New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-11-10
BENCH AND BAR.
GATHERED AMONG LAWYERS AND IN THE
COURTS.

COURTS.
The result OF the elections. which particularly con-
cerned LAWYERS as members OF their profession. was
the choice OF many judicial officers Judge Celora
E. Martin who will take his place on the bench OF
the Court OF Appeals In January has had SO ex-
tensiye judicial experience that his qualifcations
for the position we'll known, even In those parts
Of the State not included In the department where
he has presided at the General Term. Many OF
those who were elected have had judicial expert
ence in other courts Justice Irving G. Vann, In the
WITH District is reelected. Judge Truax was Tor
fourteen years on the Superior Court Bench and
ex-Recorder Smyth for fifteen years on the criminal
bench Judges Wmot F. Smith and Chester H.
Mclaughlin were County Judges. Judge +. w.
Hatch Is member OF the Superior Court OF Buff
falo and others have had experience on the bencn:
an excellent appellate division and the high charac-
ter of the Supreme Court FOR ABILITY ana .ntesT t
new Judges in the lower courts are not numerous.
and some OF those elected have already had ex-
perlence as Judges
Tn. new ballot law though It gives additional
power 10 the Supreme Court Judges In controlling
election officers has not thus far been productive
~ much litigation except to the right OF the
State Democracy prominent place on the bal
10, IN this city Few applications for wrts OF man.
damus were made TO the Judges who sat on Elec-
,on Day The law seems complicated because 1t
enters into great detail. but It has proved to be
easily construed and little uncertainty exists as
to most Of It's provisions Several cases were taken
before the police court charges OF Illegal regis
tration or voting. but in most cases the errors seem
to have been unintentionaL some method might De
evised to investigate such cases before arrests are
made as innocent persons frequently suffer hard
misunderstanding of statements made at the time
OF registration Apart from these emma nm pro pro
aedings there was little Indication that the courts
Vii be called upon frequently to exercise their
powers in the new law
Of iptpr
Terms Of the Supreme and Common Pleas Courts
last week a peculiar question In the first case
heard arises over the will of Robert Ray Ham
uton by which gift Of $4,000 was made to the
CITY of New-York for the building OF an ornamental
fountain An inheritance tax OF 500 was assessed
ON this bequest but an appeal was taken from the
surrogates decision. In general. the property of
the CITY Is not liable to taxation because there is
no reason for the payment Of money by the city
to itself The Courts, however decided that the IN
hcritance tax is not tax on the property whlcn
rasses but the right OF SUCCESSION ana uhder
these decisions the Surrogate believed that the
amount Of the tax should be deducted. suit which
arose ont OF the death Of a man who was kicked by
horse on the stage Of the American Theatre was
before the General Term of the Court OF Common
Pleas The main controversy was ms TO whether
the death was caused by the blow or by the use OF
liquor by the injured man. who lived for several
months after the accident case which mas
beer four times tried was again heard on appea.
II is not surprising that the counsel for the plain
tiff should have suggested that after three jures
i'm eensrate trials had granted his client verdict
for substantially the same amount the court should
not exercise too close supervision of the action OF
the Jury The ejectmcnt suit which has been
twice tried to recover possession OF DOCK OF
Northumberland hfty-sixth SITS which was for
mery under water in the Harlem nyer' was agan IN
a complicated one, and reference to the old char
ters will be necessary TO decide as to the owner
ship OF the land
The Court OF Appeals held no sessions last week
an adjournment having been taken to November %
The Court just before adjournment decided only
few cases none Of which were OF great interest
4 minute was adopted on the death Of Theodore
Miller who was al time Judge OF the court
and whose service as an Appellate Judge Is recalled
unai years ago Several cases of Importance have
been argued and decisions Will probably be handed
down in those cases on the reassembing or the
Court
The Ohio Supreme Court has recently rebuked
favorite method adopted by Legislatures of evading
the Constitutional provision requiring the enact
ment OF genera laws relating to cities The Legis-
latures OF many States. including that Of New-York
frequently enact laws relating to cities having a
population of over a certain number and less than
a certain other number, and this ls taken as gen
eral law although there may be only one city hav-
ing a number OF inhabitants between those desg-
mated in the law. The Ohio Legislature passed an
act providing for the redisricng of every city Of
the fourth grade of the second class which had at
the last Federal census a population less than
$50 and not greater than $500 or which any
subsequent Federal census may have population
~ moi loss than go and not greater than $3.50"
This was making finer distinction than in the laws
usually adopted The Supreme Court disposes OF this
attempt to pass special law under false guse
in a short opinion containing this sentence: We
discover why cities OF the fourth grade OF
the second-class because at the last Federal census
they had a population Of not less than $3.50 and not
greater than $3.50 should require exclusive legislation
and the classification of such cities in themselves
has 10 IL n
tive uncertain and illusory. TO relieve the act from
the Constitutional nhrmity OF not beihg uniform In
its operation throughout the State, but local and
special in It's character
The Supreme Court OF Illinois has recently de-
cared unconstitutional the law requiring the city OF
Chicago to pay to the Washingtonian Home 10 per
cent OF all moneys received from licenses TO sell
spirItuous liquors. The home organized 70 care
for persons who were committed for msdemeanors
caused by intoxication or for drunkenness. over
eighteen thousand nebrates have. It is said, been
cared for in the institution The home has received
10 per cent of the excise money Tor many years
and until a year ana hali ago; when the CITY
Treasurer refused to make any further payment.
The Supreme Court holds that the Constitution OF
1870 provides that no municipal corporation shaii
make gifts to any private corporation The Wash
ingtonian Home, 1t held Is private corporation
The home sought obtain the money also on tho
ground that the city had paid the money each
year for many years and had received benefits in
return Il could urge the unconstitutiOnality
OF the law. The Supreme Court overruled this OBJ
lection.
The eminent English lawyer. Sir Edward Clarke,
placed in unpleasant situation recently.
There has been a discussion between barrsters and
solicitors as to whether counsel performed their
duties properly. The president OF the Law Society.
in his annual address. said that barrlsers frequently
retained fees which had been paid them. although
they were not in court when the called,
and did present the argument for which they
had been paid. Sir Edward Clarke. formerly So
lcitor-Genera and OF the most eminent OF
English lawyers, in a public address. alluded to
- arl a.ht lllst IIn IL