New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-11-24

tho christmas HOLIDAYS The latest number the
calendar reached for argument when the Court last
adjourned shows that the Court Is sun ABOUT two
years behind it's work on the general calendar
There has been little no gain recently, and con-
siderable loss over the condition OF affairs when the
second division OF the Court OF Appeals went out
OF existence There will probably be a still further
ae bTs oed has in Existence
It VIII then he possible to learn me rsvser
OF facilitating the progress OF law suits through the
New-Iork courts
The General Term of the Court OF Common Pleas
heard some arguments last week and the Supreme
Court General Term took a recess for the prepare
ton OF opinions in the large number OF cases already
submitted TO that Court. The General Term judges
will probably find their time fully occupied In writ
TO finish their duties before the new Appellate
Division takes the place of the several existing Cen
eral Terms.
The Supreme Court OF Ohio is the latest tribunal
to hold that murderer OF a parent may receive.
under the laws of descent the property OF the one
whom he has killed. The Court holds that the stat
of descent provides clearly that the lands OF a
person who dies nestate shall pass TO his children.
and the Courts cannot, on consideration or policy
interpret the law to exclude from inheritance
one who murders the person from whom the prop
erty descends. The Supreme Courts of Pennsylvania
and Illinois have recently passed upon the same
question. The Supreme Court OF Pennsylvania took
the same view. which later adopted by the Ohio
Court. In the Illinois the person who did the
killing insane and II was held that under such
circumstances the benefits OF life insurance policy
might go TO the who did the killing although
II the person were sane the act would have been
murder. The Illinois case is inconclusive. but the
Pennsylvania and ohio decisions are directly op-
posed to that Of the New-York Court Of Appeals
The Nebraska and North Carolina Courts have also
rendered decisions contrary to that of the New
York Court of Appeals. so that this state stands
practically alone in the construction which has been
adopted The reasoning OF the majority OF judges IN
the New-York case Of Riggs against Palmer IL, now
ever. In accordance with the opinions or some text
writer's and with the sentiment OF abstract justice
That young man should murder his father or
mother and thus obtain possession OF property ana
the transfer be upheld by courts Of justice. is
posed to all principles Of right person VINO robbed
his father without killing MIN would obtain no legal
property in the money which he obtained. and the
fact that he killed his father to obtain possession
OF 1t would 10 strengthen his right to re-
tain it, The Legislature did not make provision FOR
such contingency, but the New-York court prac-
Legislature could not have intended TO make the
general rule apply 10 such an exceptional case:
judicial legisat. is not generally popular but
in this class declaration that the law cannot en-
force murderers right TO his victims property
has the support Of popular sentiment and OF much
sound reasoning.
The question. What is a book" has been before
the Pennsylvania courts in case which has just
been decided by the Orphans Court OF Philadelphia.
Or. William II. Webb. the legatce under the VIII
OF Dr. Beechcr mad the right ITO select such books
as he desired This provision was I'm clause Of
the will relating the disposition Of the library OF
Or. Beecher Dr. Webb chose from the library
manuscript copy OF a work which formerly
rare The book had been written out by DR.. Beecher
and bound. The parents OF the deceased man held
that the volume not book belonging to the
library The auditing judge declared tAat the
manuscript more book than the album
containing family photographs or the visiting list,
in which he kept the names Of his patients. or the
bound volumes of letterpress copies Of his papers
He also held that book" popularity known was
almost universally the volume which had not only
been printed but published He likened the manu-
script to original work watch had been written
out with a view to securing copyright but which
could not lay claim such a work. Judge Ashman
has now decided that the opinion OF the auditing
Judge was incorrect, and that as the copy was in
the possession Of the deceased mai and presumably
in his library. i might Be numbered among the
works from which the leGatee had the right to
make a selection. The arguments in the ease
careful research to the meaning OF the WORT
book" II was shown that in the Bible and other
and this had an effect on the decision although as
the auditing judge said, the will not written
Christian era. and its descriptive terms must re-
ceive the meaning which is in effect to-day
The conviction in the OF Jabez Balfour in
England was quickly accomplished considering the
length Of time which 1t took to obtain possession OF
the person OF one of the most notorious swindlers
Of the age. The excitement caused by the dlscov
cry OF Balfour's dishonesty Widespread in Eng
land, he had succeeded IN interesting In his wild
schemes thousands of reputable men and women,
of whom had invested everything in the COM
panes Of which he the head \ conviction was
obtained in only one case, but several others are
awaiting trial, and If they also are brought to the
same close az the first Balfour will have a
long term of imprisonment before him. His vigor
Gus efforts 10 prevent his eXtradtiOn from South
America were evidently warranted by mis- knowledge
OF the strong feeling against him in England and
the overwhelming evidence of his guilt. His pro-
LESSONS OF plety and his appeal on moral grounds
TO the confidence Of the subscribers OF his com
panes Mere almost unique In financial history, and
men VINO would nave been unwilling TO risk their
money IN original schemes were misled by his APP
parenty high character into disastrous speculation.
THE New-York Law Journal" comments upon
the apparent change in the opinions OF the Court
of Appeals judges to methods OF learning the
amount OF damages In the elevated railroad ana
similar cases The latest indication OF a change in
opinion surprising. The Court of Appeals
has in the elevated railroad cases shown some
what peculiar variability. In several OF the cases
the strctest rules have been enforced against the
railway companies. and then the Court has modi-
fed, distinguished or altered its opinion to
take away much OF the strength OF its original
position. The later opinions Of the Courts have been
much favorable the railway companies The
for complaint by property owners were among
those earliest decided and some OF the later cases
have had no foundation in the real cause Of COM
plant by the property-holder. II the rules laid
down IN the earlier cases closely adhered to-
judgments might be recovered In other later cases
where real loss had been incurred. 1t may be
that the knowledge OF this fact has led the Court
10 modify It's original decisions The uncertainty
a" II how the Court viii decide as 10 any particu-
lar state Of facts has justified the action % the
railway Officials In carrying all their most import
ant cases to The Court OF Appeals litisants
against the company can find comfort IN the
later ruling OF the Court. and it is probable that
actions against the company will soon be leas
numerous and the trial courts will b. able devote
more time to ordinary business disputes vii aout
the necessity Of devOtng weeks at time o the
consideration OF this class OF cases
II is perhaps misfortune that society exists
In this country equivalent to the Barristers Bcnev-
olcnt Association. which has just held ito annual
meeting in London. The association has nearly 500
members. and the receipts last year were over
lj,0O Lawyers who. through age or sickness. have