New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-19

an ha am nrenared Collections OF cases many
branches OF the law which form textbooks 20, ns
which with oral lectures furnish the on,y menns W
instruction in The older law schools aimed y' rathsr at
making men learned IN the law w Viii m nr,o,,s ~
Dwghs system va. dcsgn,u and 70 successfu practice
quickly AZ possible FOR actNe anu S"eV''''"'
at the bar.
."rbc Harvard Law Review" surrenders its May
number entirely to the commemoration OF pea"
Langdelrs service. The May issue IL dedicated 10
him and consists of trea,ises by James d. l"'S'''
Jeremiah smith, Judge Oliver Weh'en 'i"'''
John c. Gray James u. Amcs, Eugene " ai'o""s"'
Samuel Wiriston and j. H. Beale. Jr, VINO are VI
have heen associated with Dean Langdeli as mem
hers of the faculty Of the Harvard Law o, ,,
Most Of the articles are 2n rward Law School Asso
rlation in honor Of Dean Langde VIII take pimrrn
June 2 Sir Freder re, ,pebers Of the associa
ton viii dine Massachusetts haii. ,Nn
Law School has always BEEN daVUa W. ioseph story
Simon S Greenleaf Theophilus Parsons Joel Parker
and Emory Washburn
The secret OF the decision to be announced ny
the Supreme Court tomorrow IN the income ''N
eases has been more carefully su'rhed IMAM ""' ''
bsen the case when important announcements "'r"
.xn.cted from the Court Contradictory STATE
m,nts have appeared from various sources pu' u
il apparent that the Judges have MAJ" some '""''
10 prevent the annoying and dlsgracei. punnv, Ivy
ub}ch has attended the determination or many l,'.
,"tan, n,,csiions before the Court The secrets
OF courts are usually closely kspl, ana M heit"fs
u,isinr that 40 accurate statement or 'hs nr'''n
~ ,h. h,igra Of the higheat court 81 ne inh, on
matters discussed IN secret i,ss'"n hn~ heen
incomrsink cases
The refusal Of the Ontario an'ho'h'H 10 "''"
rrancln l.. Wcmnn. Of this cily To "d'''"" Wv"
court IN the iiyamE murder case mas '''" WV
clv.d ln some legal periodicals ~ M 'Ah'o','"" W
,n,row feeling such M was scarcely TO u" "N-
tlv
r.noda, courta may however. be 20 strict ar not 10
uilow IN. courtesy to be shown even IN s'hs' u"
stance The Ontario Court certainly Jos, p'''
ING opportunity TO learn how an American INV"
yer conducts his case the rev Ame ,b chI"f who
have efi their country 10 practise under We n''s
methods o. procedure ss, n"E OF The difference in the
systems adopted In the courts OF the Nv" ''"'''''
Among the amendments passed by the present
I agisl,,ure to The Code OF Civ Procedure ~
change I'm the law limiting the power OF J"ns'
TO act I'm "A case In which he might DE- s"ppo'''
TO have an interest by the new Jaw q '""e' "
the Court OF Appeals is not dsquaIihed from ''"'"h
part in the decision OF case In when an insurance
hoIder in the company Another amendment to me
code allows referee to ret,ye comp sn rron
OF over ssl,s ,or more than So0 The Court may TX
the amount OF additional compensation haan IN
Toes In foreclosure suits have sometimes peen VIA
fairly small when the property interests rc,sed
have been important but care mus ne ay make
or the elastic provisions OF the Nv" Ia" ''"' '
compensation unduiy iarse
An apparent error in legislation appears In the
n1,nar, made nv the present Legislature to the
code Of Criminal Procedure In reference 10 the ieeS
NJ witnesses In criminal cases. Inc aihchuh'h' =
designed to do away with the present l''i""'''
I'm the payment OF Witnesses thoSe III CIV" ','
now receiving 20 cents "A day and mileage fees' "'e
witnesses in criminal cases are not paid me
.,ft l. Mi
ncss In behalf of the people In a criminal acton IN
a cour, OF record Is entitled 10 the same Tees ana
mileage az a witness In ciVh acuoh ]" '''' S"
court" The payment Is to be MADE out Oh 'he pun
lie funds and an amendment to another section AZ
lows the court 10 order payment by the county TO
a witness for the defendant of "A sum mot exceed
ing the amount payable TO witness IN c'n
action in the same court" The difficulty Is that
though Witnesses In the county courts ana III 'he
Supreme Court may thus receive pay III cr"''hal
as well as in civil cases witnesses In the court OF
General Sessions in this county cannot, according
r. The opinion OF some lawyers. get the same fees
in civil action In the same court rh u" y
sy &C are sd m on appeals from
ders In basardy cases but there SEEMS 70 oe I
in that court In enacting this legislation designed
to provide for the payment OF ssen N az,
such rights as the Court Of General Sessions form
erly had for the payment OF poor wnessT RS or for
provisions take the place OF the sections under
which allowances were occasionally made to wit
nesses by the Court Of General Sessions. so that
in this county the later state OF the witness in a
criminal case may be worse than the first in spite
the purpose OF the Legislature is evident some
fees NAV be fixed The law. according to high
authority in criminal law. might be construed to
mean by the words 'in the same court, IN any
court OF record.
The courts have recently shown disposition to
act sharply In cases OF corporations which have
obtained privilege through the corrupt or fraudu-
lent acts OF public officials who represent the munic-
Qualities by which the franchises are TO be granted
Justice Smith. IN the suits against the Nassau ana
Kings County Electric Railway companies. eX-
pressed vigorously his opinion OF the bad faith OF
the majority OF the Brooklyn Aldermen. and found
sufficient grounds for declaring the franchises void.
The Pennsylvania Supreme Court recently took
equally vigorous action in several trolley railway
cases. Several companies sought 10 o .o inc
railways In some Instances SUPERVISORS were IN
The employ o, surface sea rh o,cers of The
trolley companies offered 10 guarantee 10 the super
they had In one instance a Supervisor secured II
promise that he and his son would both Dc eiii-
pa Gsrn oy man e thew We're then receiving The Su.
preme Court decided that the consents 80 obtained
were invalid The strctness OF the courts VIII per
haps have a more deterrent effect upon dishonest
corporations than any form OF exposure OF bribery
An unusual legdl proceeding was that adopted by
a Columbus husband few days ago. lie did not
agree well with his wife, but insisted upon visit
ing him at his grocery store and conducting herself
In such a maner that. according to aifdavits sub
mitted to the court. her presence had an Injurious
effect upon trade The husband applied to NE courl
and secured Injunction restraining the wiie from
'bohering him" and visiting his store. II husbands
and wives sought relief In the courts every ti,n ~.
that they were bothered" the number OF cases III
volving family disputes would largely Increase.
Judge Smith Of the Montgomery Common Pleas
Court In ohio. recently ordered the disbarment OF
Charles e. Swadener and another attorney. Eleven
charges were made against Swadener, involving uis-
honest practices extending over several years ana
the conversion Of nearly $4,000. a settlement oil Inc
claims had been secured before the order was mace
| against the lawyer. strong application was maze
to have only .suspspsioa from practice imp0Sea