New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-09-23
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONu
THE COURTS.

psnublIcan Convention az a candidate FOR Judge OF
the Court of Appeals has been welcomed D' ."e
many lawyers Of the State who have areue' 80
before him at General Term or in the Second W
vision of the Court Of Appeals. Judge hals"'
career on the bench began at unusually cary age
He was elected as County Judge when he was Only
thirty years OF age and took his seat ON the oup
Court bench az the age OF thlrty-tour years ms
career sine. that time has been that OF an u"u'u''
successful Judge his opinions at General Term De-
,np with few exceptions. sustained by the Court Oh
Appeals He Of the younger members oi
the Second Division OF the Court OF Appeals from
1889 10 1892, and some OF It's important op'"
ions His courtesy. fairness and good sehse "a'e
made him q favorte with the bar IN Erie Noun''
and AT the last election which he was candidate
In 1890 he was entirely unopposed Tor eIec''oh ~ '
Supreme Court bench Erie County mas never oeen
represented in the Court OF Appeals except m 'he
Second Division since that court was orgah'%ed III
der the Constitution OF 1876. the cehuai paris %
the State have been especially wei represented. anu
there have been judges chosen from most OF the
oo.Sar nar,s ~ Tho State Erie County furnishes
large share of the litigation In the courts ~
and BROOKLYN Ir ana well nd place in the
highest court or the state
rha judiciary article OF the new Constitution Will
undoubtedly meet the approval of the majority ..
members OF the bar as well as OF otner citizens "a
the State The members OF the Cohs'iIu'io'a' N'
vention have aimed 10 secure greater sli'pi''' "
he
and unnecessary appeals The only criticism winch
,yu nrobahlv be made by its opponents against the
article is that II is not elastic In It's provisions so a'
10 proyide for a contingency. not likely 70 happe'
but possible in the future when the ca'ehaar vi ~"
Court OF Appeals may perhaps be again o'ereio"
The article. however provides Tor co,r,: and the
members OF the judiciary Committee; VINO Me -
among The wisest and most experienced .aM! ~ ~
the State were Of the opinion that tne nupe no 40
peals to the Court OF Appeas wouId NE gre,, "a 10
cause delay in the decision OF cases Inc arscs ,S s
whole. will be str0nsy aPproTe' Dnossion 10 it is
out regard to politics ana little opp0'~'' ~
expected from any source
George W. Pearce who died last week. was
though no. himself a lawyer. well known to the
t,Ices and members Of the bar as the business
manager Of THE New-York Law Journal. re"
excep, his associates and close triehds k"e" III"
important a factor he was In the cary sucoe''
~ "Tbo Law Journal" Great and patience
were necessary in teaching compositors uhuSeo "
such work to prepare accurately ana puonSn 'esu
larv the advertisements sent to The Journal
Mr. Pearce's experience as pracucai prm.e.' 49,
in the preparation and arrangement Oh hor and
the corefu,ness and accuracy with which ne was vas
naturally endowed aided in his success IN ' ~
wears I'm which Re had control or Ile co.ui''ao oor
THE Journal" mistakes occurred rarey, anu III
through his own want OF care Wne" rendSr Of no
value series Of publications extending over IA
weeks, me annpYent and Mr. Pearces watchfu,ness,
experience and skill aided iarEey IN t srcra ,n
paper so wei known as IT has become ior accuia's
! and exactness In every detail
| The New-York Court OF Appeals, several years
apo established the doctrine that person VINO
| murders another cannot take the benefit OF the
provisions Of A will made by the person Whonl ne
has killed. This theory Is supported on ooc'fn''
OF pubic policy although no provision existed al the
time the decision made. in any act OF 'he iesis-
lature providing for such case. The supreme
| 70 "
decision but has recent after rsnear nYsr a the
Tor or Gms p opinion ami now mods
that as the legislature has made no PROVISION ics
S sr'" mekjng an exception to the usual laws OF
| descent The New-York decision Is however SO
,hat w probably still be followed, in spite OF the
criticisms OF the New-York doctrine MADE Dy ONO
and Nebraska courts
The New-York judges Of the higher courts do not
often attempt be humorous in their judicial opin-
! ions but chief Justice Titus. OF the Superior Court
! OF Buffalo In the opinion accompanying declsion
| OF the General Term. recently showed some desire
/ n have snort with the case before him. physician
/ in Buffalo brought suit against the western
Transit Cornpany A corporation which was engaged
I'm the summer OF 1873 In carrying passengers through
| the lakes and 70 the Worlds Fair at Chicago. Its
circulars set forth the many attractions OF the water
route 10 Chicago and especially airy ana COM
Portable staterooms" The plaintiff. DR.. BuS'man'
! applel t. the Buffalo agent AMI bought TWO az
curslon tickets TO Chicago ior hlilselt anu Wiz
They had a stateroom until they arrived at the
500" and there changed 10 another steamer wnere
nm onnlic-,tion for a stateroom was unsuccessful
and the doctor ana his wife were compelled 10 re-
! main awake FOR the two nights on the Trip ne
brought suit FOR a violation OF the contract made
by the Transit Company but was S a
Judgment OF the lower court Chet Judge Illus. ~
h ms IpIbJ ,s Ticket to the agert who looked the
doctor and smiled and said. l VIII see Wiat .t,'
a4Iv in the full belief induced by that smile OF the
! ticket agent that he would be SATISFACTORY! pro
y h WIN" he S on board and started for Chicago
The Judge then quotes some testimony o ,ne nd
snvs I when | get back Buffalo | am going TO
the Western Transit Company ana rase ST., n in
R Nmrfao proceeded to do About II o'clock when all
had become weary Of looking al me s.is si ~
hearing the swash of the water against the SIDES on
the sturdy vessel the doctor descended into the
cabin and saw the servants carrydns tSa nrssr
and then other conversation OF nor no ~
refined character Is Quoted ana ene bs humorous
phases Of the case The courts of this state 90 no,
often contain such matter written Win an apparent
purpose OF appearing fnnny'
Tho ,,oeronce in methods between the courts OF
this country and OF England Is referred 10 by 'ohi'
| II Haml!ne a Chicago lawyer who has recently
made n visit 10 London. and who relates his ex-
perlences In the columns OF The chicago Lesai
News" He was present at the trial OF damage
suit before Lord Chief Justice Russell ana d jury
| about the middle OF July. II appeared mat 'he
cause OF action arose in March OF the same year,
and suit was not begun until April and yet IL was
| ,r,e1 within three months after and a Judgment
was entered within little over an hour from tns
beginning of the trial In case on appeal VIII
NJ, Unmllne heard argued before the Lord I nan
ceior and judges the judges held consuann od
and rs soon as the lawyer for the appelaht neu
Coz sed talking the Judges Immediately dismissed the
appeaI rendering oral opinions which were tassh
po.ed OF and from the information which ne re-
revcl Mr. Hamline believes that cases are Drought
20 ,r,ol much more quickly and decided both In the
trial courts and on appeal much more RAPIDLY tnan
In This country SO that delays or several years,
! which are not uncommon here. are rare under the
| procedure in England
THE Green Bag for September. contains
sketch of Chancellor Robert K. Livingston. one OF
| the most famous OF the members OF the judiciary
OF this state and one OF the two citizens or New