. is that In which Judge Gray
SHOWS plainly that the Democratic lawyers engaged
on behalf OF the State Board could not have mis-
understood. unless they desired 10 do 50. the mean
ing Of the decision OF the Court OF Appeals In the
Osborne case. The decision Of the lower court
directing the Board %, Canvasscrs not 20 canvass
the Mylod certificate plainly affirmed. and tho
mobilization only to the requirements FOR
the ccrtihcltion OF any later returns which might
be filed The opinion Of the Court Of Appeals was
plain. and any examination. however hasiy. made
with purpose To ascertain exactly what was IN
tended By the Court could NOT have resulted In
any 6ecf nat GRATED to 'Rg sor1 me the rgn
who were counsel ~ the state i'oari OF can,
sufficient acuieness readily 20 understand the full
effect Of the Court OF Appeals decision. The pun
beers OF the BOARD OF Canvassers showed is no,
severe one. but II will he sufficient to deter poll
DegInc,ns 70 consider Inc fl eect o, ;I!cS! "pi
ions which they are bound - obey.
A. F Judd. who from his long experience on the
bench In Hawaii is we'll fitted inicllgcntly TO cx-
plain the legal changes caused by the overthrow y
the monarchy. contributes :, The Yale Law Jour
nal" FOR December q valuable article Oh '-Th" CON
st;u,ion OF tho Republic o., Hawaii" He reviews
the steps taken in adopting ana nromulgatlng tho
new constitution. and then comments upon some ~
the peculiar features 81 n" constitution. and cspc-
clally these that differ from the provisions OF the
a term Of Office of six years is not eligible TO re-
election. The member p IT, Hawaiian Cabinet
are cx-oficlo members ~ both iIou 'f '' me Leg
leture, win all the Ighis power, ana 'i yn,r Ta.
method Of counting a quorum 10y hScort'.hlnE =,
number ~ members actually prcs'ni J.. On D., sd
rules OF tho Legislature. l.,rliar "
the constitution f. that no h.ll shall be ln,IolGr,
into either House unless a shall nrst nave received
a written enforcement u three members 81 ~"
House. This provision saw th., Justl'' .ua,,'
4 Fr.p ~
and It Is believed viii prevent the introduction eh.
lense Of priniing and waste ~ t'' np.n nS 'n
kent alive for the purpose OK cX,orting biackmall
from individuals or corporAions 20 ng We
in the Logi-atures y several %; the states 81 the
United states furnish Hawaii with Object lessons
on ;hls tor''.
Tho Jury question IS one 81 the mos, important.
,rorn a legal point Of v.cw IN the Republic -
Hawaii According to the present system. a Ha-
wallan + only tried by Hawaiian Jury ana n
foreigner By foreign Jury. In civil cases between
n foreigner and a native tho jury IS composed ~
elk foreigners and six natives Justice Jndd says
tina, ,-,vi4ions Of the now constitution permit
a change In this method Of selecting Jury II the
LEGISLATURE desires He says mat me rui" 81 hilp"-
- " dcr,sion in any clvl or criminal Nv nine
members Of a Jury Of twelve men has worked :"
We'll in practice that would mink Of CHANGING
f. Al contested election eases are {" o." decided
only by the Supreme Court Of The Republic
The case OF the English cook officially known az
Secretion AGAINST Grecncigh-is the most recent
authority az 10 the duties OF n domestic servant.
Mr. and Mrs Greenicgh had five children ana an
cc,;al number Of servants. They employed IA new
cook and on the first day OF her service she
was ordered TO clear away the breakfast
table She consented that occasion TO per
form this service, rcpugnant as II might be
10 the feelings of q proud ANA sensitive cook aware
OF the usual limitations Of her duties. She r"Tnon-
strated wtn her mistress. VINO promised that IN the
future another servant should take away me dlsh"s
after breakfast. The next morning. however. there
was another order given TO the cook 10 clear away
the dishes and this time she refused To obey H.
She was Immediately dismissed. but brought an
action for 4 months wages Tho defence was mat
she had discharged herself 10y refusing 20 obey a
/ proper order. Judge ISacon-bearng a name nppro-
pirate in the decision Of culinary disputes held that
The cook was justified In her refusal and gave
Judgment afainst the householder for the greater