New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-04-28
FROM BENCH AND BAR.
GATHERED AMONG LAWYERS AND IN THE
COURTS.

COURTS.
The signature Of Governor Morton to the b'ii
fixing the limits Of the new judicial Departments
completes the legislation necessary to carry into ell
feet the provisions Of the Constitution reatins 10
tho now ADpellate divisions. The law is salts
f,c,orv ,o the members of the bar of the State, ex-
cent 70 those living in Buffalo. and It seems i'm
possib. properly divide the departments In such
4 way rs to allow sessions Of the appellate division
in that city although large amount of legal buS-
ness arises there. The Appellate division which in
n,ides Kings County and other southern and east.
crn counties of the State Wi. meet after the 1T
=" IN he saved the necessity OF going as they
frequently have gone Tor many years past, 10 New
Snnerai Term The May Genera. Term This year
and the September Genera Term to be- hr.t N
Ncwburg VIZ be the last held IN that city i2' many
years or unt a new constitution = adopted.
The uncertainty az 70 the meaning OF the ord'r
mad. on "Wednesday by the United states supreme
Court in the income tax cases was jdstihe' 10y the
language used 10y the Supreme Court me o'"e'
directed that consideration OF the petitions Tor r.
bo,rfna. was reserved un;N Nay e, "whon full
bench Is expected. and IN that Mt two co'hs .''
on a side viii be- heard at that time. Nhh' 'he
arment OF petitions for rchearins does not usually
occupy much time. il seemed quite possible III W."
Of th. Importance OF the case that IN" supreme
Court mieh; be willing 20 hear several avg r ,
on the preliminary question oi granting % H.
II the order had been intended as grahtn1 9i 'n'
petition providing iH,, cou'i wa ~ oa tL~ main
and IN that case drte ing q .''t..G. i,.'t. b-.m
question. any miscons'ruciion m.Shl ni l' H. ,'
Ing that the counse would be heard on me mani ,
questions previously presented 10 me Cout' 'Iu
nnrnhann hat * senator EImurds ana Mr.. Choate
Mil make the argument agan-. the co"sutu'l3H-
ality of the Income Tax a" and VI '2ti'r am a.
torney-G General Oney MAY argue IN FAVOR oil 'H'
validity OF the law.
Tho Court Of Appeals decisions Of the week in
In, 'r. as. u
Ulrsh against Auer the court affirmed The Judgment
or tho lower courts. declaring that trust had p'n
created in a sum Of money obtained on an hsur-
once certificate. The member of Il benefit aSS''la-
ton held a certificate payable to his VIC IN"
after her death he had 1t transferred to his sister
\ verbal agreement was made that ms S'S''r
should nay from the proceeds the funeral expenses
NJ the noIc, holder and the rest of the money
for the benefit of his young children. AI''r ms
death the sister did not the money Tor thr
benefit of the children. and the courts nave h'Id
that She could be compelled to do So. although only
an oral agreement existed. Tho case OF Dawes
against the Pelham Uod Elevating company iln3Iy
decided last week 10y the Court If Appeals mas
been Iriea thrr, ' en- asi" by the General Term
and a Judgment IN favor Of the DEL thd"i.l nag "''
whose widow began the suit was ia charse oil some
OF the work the Hotel savoy Wml' ~ 80
company a derrick which wire rope was usei.
Mr.. Davies no"yvrr, I1nut t, ','y i%e one and L.
rror,Irej one over four inches thick Will" a stone
trraIebinp I'VE and a half tons was being moved ~
rome broke ana the stone fell, causing Dawes
death Although II was evident that MS own n'tt!-
go ,,unI in his favor uutlI the higher courts
unm!siaEah'y declared that such N'i'l'' 'o"'I
not be upheld
The amount Of costs IN such case az mat ~
Dawes against the IIod Elevating Company. "'''I'i
last week. must necessarily be large. " the costs
Of each trial are made TO depend on the hnd 'i'-
Oft no "A