New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-05-13
SUNDAY EDITION,
MAY 10, 1894.
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS.

vous Constitutional Convention two OF the moss
notable figures were Horace Greeley and George
William Curtis Journalists and some OF the moss
eloquent lawyers who were members OF the convene
ton did not attend It's sessions regularly. William
NJ. Evarts made some eloquent addresses when the
judicial article was under consideration. but was
absent from many OF the debates. Mr.. Curtis OF
fered the resolutions in reference 70 woman SUI
frage. and its most earnest advocate, Wniie
Mr.. Greeley In short and effectiye speech maze
frage proposition by declaring his opinion that few
really desired to exercise the right OF suI-
frage. Mrs. Stanton was then, as now. the leader
OF the women who urged the convention to provide
for woman suffrage The proposition TO strlke tne
word male" from the Constitution was deieateo
in the convention Of 1867 by vote OF l25 to 49, IN
the present convention the lawyers from whom the
most eloquent speeches may be expected have ex'
pressed their determination to attend the sessions
regularly. and much fine oratory may be heard by
those who are present the meetings OF the CON.
vention. Thomas c.. Alvord and John NJ. Francis
the last previous Constitutional Convention, FREE
quenty took part in the debates of that body. Mr..
Tucker and Augustus Frank were silent members Of
the convention OF 1851.
The decision Of the General Term Of the Court
Of Common Pleas in reference to the Ives Pool
bill has been the widely discussed legal opn-
ion Of the week. The minority opinion by Judge
Bschoff u.s. in the opinion of many lawyers, stronger
than that of Judge Pryor, who presented the views
OF the majority Of the judges Judge Bischon Is
one of the most careful and studous Of the judges,
and his reasoning is sustained by the citation OF
many decisions or other courts. All OF the JUICES,
agree that pool on horse race Is lottery Tne
ma ority judges believe that the Ives Dill legal
ICES pool-selling. while Judge Blschohs opinion Is
that the act simply declares the sections or the
Penal Code imperative under certain conditions.
The Legislature he holds. is not required TO pre-
scribe punishment for conducting lotteries atthoush
the Constitution prohibits the authorizing OF loter-
les or the sale Of lottery tickets. Whether the
Ives bill were sustained or declared Invalid, tne
recovery OF "A gambling DEBT would NOT De aloWed
questions passed Upon are interesting but need
have been decided the Pool bill would hardly
have been construed to aiiow the recovery VI
gambling debc
Lewis Sanders whose death announced last
week was a most earnest advocate of any cause
which he undertook and equally bitter opponent
OF any one with whom he had contest. he was
engaged in some Of the most hot,y contested cases
Of recent years. Mr. Sanierss perslstency served
him IN good stead In a ,ong-contnued fight With
a mysterious disease. He was successful in wardng
off for many years the victory OF this most bitter
opponent and although many or ms triends pc
,ievc1 that he must long ago succumb. he sue
ceeded with his usual strength OF purpose IN he He-
Mr.. Sanders was long d member OF the hrm OF
Kaufman & Sanders, and on.y few years ago
he became the head OF anotner hrm l9rineu OF.
the death Of Mr.. Kaufman. Mr. Sanders spent
as that which afflicted him, and he wrote PAM
phlet on the subject
one Of the decisions recently given by the Court
Of Appeals arose from peculiar state OF facts.
An election was held in the town Of Spencer In
this State, February TO- 1891. Some OF the OH
Gals believed that the terms Of all the Excise Com-
missioners had expired. and ali the printed ballots
bore the names Of three candidates for Excise Com
missioner All Of the voters except one cast BAL
lots bearing the three names for this office. AS
matter Of fact. the term Of only one Excise Com
borne only one name for that office one of the
voters scratched OFF the names Of two Graduates
of the former Commissioners. Mr.. Shepard after
ward served Commissioner and signed a IL
cense to sell liquor. Suit was afterward brought
hO,Qer license
out valid license, but the courts sustained MS
right 10 sell liquor. declaring that Mr.. Shepard had
been Legally elected Commissioner. All the votes
cast for Excise Commissioner at the election were
had been scratched. and this vote elected Mr..
Shepard. The Court OF Appeals has Just affirmed
this judgment. Elections have sometimes occurred
where candidates have been chosen by majority
OF one vote but cases are rare where only one egat
vote has been cast. ana that vote mas resuted IN
the election OF candidate. Another unusual case
Just decided by the Court OF Appeals arose over
FOR October delivery in New-York City" The
defence was that the goods were not delivered on
time The oil. 1t was shown. arrived at the pier
in this city between and o'clock on the af t
noon of october 81 The courts have held that this
was a Seasonab!e delivery
A circular Of the Bureau Of Education shows that
this State has the largest law libraries in the United
States Il is estimated that the Congressional Lii
brary may contain more law books than any OF
the distinctive law libraries. but there are no ac-
curate statistics this subject The New-York
state Library at Albany contains about 5000 books
and nearly 1900 pamphlets The library Of the Law
Institute in the Postofice Building. and that
OF the Bar Association OF this city each con-
tains io.0o0 volumes There IS no other law IL
brary having over 3eeo volumes. The law Libraries
OF Columbia College. Cornell University, the Equita.
be Building ana some OF the Libraries connected
with inc courts contain between lOV0 and 300
volumes each The libraries connected with Lin
coins Inn AMI the Inner Temple and some OF ahe
other English law Libraries are numerically large.
containing between 5000 and 5000 volumes. Those
who have visited tnese horAries however. say ina.
as 10 q large proportion or me DOCKS me noraries
are really not entitled TO the name OF law libraries.
ture The number OF volumes OF reports anu STAT STAT
utes AMI OF legal textbooks Is much smaller than
in the American libraries. The English Librarians
nave unit! recently paid little attention 10 reports
of the decisions in the United States. The German
law libraries, it Is said. contain many American
reports.
Accidents resulting from the of electric wires
are 50 frequent that the question to the amount:
of required from electric light companies Is
OF importance The supreme Court of North Caro-
lima has held IN the recent case OF Haynes against
the Raleigh Gas Company tina; electric light COM
panles having dangerous wires along the streets ara
charged with the highest degree OF care so as to
prevent accidents to travellers along the street In
that ten-year-old boy caught hold or
wire hanging from an electric light pole and reach
ing neary 70 the ground; rheFe was nothing 10 IN
WIN electricity but me shocS was suiclent TO XII
that it was not negligent in leaving the wire hang
ms to the ground
1t Is suggested in some OF the English law jour
nails that "Sr Charles" Russell may not remain long
n Lord OF Appeal but may become Chief Justice Of
England. Lord Coleridge. who is seventy-three
years old. has become afflicted with somnolence.
which Il noticeable while he is the bench. In
other respects his faculties seem unmpared. but
there is some criticism arising from this fall
ing II Is spoken OF a remarkable fact that OF
the four Lords of Appeal. who are among the chief
judicial officers of England was born In Scot
land and the other three in Ireland Lord Russell
has been a Member of Parliament from English
constituency. bat the other Lords of Appeal have
previously represented voting districts in Ireland
and Scotland. The promotion Of the great advocate
the Appeal Bench has been criticised In some Of
the English law papers because he has not had
training as a student OF law Judge. There
IS only one equity lawyer among these judges OF
the highest appellate court and three or the four
members were taken directly from the bar
ARRIVALS AT GREAT HARRINGTON. y