New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-03-17
FROM BENCH AND BAR.
GATHERED IN THE COURTS AND AMONG
LAWYERS.

LAWYERS.
Judge Charles l.. Benedict. of the United States
District Cour; for the Eastern District of New
York who has usually in previous years held the
criminal branch of the United States Circuit Court
in this city. has recently presided in that court
aud Judge Addison Brown has been sitting mere:
not been in the best Of health recently. lie Is now
travelling in the South, but is assignSi to hold me
criminal branch OF the Circuit Court next montn.
Il has been reported that Judge Benedict was about
10 retire from Office He was member OF sne
was appointed by President Lincoln a. Judge OF the
United States District Court; In 1851 Governor cor,
thu Court of Appeals bench TO MI a vacancy pu'
the offer declined. and General Tracy was APP
pointed.
The Arguments in the income tax cases before
the United States Supreme Court. especially those
Of Joseph II. Choate James G. Carter and ex-Sen-
ator Edmunds, show that forensic ability and elo-
quence have not fallen into decay. Each of the
great lawyers has style of thought 50 different
from those of the others that many minds might
be affected by the reasoning Of one much more
than by the arguments of the others The venera.
bic ex-senator OF Vermont has little strength and
fire in his utterance. but convinces by the weight
ing, and Mr.. Choate Is bright. witty and eloquent
without falling in yigor and depth OF learning,
in its warning against further increasing the power
OF Congress IN Interpreting the meaning or the
Constitution. The protests against judicial legis-
lation which have frequently been uttered at meet
ings of Bar associations and in legal treatises have
fcrng with plainly expressed statutes The United
States Supreme Court has been notably conserve
tive In recent years in passing upon the tonS tn
t0naty Of important measures Congress mas p.sn
allowed TO usurp some OF ne functions oil n1y
have been allowed to remain in force on the theory
that Congress must have intended them to ee 80 -
understood as not % violate the prncipes o' M
Constitution judicial Hesitation may be an o'i
a.so a real AMI apparently a growing one.
Thu meeting OF several Of the leaders OF the Amer
can Bar IN the important hearing in the incom' TAX
cases suggests a comparison with the lega confess
os earlier generations of lawyers IN this country
The Bar Of to-day may not have the equals oil flhcN
ney. Vert. Webster and Rufus ChoAte- An article
contributed by r. c. Parsons. formerly marshal of
the Supreme Court, to d recent number OF an ONO
law journal the supreme Court of the IniteI
Bar OF thirty years ago benjamin Il. Curtis. Henry
Stanberry William NJ Eyaris. Caleb cushing, u
miah Black Edwin NJ Stanton ReNerdy Johnson
u.s. a., ,,,r ~ ie,1ers o. the supreme court
Bar senator EdmuHds belonged 10 the earlier gen
49, been mrniionci among the leaders OF th.rty
wears ago how many were more eloquent thih
Joseph II. Choaio. or Robert 6. lngersoN. or Fred
erie r. or C Whc II P PICK Gn Or more n hooushy
equipped than E.ihu Root without mentioning tne
V"rk. and the Washington lawyers who make a
speciality Of practice tn bfr Of the supreme Court
who dnt, IN thc places OF justices Ne.son AMI Mi
Ter is not greatly behind that of the last gen'rai'n
The LAWYERS OF today hay" no reason 10 b" a~nhiu"l
~ the pacc which ne bench and Ear 81 This genera
ton VIII hold in l"ga. history.
Austin Abbott. dean Of the University law School.
is one % the most original 49, vel ae one oi ite
most Intelligent students or legal problems Do 4
paper which b. prepared for ,he meeting OF 'h" So
c.ty - Medical Jurisprudence last week be- eA-
,., ~, and ,,,,.r.s,,,., Wow. A.. % ~. treat.
m.at ~ inehrety Us connected with crime ami Fu''-
tons y public order H.. advocated cI'-'r -'tlf
r,hri,f.s erl susc' s,o! fha' tn liquor traGs
eho.I b.. subi.., l., m, liclI supervision The .m-
i..rt,rc. Z 4 mon. car,f4I m,l.li examination q
subjects CONNECT v'h ",ih in' o'i.' 49, I'm ,'
H,'. ..r -, ~. ,cc,.l ~ crime Az. now r.
ot.nt.y J-.iiss.! l., ph,.'.lrs iu' there g. -..lt
much rforunt on 60 j." arl1-el. '.i. ''aa} I'D ".
aif'c'.,'nN % 80 mimi ss...,,,.. ~ -,i,.rr
som. n the porI.NHS problems Ell. Jas relating ''
Grimm 81. ti IN" .,,... . Mn.
80 ,'rc,hor+ of a.. ~, p-lfes.,ous ali bc %. al
vantage to both
m - 49, ,...-. o.. ,, - ..,..
members 81 the LEGISLATURE. seems now 20 bc d.
''sN'N ID 'a'"' "' 90 ".'s ''
tom hy lacint inc S''"hI '''i'' "'''' 30 one
I,aar'marf th, Tl.r4. Torr'h arI SIKH in ar-
"i"'E ara '"' ..'' ''''''' ''' '' OF"
Other This d..'i'n W'i-' NAV" ''' ''''ii .'''"'s
equal ln population. "ae nearly ts .rst p'. .tl
vision. s. ar g. M .mh't e.. $50, 10. 80
hos ,,,ti" p, , rroto- d.,ls.,i ta ..t.r., a..
I.fnct1:y Hr!aHEl nrut could d" mlir Joe second.
a. .iroollyH ana We. t'''ri He'r..' aa- i'a't
q w" as i". M ,,. ,. D., 49,,
IN luu1ri.ac. a, IA. Nea. FORK ,.ty D.gartil.rt
While t.c Third btpattmrt' ".I D." Ie.f'ru '."
'''' '...i '4' t. .,.'' w. s.r, t.,.,.,''l.
.llfine UrooLIry was pointed put .tt OBJ, h.Arl.g
ON 'hc D'Onn0f bill IT," tr" consul ''.1r if'-
y.Ics that appeals may l' 'ftnsf.rt'' from ore
department 20 auo hey for nearing. any apo 't'"
division AZ unable t. dti Hr OF a irr .s.- lrt'fr
g. ANY oyerHp" ~ business Tom M 10" 'oik
city Department might ID" disposed ~. Oh me
brooklyn Appellate Division. one unfortunate COM
sequence 81 the nov division IS mat lI appellate
court can poe held a. EuNalO, "ltf" many I'M
=