New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-08-12
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS,

likely 10 prove cause OF fnucn uI5CuSs'o" '''A-
the members of the Constitutional Convention VIII
need to have 1t before them. The beginning
Of the discussion Of the suffrage amendment do
not develop such brilliant oratory as That whfn
was called forth by the considera ton OF the same
subject In the convention OF 1867. The votes taken
last week show, do those previously taken
careful and conservative spirit on the part OF the
delegates. ana the probability OF many starting
changes IN the proposed Constitution grows con-
stantiy less. The decision to hold longer sessions
so thar the work OF the convention may De nnlshei
By september IL is approved by many VINO recollect
the almost irterminable debates OF the last pre-
ceiling convention ending only in the preparation
0. an instrument which was rejected by the voters
Lawyers who have had training in the compi''
Gated practice OF the Federal courts not easily
displaced from their positions In the offices OF the
attorneys Of the United States Several OF the most
valued assistants remain In their places III inc
United States DistrIci-Attorncy's office IN TINS
district The late Thomas Greenwood was IN the
office under successive administrations OF Inherent
political parties Dis:rict-AttOrncy Sherwood DiN'
on OF Chicago. who took office d few weeks ago.
has reaptolnted as one Of his assistants oliver r.
Pagin. who is known the author OF pook Oh
precedents. and who has been in once Tor SIX
years The salaries paid 10 these oifcials are Small
the labor involved great and the amount OF repu'
tation to be secured IL not always sufficient 10
tempt lawyers who secure fair practlce other'
In the welpad city service the lm,HH,s .,
a head of the choice or inherent poIl.chI &
usually means complete chanse dihons ~, W -
ordlnates. but the appointments nhiie ~ w, w..
eral District Attorney are less desirable ana are
less hotly contested Tor
The Federal Judges feel perhaps, more free than
those of the State Courts to express their OPINIONS
On social questions since they hold life positions
and 10 not expect TO be candidates FOR elective Oh
fee Circuit Judge William II. Taft. Of Ohio, re-
Gently delivered efore the Law Department OF the
University OF Michigan address on The hight
Of Private Property" which was puDilsh"u III iu'i
I'm tho current number Of THE Michigan La"
Journal" II IS curiousy like. In some OF It's IDEAS
the address delivered few months ago py uhl'eu
States Judge Cirosscup OF Chicago. Judge lait
believes that tine right OF private property i SER
ouslv Threatened by Socialists and Communists lie
DISCUSSES The. organization OF wOrl;ngInen. and gives
reasons why the laborer often shows himself hos'ie
to the security of property. Bodies OF a'o"Fu
Socialists in many cities threaten the peaceaDie en-
ioyment of private property. lie strikes pe'""P
unpopuIar note wher he says: The judges Vi
L'eler,I and other courts are sworn to administer
Justice fairly between the rich and the poor. ," men
the oath was formulated II was uOuotiesS 81
tha, tho ton1ptation would be to favor the rch
T".dov II A Judge would yield to the easy course
he would lean against the wealthy ana IsVor W,
really So The sovereign today Is the psopIe -, , ,
tho anpcal OF the rich to the Constitution ana
courts Tor protection Is s an appeal py me ro Wv
against the unjust aEgressions or the sIrohs
a,i"@ TAFT ia one Of tn members Of the Federal
judiciary whose judicial opinions as to the rish's
u
An English case decided few weeks ago IS OF
interest 10 lawyers in this country as lhuica'hs
Tho limits 10 which endurance need go on the part
of an attorney In dealing with an unruiy cheht
pa, .,s. &c one Of the first tried before lord 'hei
Justice Russell Underwood Son n PIPER urn
of solicitors brought action against II cHeh' ~
obtain the sum Of about S1W Tor tne' se'N'.e'
,r. If the defenccs was that the SolcltoiS IA"
,,,, nm the case suddenly without reason. on the
hold haf "A
MIGHT throw No his retainer without stating h'S
,..,,s ~ NO gay. timely notice TO his client ne
Can't NJ ,ppcal held that solicitor coud ho' ao'
t., sr.h q wav without good cause. ana the recent
,ri,l was held to determine whether the so"''o''
were Justified In their action. II appear'u '""' ''
client constantly complained or the mah"e' III
,.b,cb tho solicitors we're acting On several oc-
cos,ons he gave them the lie direct ana once ne
told his counsel that every word the soncto' "au
,on him about the case untrue. Inc Lofu
chief Justice said that there must lie the u'nio''
confidence between solicitor ana cleh, ; an i
eft II for the Jury decide whether tiie uei ~
ants conduct was such that no tIa5 mon To CON
specting solicitor ought TO be caieu upon " At,
fnr the plaintiff on all the points suomittedi:
Lawyers In this country often naVe TO u LEA thex
nh,i, herouse they consider themselves bound TO
c"ninue In the case which they have once pesu d
,hn roirts here would probably. however. dec!ue
i"' f., me rnvIish case that client who vas TOO
insolent might lose his lawyer ana yer De trd in
. ~
H. case
The rights Of seeplng car passengers have been
. further defined In a case recently decideu os '"e
Genera. Term Of the Fifth Department. courts III
N.v-York and other States have he'd that the
/ s-..uIng-car company was responsible lot ''e '
NJ money or other property s'o.en "m'e '"e
,,ss.,yers were "a eep, If por;ers were ho' KEPT
~ hand - guard the property of the se'psrs' IN
,h. c,se inst decided the passenger a "omsh' "a'
A., sum OF money which she had in sma'' sa'c"e'
T. MAS apparent. from her testimony ana from t"aI
~ the porter that she must have .osl 'le purse
h ,lning the money while she was IN me "'esS""s
- O., nv. .,I Of the car The Genera. Term
Judges decided that il essential FOR the p'a'h''
:, show that the money was taken from the peri"
,,ra she and har husband were s.eeplng lie
nrobabilities however OF the case were az ms
mat theory and If she oSt the purst; ot cornanv
s,oen from her Ia the dressing room t, IT,. ca,
u.ci.I uot be liable for the only neg gem CON-
/ NAMED Of was that me COMPANY ga. tr,ar,or
p'i,,ai, cons,an, watchfuiness over the interior
-, 10 oar while the passengers were sleeping me
distinction between ne .oss % rVtfttby Inf was
Lcr,h or IN the dressng.rOom i ssht' pIt
sufrclen. 10 cad the judges TO refuse 10 aIo"
verdict.
-, uec,,,ior attempt 20 turn what vas supposed 70
Ia \ Joke into a valid election TO pubic once
uv,s considered a few weeks ago, by the Juuse' Va
.r, eunrerno court General Term, Fifth Depart
mont A. a school meeting. he'd IN the o"H Vi
Rose Wayne County. few years ago there were
.-, eryh, men and some boys When the e.ec-
,t,, ~ , trustee was In order. some one sussestei
th,t one Of the present. VINO seems ~ "''e
been under the influence OF liquor. act as trustee.
some one seconded the motion. ana the eNh'ar''T1
,r himself arose and said: al in favor or me
say ave" Some one answered Ave hut the
,oe.,lns Immediately a,;erwari continued 10 iran
.,c, blsn,.s ard trustee was eectei IN Tue usua.
aud orderly manner. The man VINO haa fece'e'
one vote "a a joking compliment ai'e'""'
d.,v,rad To act as trustee. but soon gave up tne
,f.mnf IA continue IN office. schoo. tsac't IL
hon, no had emp Dyed. sued the trustees u.h h NJ
nntract hff the Genera Term mas declutu t't ~. ~.
oiaction was entlrey invalid. ana the ma" WIS "O'
= even a de facto" trustee
The family to which the late John e'rdn"'" "
,rgsI vas one Of the most famous III the 'esa.
history Of the city. and ex-Mayor A. oaNey ii1'
has chosen an attractive subject for an ar"o III
the current number Of The Green Bag ~ lbs
-, Incidents Of the lives of the cder ana youNs~i