New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-04-10
THE COURTS.
COURT OF APPEALS DECISION.

NoTArtrs PI,BIJ, HELD TO BE PUBLIC OF
FTCERs AND FORBIDDEN TO RIDE OF PASSES.
Albany. April 9.-The Court of Appeals to-day af-
frmed. with costs the order of the lower courts IN
the OF the people against William Rathbone
appellant. The question at issue was as to whether
notaries public are public officers WITHIN the mean
ing OF the anti-pass provision Of the new State
Constitution The court holds that they are.
In It's opinion the court seems to hold that only
such officials as take an oath Of office come within
the meaning of the provision referred to-
The case came before the Court of Appeals on an
appeal against motion OF Attorney General Han
cock to remove William f. Rathbone. of this city,
from office as a notary public. The case was TO
test the provisions of the new Constitution pro
hibting public officers from riding free passes.
Mr.. EathbOne who is In the service OF the l)rla-
ware and Hudson Canal Company. had the Attor-
ney- General bring suit against him for riding on
Il pass between this city and Cohoes as soon as the
new Constitution went into effect in January. Tho
case was decided against Mr. Rathbone in the Cen
erai Term which sustained the original decision OF
Justice Herrick.
The Court of Appeals holds that notares public
come within the scope Of public officers as defined
in Chapter D. Title B. Of the Revised Statutes being
therein specifically referred 10 as public otlceiS
The does not think there is any probability
OF the action of notary being governed 10y me ac-
ccpiancc Of a pass. Nevertheless, the facts are
plain that he is a public officer within the pro-
hihtion of the now Constitution. The court is of
the opinion that is absurd to class notlfios public
as public officers. But the fact remains that they
come under the definition of public officers.
Tho Curt also affirmed n" Judgment ana order
OF conviction Of tine lower courts In the nis" OF the
people respondents against Charles H. Wilson. ap-
peilnt. This was appeal from Judgment OF
the Court Of oyer and Terminer of onondaga
County. and from order denying motion Tor a
trial conviction Of the appellant OF murder
in the first degree and sentencing. him to Death.
toll, ht lrtf Har
.Npp'"'n' WAS J''"eS ','','' "''a 5,.o1 -,
killing James Harvey. a detective in the city Of
Syracuse on July 81. ls93
Inc court "'r"'' inc J'''r,''". y, Wv ,l'',,,
c'"'t IN inc case o' 'o"" ','' ,',,. ra,ro,
','!'''''"'' "7''' 49,, 49,, -,
''l'., .l '''' 1nn.r, Term Of the CIV Court Of
r~.,l,,,, .cr,,.,, a iil,rnolt for Sl3cr damages
AMI costs. Action VAS Drought 10 i'''N'' F"'''
damages for injuries received by piIintHs SIX
v.r-oI daughter ON February II. lS1}. by being run
'.,..- -, ,,o - ,r.. ,lcfonIanr.s ,ronoy-c4rs
Tho cour, has affirmed th" Judgment OF the lower
courts In the case OF Anthony Tmony, as admins
,r,,,r ,r,i,s, the Erooklyn city and Ncwtown
Railroad COMPANY. appellant Inns wa an nrteA'
'." .c.-,,'.. t,rm,n, In favor ~ me plain,ir
f" '''ih'"+ - ''.'',' .'' %. go, -. 49,, COSTS
arans the defendant for Nil' damages anu Gusts
.,'.cr.I u,ou ta, v.rl,c. Of a jury.
r.,,. r,',r. ,Is, handed down these decisions:
''' -. ,...,I'. l., phi. ,rl o,h,rs
Charlie NJ TITUS Az. htIt,S F. l''Y, ".' "'',,
cfr appellants Jan" j. Whccsr. t!li'.,t4'. ~ N.
etc. ast Nttcrfo~u street Runway to"I"Iy' "I
r,,l4uf Porter VI French receiver, re: APR, iSn,'
Ar'. Err, Il Andrews. FoopI" 'gt. Hrn'on luiH.r'
appellant; Ami" DUKE ini.ut 20; aLp',tIn,. ~.
tcI..uts.. a,t Mayor ETC.. of Now-Nork. Charles
Jones. arp'1nt aEt 0rn ;. iL,"n .or''N,mS ~ ~
Il Martin appellant NJ W5tce p1r Tcp 1ra a,l,
Frank O. chlmnerl'in an another a4mipis:T''2rs
r.' 'Ip''th cry ' y i,
'Aihatinc Fhrmin anu '"''u''' N..u''' -