New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-03-31
FROM BENCH AND BAR.
GATHERED IN THE COURTS AND AMONG
LAWYERS.

LAWYERS.
The re-enactment of the Objectionable section of
the Code Of Civil Procedure which existed before
1894, relating 10 the statement of propositions or
law or Of fact for decision by court or referee Is
proposed in a bill before the Legislature and
"The New-York Law Journal properly warns
the Legislature against reviving the practice
which prevailed before statute of last year
repealed Section 1903 of the Code. 1t was
formerly Of the worst evils OF practice be-
fore the courts that numerous findings OF fact
and OF law were to be passed upon by the Judge
or referee, that ingenious lawyers could submit
scores hundreds of legal points, frequently nav
ing little relevancy tohe case but to all OF which
the Judge or referee was required to express his
dissent IN consequence OF this neeu.ess!!
embarrassed and cases which had been properly de-.
cided the main issues were reversed because OF
some failure properly 10 rue upon an nsiShmS aiS
point of .aw or question OF fact the system whlcn
WORKED U well in practice and revival Of old
obnoxious methods would be unfavorab.y received
puzzllng judge in the hope Of obtaining new trial
by leading nm INTO error me new sv Sect o9 vSrb
complaint was formerly made. but any return to
the old system would be unfavorably received
The settlement OF the famous Davis will case in
Montana will quickly bring to erd litigation
which has already lasted for five years over the
property valued several million dollars left by
Andrew j. Davis. of Butte City. The legal contest
has been one OF extreme bitterness. and some OF
the developments unusually sensational At
first the relatives fought the right TO administer
the estate in the belief that no VIII had been MADE
Afterward document in the fem OF VIII was
produced. but it was alleged that this had been
forged Then a supposed son of Mr.. Davis and heir
10 the estate discovered in another part OF the
The interests of two widows OF the deceased man
had 10 be consdeisd and there We're many fGa
for Ions time after the death of the millionaire,
but all of whom afterward joined N the contest
over the property Colonel Robert g. IngerSoll has
been the best known of the lawyers engaged IN the
and the Western States have had share in me
DAYS. property which by the present sette5nSnJ'
Davis. instead of into 'he hands OF the lawyers
The advocates Of the plan for keeping in existence
the Miscellaneous Report of the Official Series eX-
plain through The Albany Law journal their
reasons for desiring the further publication of these
reports 1t is admitted that the reports Will be
less useful than formerly, when the new judiciary
article goes into effect. The most important OF the
opinions now contained in the miscellaneous re-
ports are those of the General Terms of the SUI
perior and Common Pleas courts of this city. Win
the abolition of those courts the huinprF oil po POI,
tant cases in which opinions 10 be reported Will
| be greatly reduced THE Albany Law journal
Continue these reports is that there should be NJ
stOppage of the publication OF The opinions hGhued
10 be published in the Official Series ina no ehc3n
agement to outside unofficial reports some OF WAN
/ of the series of Miscellaneous Reports The as
sny ueh 90 to ihs legal profession
justify the continuance of official paid reporters IN
tons. The unofficial reporters furnish an immense
are made with remarkable promptness; Whne e. an
official publication of the more important oiiloS -
and of reporting. the publication OF the
Special Term and Surroeates' opinions might wei
be left to the unofficial reporters
4 term of Imprisonment under what appeared 10
be a most cruelty Unjust sentence, pronounced In
criminal case ended recently in the pardon of a Grim
inal in Illinois Henry Steele sent TO the Joliet
Prison in 1889 for stealing pair of shoes, valued AT
60 cents He had served six years before he was
pardoned. 1t was said that he was on the verge OF
starvation when he took the articles from dealer
in second-h shoes. The English law Journals nave
%Pgn the bA County, T but the
punishments criticised We're lmprisonmeh,s toI 9aS
years term for small offence, unless clrcum-
stances of great aggrayaton existed which have NOT
American courts into disrepute
The old question as to the respective merits of
the elective or appointve systems. as applied to
the judiciary. is revived by the recent action OF
the New-Jersey Legislature in making the County
Judges elective officers. THE New-fork Law
Journal" in commenting on the New-Jersey law
seems to lean toward approving the wisdom OF the
appojntive system. Many of the older lawyers still
express regret that change was made in this
State from the appontive to the elective system.
Most practising lawyers in the state, however
favor the present method as insuring judges VINO
responsible to public sentiment sulhceh'! "
prevent arbitrary action while the length OF their
terms of office prevents subserviency to poitIcahs;
The system of appointing judges has worked vel
in the United states courts, as Wen as II
Massachusetts. Vermont and some other states
The appointments in the hignest eodrfJ bogh
in some cases noted politicians nave Deen APP
power of appointment in this State had rested with
the Governor. Isaac II. Maynard would nave Dcen
9r danger i e of poca appontment to the bench
is great that the elective system Is greatly pre-
divided that an unit nomina lion win result in the
rejection OF the candidate at the polls.
A new method of settling a dispute over the
nomination for judicial office was recently tired
in Ohio. Two Republican lawyers OF Norwaik'
Ohio. were DESTROYS OF obtaining the nomination
for judge of the Cormon Pleas district. II Doth
candidates went before the convention 1t was
feared that the nomination would 80 70 some Other
county as the delegates Of huron CouniIE W0uru
dates accordingly asked the Republican lawyers OF
the city to take secret baSs aos th faverc
"A. ~ Beate received nineteen v1'os S "sa a
votes, withdrew from the contest
The death of William F. Finlason. who was a,
the head OF the staff of law reporters for The
London Tines in the Queens Bench Division. has
called forth large number of expressions from
English lawyers Of their esteem ana regard MI
Fnlason began his legal career forty years ago
and had attained TO the honor Of Benchcr of the
Middle leNlIe ne pItlSlit' NV 'NPO'''9
cases for "'The Times" 10 the practice Of his pro
fession, and he obtained to re;1arkabed de e rec
the confidence and liking Of the Judges ana OF the
nrominent members of the bar. He was Interested
In the publication of judicial reports, ana
wrote several small volumes containing Reports
OF single cases. He edited Rec ess History OF the
English Law" In his fifty years service about
ne coir,s he had gathered hundreds OF anecdotes
Of eminent lawyers. and was full Of rsmnisGiehee
a teller of anecdotes. and his presence IN group
of lawyers was always signaled by genia laugh
ter Sir Henry James wrote TO Inc IHneSc
warm letter OF praise of Mr. Finason in behalf OF
The members OF the Bar. Among MI tlnlasons
nsrIv friends was Charles Dickens, with whom
before "Pickwck' was published, he frequently