New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-02-25
FROM BENCH AND BAR
GATHERED FROM LAWYERS AND AMONG
THE COURTS.

THE tOOKIS
The appontment Of United States Senator Ed
ward D. White. Of Louisiana. to the United states
Supreme Court leaves New-York without an asso-
ciate Justice OF that for the first time since
Rrockholst Livingston was appointed as the sue
cessor of William Paterson. of New-Jersey. In Mo-
vember. 1906 except for the brief intervals between
the death OF one Justice and the appointment Of his
successor. The rule Of appointing justices from the
circuits to which they were assigned has been foi-
lowed with great uniformity for twenty years, ex-
copt in the case OF the Chief Justices The repre-
sentatves Of New-York in the Supreme Court have
been among the abest members OF that tribunal,
Brockholst Livingston. Smith Thompson. Samuel
Nelson. Ward Hunt. and Samuel Batchford have
each brought strength 10 the court. The present
need OF the court Is Tor consututiohai la"s iS
MANY OF the patent and admiralty cases are now
finally disposed OF In the Courts OF Appeals ana
tutional questions can be found In Ne%- YORK that
In any other part of the country. Inc stare o,
Louisiana has not heretofore. been represented
among the members OF the court. Few apponit-
ments have been made 70 the court from the OK.
treme Southern States Georgia ana s,in
was from MsssSpp The Eastern and Soutn nTP
proportion OF the members of the court
The question whether Federal judicial officers can
be subjected to an income tax Is discussed in THE
Albany Law Journal" Chief Justice Taney de-
clared the income tax as applied to Supreme Court
Justices 10 be unconstitutional as diminishing the
CONDENSATION Of the Judges fixed by law at the
time OF the appointment. The amount or money
retained I'm the Treasury from the salaries or the
Judges in payment of the income tax vas returned
Gou nre IN ' case deccd in $50 declared the mpo
sltion OF nm income tax on the salaries Of judge
ferrod TO in The Albany Law Journal article was
that the Collection Of tax from reaSpd' ners
would not be upheld in the courts.
Mrs Myra Braaweu who died recently IN chi
cago was not a. was said in some news dispatches
a member Of the bar Her application for admission
to the bar was made many years ago. AMI the
courts az that time refused 20 allow her - prac-
use She contested the matter In the apo@llate
courts bui they hold thai I'm IN" absence OF stat"
laws women could not be admitted - tho bar.
Mrs Rradwen became the Editor OF The chicago
Legal News" and was instrumental In having tne
laws changed not only IN Illinois. bnt IN many
practise at IN" bar ~ many Of the states Or me
Union Mrs Rradwen did an important work for
~. legal profession In the management OF her
Journal T. was regarded the best weekly publi-
II rrnor,ed fully IL" proceedings OF important meet
ngs Of members ~ tn" ar IN ChcaeT, an LIS its
well also edited volumes o. 'aw reports. her nus
blnd was ono " the most highly honQrei LAWYERS
Of Illinois and her son. daughter ana son-in-iaw
are members of the bar.
The surprise expressed by some OF the judges and
many lawyers over the discovery Of a provision OF
law for the compulsory examination Of plaintiffs
In damage suits l. itself somewhat surprising. In
THE New-York Law Journal and other legal pub
ucltions the change In the statute was freely
commented upon last summer. and the wisdom OF
IN" new law was discussed. The United states
Supreme Court over two years ago decided III
the Bottsforl case that under the common law tne
trial court could not compel the paintlH 70 submit
To- personll examination by physicians chosen by
the defendant. That decision was widely discussed
ycrs' Reports. Annotated" The vigorous dissent
Ing opinSSn h2wsyr rmens exsted foF as we'll
against. the examination OF the persons OF pam
TINS in such actions ana several riaa n1STs NAN MAN.
ion Of the United States Supreme Court In deciding
argument FOR the new law II that the purpose OF
the courts il 20 find out the truth. and that an
determine whether the injuries To the person really
exist Those who object 10 the law argue that II
pers IN. deterS injured persons. especially women
from bringing actions for personal Injuries and gives
a new advantage to corporations already sufficiently
favored by the wealth which enables them 10 employ
expensive counsel and TO hre det+ctiVeS nv, To rN-
porai!ons would have been wise II thex had taken
as test case one In which the palh,i1 was mex "
young woman TO compel a personal eNanlna-
ton in such case as that before Judge Pryor 10y
physicians unknown to ne plantln WAS To- inyie
at least harsh even IT, as the COMPETITIONS dtcitre
Nn attempt viii be made to secure the repeal Of
the law.
The treatise by Judge David McAdam. of the SUI
pcrlor Court, on individual. Corporate AMI Firm
Names" recently published is marked by all the
originality and quaint humor which make Judge
McAdams opinion the most entertaining. after those
of chief Justice Beckley OF Georgia. of any to be
found in the law reports. He adopts. for instance
the practice of George Eliot and of the Older
novciiss In beginning eacn chapteI win quotations
from poets other writer's. "A good name Is
rather to be chosen than great riches. and Shake
speare's whats In name. etc. md appropriate
places at the head OF the chapter on "lndvidual
Names Accompanying the chapter on "ChanSlhg
Names Of Individuals are quotations from the Book
Of Genesis Southey and Shakespeare; under Inc
title Name IL Trade Mark is the appropriate
couplet of Campbell:
"Who hath not owned. with rapture-smtten frame.
The power OF grace the magic OF name.
70 the chapter on Firm Names is prefixed the
motto 'ln hoe slgno vinces" The body of the
to use individual firm names and corporate names.
the methods OF changing them and the provisions
for continuing the use OF business names after the
death OF an individual or dissolution OF n firm The
they are all OF late date. and have been taken
from The NewYorn Law Journal or the Of
fetal files. and have been approved by judges The
with which the latest forms have been adopted
Is shown by the fact that the certificates filed last
month under which Matilda b. Brown continues
carry on business under the name OF Martin h.
Brown. are included The work Is a valuable treatise
Il rarely discussed subject.
Judge McAdam might have extended his treatise
by quoting many other Interesting decisions TO
the effect OF the incorrect spelling OF names and the
right to choose or change ones own name. Under
the title. Spelling OF Names" which has as part
Of It's motto, ITO err Is human" some New-York
cases quoted The reference to the American
and English Encyclopaedia of Law will aid the
IN ipya tiyatA ~ 40 no Of tha