New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-01-13
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS.

has been hdSUN prepared, DuN ~ SHVit =" VIM
was allowed in the recess Of the court thal me
prnted calendar could not be distributed early last
week as desired by those who had cases awaiting
argument \ list Of the 100 first on the ca.en-
dar was prepared and printed Among the hrs'
cases on the calendar Is the appeal in the Buchana
murder case Dr.. Buchanan was tried in APRIL
1885, and the long delay in the appeal has been que
to the difficulty Of preparing the appeal book. WHICH
IS more voluminous than tina; in any murder case
previously tried in this city. and also TO 'he ido'
that Dr. Buchanan fas unable to pay the eN-
penses of the appeal other than those pad oE '"e
county The number of interesting ieSdi questions
I'm the buchanan case is not large. but the tes'i-
noonv taken al the trial occupies many printed
pages that the Court of Appeals VIII not ne aoe
quickly TO decide the matter.
The bill introduced last week by United states
Senator Hill providing for an additional "'eu
States District judge for the southern D'stlo' VI
New-York has the approval Of the United states
Circuit Judges OF the Second Circuit. but Is ho' aP
nrovcd by District Judge Addison Brown Inc
abatement was made in support of the Dial tha' '"e
work of the District Court required ''e "ppo''
ment OF an additional judge So far as the "o'
Of the District Court itself is of the court
is i'm such condition that any cas- ' an !, The
as soon the lawyers are reluS r -. wear con-
new Admiralty calendar for the pietTt oS N.hjch
fains about seventy-iive cases tWot ~ ~ been
NaIic5 t6rough and an opportunity given Tor me
rial Of every case. case set foi trial next Ven
fo NOT
M situated for The prompt discharge oil business.
Tndre Brown said last week that ms reasons ior
not approving Senator ills bill Nere that the WoiN
e"rej ~ he new Judge entirely in the CTcu.
Court. that such work should -. no' NJ" Sircuit
tudee would provide for more frequent changes ah9
variety in the compcsaiion OF me instead OF
District Judge were appointed 'he saary wou,d ne Ne
ST. 900 higher and theeore i9:s S,ates Dstrct
iudges are constantly drafted into servire ~ rd
ie far tt,ph a
Circuit judges already in otiice are ArseS ,ocsis
with the work of the Circuit court u 'f''"
The new judicial officers, except the luose Vi Wv
Court If Appeals began their work las, NeeA' !"
tho case of Judge Beekman who SIS IN the gu
nron,o Cart there was scarcely any iormaH'3' "e
Introductory exercises in the 'outt Oh us"s' .
sons were more elaborate Recorder 10" f"I
graceful compliment to his predecessors ~
Including ex-Recorder Frederick Smyth' Inc mos
n,h1o n,r. - the Recorders speech was ina; III
,,hich no denounced the system OF blacNhd" am
corrun,ion which has degraded for seveIa ye',a ,'
practice of the criminal law IN tns G ,,,s. nave
~, ~ the LAWYERS who stood before MN niu,. &
nad feeling of seif-reproach at me ed1,i,'s so,
6lke by the Recorde. of the prague ~ rnnr;rorn
Of them engage. rne new ami ueau,iu, Jo s.c,
~ The General Sessions formed an appropriate gym"
for the ceremonial
Tho nronosed clearing on; Of the ne" 'T'''''n'
Courthouse. as proposed by Justice insrahah a'.'
Tho iudges of the General Sessions VIII W. ' 49,
annroved by lawyers who have occasion 40 pa
A., tho bril5ins As one enters the building on '-o
Wblte-st side the placaTd faces the NlS'o'
reau Of Contagious Diseases. Vaccination Iiei'
CT, g., ON fine Franklin-si SIDE ore fc1uS '''
oheorfn1 motto Burial Permits. Gatnerrl III '"V
corridors and on the basement foor' Al WIN" ''.'
elevators are filed. are groups soihe'I'',
inc of hundreds Of men. each armed WIN n ~ y
nick or keen-edgeG shovel, cdIiItt SOi kerar IN I
the shoulder OF under me arm %. 70 the visitor 10
dangerous as we'll Disagree DE 10 ~. asson
..s,.f lplfn
b Nc ~ such bureaus in building designed Joy
the use Of courts and lawyers IS or 0 ''' ''''"e
est anomalies OF Newborn lily ""''
Tho rslor,, Judiciary has rarely been quesuoheo
Cor acts committed in the discharge OF JuioiaI un-
ties I'M, proceedings we're token las; week III 1''
tnron in the ease of TWO District court J"useS o"'
of them accused Of misconduct ana the o'"e o.
an improper refusal 20 consider the ordeT Vi Ju
,ic. of the Supreme Court. The testimony taken
AGAINST Judge Kicks shows 1T least degree OF
,s,g,ecs and the Judge himself admitted on me
witnesz-stand that he had not fuiiF c'i"p'e,' 49,
b,s legal duties The case Of Judge isaac = al
Ler Of the Disric; Court OF Arkansas j. pe0"''''
ona Justice White. Of the supreme 'ou'" II
roo.oa TIA. a prisoner VINO was in jail awaiting me
decision OF a higher after CONVICTION IN tme
Tiersi court before Judge Parker Tor ieioni ,
assauIt should be admitted 10 ban. Jules al ~
FsoS ~ ,bev the order declaring that ineIc Wa
no lawful authority for bail after ne W 0 an
the defendant and PenIins 'me has ai~ays been
ppnnNej i'm the United states courts IN ms pdi, u
the country. and IS fIeguen,y D'os matter o,
rioh, in The Federal courts in some OF me
Wheihe judge Parker rg ih OF oraSn 81 his con-
xiciions in opposing member OF me h'ehes' re'
eral court
The cons,i,u,ionality OF the income tax when
will he attacked and defended before 'nr 'o"' =
Of WASHINGTON next week is the subject OF ''du'''
discussion I'm law Journals throughout me counu!
M CA l.
Doviev,'' a logical argument against me oohs'i'u'
.io,alitv Of the act. and especially argues asahs'
Tho concusivaness Of some OF the opinions % the
Supreme Court which are relied upon by those VINO
declare the income tax TO he w'hh Inc Po"''S
az the Government Is provided Tor phder ''e pre-
Ont law Amasa J. Parker writing to Inc AipaI'!
Nv :" Iournai" sives careful review of the pro-
visions Of the Law. and believing ina me coul
VII ,s,,"s,s otb4r obiections % its validity The
majority OF the writer's in legal magazines lcCoSi1,
that II will be difcult successfully To argue asdlns
some previous decisions OF me hi ~. he roe
preme Court. nut they believe MAJ II may W P Pc
sihe 10 distinguish between those cases ana thf
nresent action against the income tax law suncicn
~ 10 obtain decision Of the highest court asaihs
the validity Of the law.
The latest number of "The American Law Re
view" contains several interesting articles one OF
the most notable Of which is written by Proiesso;
John H. Wigmore on the question Of the naturaIiza
zion Of Iapansse immigrants as American citizens
Tho decisions Of the Federal courts have usually
been unfavorable 20 the granting OF NATURALIZATION
10 the japanese. the ground that they are m
cluded with the Chinese in The classes lor "nlcI
no naturalization proceedings are autnorHeu. FRO
fessor Wignore quotes many OF he highcst au
thortios anthTOpolosy to SHOW mat me japan
csc belong by descent principally TO white race
and have only a small infusion OF Monaghan blOOd
MANY writer's have considered Inc japanese 81
Monrolians but if-as Professor Wiamore argues
they arc white persons. they may he admitted &c
citizenship aliens from Europe are under 'h'
present law
The Bar Association OF this city has long iei
the need Of new and larger quarters. and the pur
chase Of i plot Of ground at Forty-third-st ant
Sixth-ave.. will enable this prosperous organl'
cation to erect building OF suitable size. the two
great libraries OF the Law Institute and the Bai
Association are conducted opposing principles
The Law institute library is largely useful as
lending library. and for the making OF briefs bS
lawyers who work through the day. The Bar As