New-York tribune., 1895-02-10


,ho mos, irnortant OF the opinions thus far writ
,o, hv Judge Beekman, OF the Superior Court, is
interesting as showing the literary ability WIN"
marks his writing and also because II SHOWS us
position TO override technlcalities wheh that i PoS
slble The case OF the Soldiers orphans honie III
St Louis against Russell Sage, George j. Hou'd anu
the Gould estate involves a large amount OF money
but the legal interest OF the case In the pnase no"
before the courts arises failure by the PLAIN
tn to name George J. Gould as trustee ihs'eau vi
dltrdually among the defendants reierreu " :"
tho summons Judge Beekman held that as 'le
relation in which the defendant was sued was SUI
acIentIy shown in the complaint, failure 10
make the proper Characterization OF the deiahdah'
in the summons was not important. Judge neeA-
man IN overr7Ing the demurrer used this language
In reference TO technical objections: Inc poihi
which is thus raised Is highly tecnncai Se,n one, n
more recognition than the strict letter 3 tne 1aW ~
may may IpSI,i,ra he summons existed forms.
one for use where the cause OF acton wds aoI
money demand on contract and the other whers
derent relief was sought. but the present code mas
aholla shed these distinctions ana sihsle loi III ~.
summons only is permissible more IN harmony W,.a VIZ.
ia trio functions simply bringing the party INTO
court" As 'T'he Law Journal points OUT irfesu-
larities In designating the quality IN whcn deleiu i
mis- are suei are common and not always easll!
avoidabic The opinion Of Judge Beekman is sr,d oi
special value showing ms DISPOSITION u o'V'''''
unmportani technical objections.
.rev clients" said busy lawyer last week ap-
preciate the value OF services rendered III prevent
in ,nrovinr litigation I often receive visits from
persons who have complaints to make against d
CORPORATION for which am counsel. In many cases
! succced in settling the matter by convincing the
persons who think they have been injured 'ii'
they have no real basis for their compidii'ts' let
| do not feel able to make large charges LOT su'h
services" Some OF the large railroad anu express
con,nanies do however employ counsel with special
reference to their ability to compro,mnse from
for damages are avoided by securing reledses ilo'
injured persons. The manners; voice ana appear
ancn ~ some lawyers especially iii them ior per
suading persons to accept small sums in settlement
and some Of the most succesSlui cuuiistl cthposeu
bv CORPORATIONS have just those attributes
Tho arouments against the constitutionality OF the
income tax are regarded among lawyers as almost
homeless The injustice, and not the uncohsu'u-
tionality of the tax has caused the opposition TO
it. Most OF the legal questions raised nave Dceh
n,ssed upon bv the Supreme Court in previous
years The opinion Of Judge fagner, OF the 'u-
prome Court OF the District OF columbia wheh mas
been printed in full. for the benefit of New-fork
LAWYERS presents clearly the difficulties which the
lawyers opposing the tax nave 10 oS,r.ohe s !, ~
rxpect to convince the United states supreme
fonndeI on the form Of the circular sent to the
collectors OF the tax may be more enectNe, III
tionality of the statute Lawyers however while
presenting ali the arguments in their power against
the law to have little hope that their contests
in the courts will be successful
Irving Browne continues In the February num-
her OF The Green Bag his sketch of Charles
O'Conor Some old grudge or some constitutional
defect must render it impossible for Mr.. Browne
fully to appreciate the subject OF the sketch. He
refers more than 10 the ability OF Mr. O'Conor
but he only treats extensively OF those phases OF
Mr. O'Conor's career which the least credtable
Much attention Is given to his anti-savery record
and the pecuarties of his character, which made
closes by repubshing some SHY verses ,riticsin
Mr. O'Conor for arrogance and concelt. a. Oakey
Hall contributes TO The Green Bag another OF
the sketches OF well-known New lawyers
whom he has known. Samuel j. Tilden. as a law
yer furnishes the subject OF his article. Most OF
the writer's VINO have discussed Mr.. Tlldens ehar-
acter and achievements have dwelt entirely on ms
skill as a politician and his public service MI
Hall discusses of the most important cases
In which Mr. Tilden took part and SHOWS that MS
skill and ability OF the greatest service 10 MS
clients In many controversies In the courts