New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-12
FROM BENCH AND BAR.
GATHERED AMONG LAWYERS AND IN THE
COURTS

|
Thu income tax hearing before the United States
, Supreme Court last week was more remarhap'e
even than the FIRST hearing In the depth OF research
| and the eloauence OF speech shown by some OF the
| LAWYERS. Mr. Guthrie secured the close attention
| ~ the Court at the first hearing. but his later
speech showed even greater freedom and more
| mastery command OF his subject. The Government
counsel were plainly overmaiched throusnout Mr.
| Choate II almost the only lawyer In the ecun, r
who talks TO the Supreme cour; Justices win the
sy of seen n inc
| argument Is clear and convincing and n devseren
c Sh e" a to dssh, the justices does
lead them all to ADEPT ss they %
Guide practically all OF the members OF the New.
York awere never more proud Of ne be tayor tse
Supreme Court in the income-tax cases
Tho Nav terms OF the courts opened Monday
with almost every Judge OF a court OF record IN the
| city and some from other parts OF the state DUSTY
| engaged in clearing away the mrge calendars Inc
| General Term OF the Supreme Court consisting OF
Presiding Justices Van Brunt and Justices oBrien
and Parker. had before i many cases OF unnsna,
' resrc ah1s'e the KIND o. erected on
s Us nndr which the and Long
Bridge Company and the Sousnern anIs and assess
damages and other difficult questions were present,
ed ed at da hs Of Common Pea also on
The Circuit Courts and the spec sr and i''a
| also fully occupied WIN pushheS''
| A the elevated railroad cases begin to occupy
less conspicuous place the calendar OF the courts
| n new class OF perplexing litigation appears Some
| OF the ''Iloyds' cases are enough to perpex even
| the old masters OF pleading. who have found less
occupation for their powers in these days OF simpler
| codes OF procedure. "Lloyds insurance contract
is not an especially clear document at the best ana
the courts have not smplifed the methods necessary
to collect the amount Of any loss under the pocies
In some OF the cases the numoer al anbrs
OF firms are always known to the peader, Jon ,
Does and Richard Roes appear p n ars ec,a,nns
TO the effect that the atornty may be ignored ana
the subscribers nay be sued diTecty haes nonsi
blIty. but harder TO prepare the pleadngs The new
system of insurance seems key 10 encn Inc t the
| methods TO be followed in collecting the insur nee
in defending the SUITS.
THE New-York Law Journal" which usually sees
| the bright side OF things is inclined to think that
the law is just now at an ebb tide In puoHc OPINION
| The delay in finding fury in the Mclaughlin case.
tho faiure TO carry out the judgment in the Buch-
| anan murder case the uncertainty Of the United
States Supreme Court as to the validity oil income
tax legislation. the disagreement OF the oscar "ae
iury and few other incidents Of the last Few weeks
| do cast a sombre shadow over the countenance OF
Justice at present But it does not seem necessary
n resort 10 poetry as does the Editor OF THE Law
Journal TO look only to the distant future iof
| Justice are not always without remedy A jury mas
| finally been secured try Inspector McLausni'n,
I'M GSS Aas fax sw %ae be rsre
and in the lives OF men now living me senenSe
The incidents referred to should undouptediy 'eta
some RI or, ,nn ana Jurors IN important criminal
cases While the present system s rs Is NJ the long
and careful examination of the Jurors is usually
the securing Of intelligent and honest luries, pu.
the length of time occupied IN the process Is u''"'
| great.
| The legal considerations in the Buchanan case
| seem TO have been largely imaginary. United States
District Judge Addison Brown took the wisest course
when an application was made to him Tor WIFI
| of habeas corpus II he had either granted or re-
fused the writ the execution must have been stayed
He however, simply refused to entertain the appli-
| cation No appeal could be taken from that action,
| and there seemed to be no legal reason why me
should not be carried out. There was time when a
| the failure execute the sentence OF death a, inc
APP the criminal mine TO death As the judgment should
have been enforced was supposed 70 De 'mposss,nr
occasionaIly escaped the sallows on account OF the
Ss Of S sw. the S Of
parenty causeess uncertanty as to the riFdt ea 10
| Incident TO fixing new dav OF execution
| The Section Of Legal Education Of the Bar Assoc
ciatlon under the leadership OF Austin Abbott Is
| performing a large amount Of valuable work At a
| recent meeting in Washington plans for the "nhn''
| meeting Of the section were discussed. Among The
1r haysr Of the Harvard Law school and thc Rsy;
pr Lyman Abbot Of srSosyr n. Or oc Apeos Of T ihs
section are gratlned the increase In the stand
ards Of some Of the law schools. three year, EAR,
IN several schools Insrcs, in legal education has
greatly Increased since the section was founded
One Of the plans IN which Austin Abbott ana
other thoughtful legal educators are Interested -
the endowment OF schools or departments OF SCHOOLS
for the study OF Jurisprudence Mr.. Abbott defines
tLA al
understanding OF the reason and the unreason OF
tho law" The study OF abstract legal principles
with the same devotion as the SCENTS. shows N
endca voring prove the truth OF some new theory
is In the present day The struggle ioi " -
ihood Is intense that only those ia"Sei' W."
are not dependent on their labors for support vi
who have reached high place In their PIoie'
sion, can pause 10 study Jurisprudence 'se"' %
distinguished from the practical matters hece's'
in carving on the ordinary work OF an active prac
tce The need Of some means Of quietly pursuing
the study Of Jurisprudence Is all the more nee ny
e IN ,ne Of the law schools are designed
only to fit the law student TO become as soon as
the needs of this branch OF legal education may s
lead rich to s unite IN be- pad to
| the study OF Jurisprudence, and scholarshps may
be founded through which students may oe c and
stantly employed IN research ih'es"saoo" anu
study.
The Alabama Supreme Court has recently con-
sdered the novel question as to whether the shoot
| ing and killing of neighbors hog makes the per-
son who does the shooting guilty OF stealing the
hog II was agreed that II the man shot hog and
then took nossession of II he stole II. The judge
before whom the case was tried told the jury that
n The nerson who fired the shot got near enough
70 the hog TO exercise dominion or control over II,
he was guilty OF larceny. The Supreme Court held
that the charge erroneous. IL is not enough.
annarently for the wrongdoer TO stand of and look
az the hog but he must try to carry II off before
| he can be convicted OF stealing It,
| The English High Court of Justice recently de-
Of in To hot
The plaintiff placed s25 In the hands OF a stake
| holder to be paid to the winner OF a be-
| tween the plaintiff and friend. After the
| was won but before the money was paid over. the
| loser asked the stakeholder TO return the money
| which he had wagered. The stakeholder refused