New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-11-03
BENCH AND BAR.
GATHERED AMONG LAWYERS AND IN
THE COURTS.

The COORlo'
The removal of the sheriff's office from the Court
House. which has been long desired by other officials
having accommodate limited for the transac-
ton OF business. may take place within few days
The surrogate's Office has especial need OF addi-
tional room, and this will be obtained as soon as
the Sheriff moves to the old brownstone building
so long occupied by the Court OF General Sessions
Surrogate Fitzgerald has been especially earnest In
his efforts additional room. which Is
absolutely required for the transaction Of the bust
ness of the court. A courtroom for the trial term
will be fitted up the ground floor. and there Will
be private rooms for the judges In the west wing
OF the building Additional room will be given to
the probate division. which is now In cramped
quarters. and to other departments OF the clerk
Office The small but not not, m sonrt
by the judges sitting n Chambers. The whole or
the courthouse WILL after the change y made, De
occupied by the courts the County Clerk In ad-
diton to his other duties. is clerk OF the supreme
Court. and so part Of the court system When
other required II may be necessary TO trans
fer some OF the branches of the County Clerk s
work to another building. as in no other way can
any extension of accommodations be secured by the
courts
The sensational trials OF the last week or two have
shown the truth OF the old MAXIM which declares
that who tries his own case has fool Tor a
client DR.. Bradford an able and shrewd GRIM
inal but he did not succeed in impressing the jury
which tried him on the charge OF counterfeiting.
first two days OF his trial In Philadelphia did not
favorably impress the spectators, and probably az
fected unfavorably the Jury which WI decide MS
has long been known as a relentless prosecutor
but his aggressive and convincing methods have
present trial The facts shown are such as to en-
tack in the trial Of the case and MIR. Graham has
not neglected the opportunity.
The result OF the litigation over the right Of the
tat a
blanket ballot not unexpected by many law
yers who had carefully examined the statute. The
method Of nominating State tickets seemed to be
set forth with sufficient clearness. The Court
acted with unusual promptness in deciding the case
so that the required change could be made in
tine for the printing OF the ballots. This pro-
ceedinr OF the first taken under the new
law which gives wide powers to the Supreme
Court In election matters. The Supreme Court has
the right. on the complaint OF any citizen. TO re-
view the determination OF officials under important
sections OF the law and to make any order that
Justice NAV require. Many election contests which
otherwise would be taken to the Senate or the
Assembly may be averted by the wider powers re-
Gently given TO the Supreme Court Justices. The
confidence of the people in the integrity and fair-
ness of the Justices makes the law popular one
which allows disputed questions In election mat
tiers to he settled by Judges rather than by men,
bers OF political bodies.
Eliot Norton writing in THE New-York Law
Journal" suggests that when the new Justices OF
the Supreme Court take office, the courts should be
so organized that certain classes OF cases should
always be tried by certain Judges. The Judge, 1t
Is argued may thus become thoroughly familiar
with one branch of the law. and rapidty and cor
rectn,ss might be secured in the disposition or
cases Mr. Norton refers TO the English custom
Of appointing Judges TO the High Court OF justice
who were distinguished specialists. and thus giving
them the kind OF work which they have been fanl-
lar with in their practice. One practical diiculy
In carrying such plan would be that there
are fewer specialists among the lawyers Of this
country than in England. There are, OF course,
admiralty lawyers patent lawyers. criminal law
vers real estate lawyers and some specialists In
other branches. The admiralty and patent lawyers
have however. special tribunal in the United
States courts the criminal lawyers have Gepa-
rate set Of courts and the real estate lawyers do OF
frequently appear in any court The Surrog,te's
Court furnishes to some extent field for special
lists although there are fen law firms when 90
not have cases In the Probate Courts ana there Is
not a law firm in the city exclusively devoted to
probate practice. The abolition of the DISTINCTION
between the legal and equitable actions makes !,
difficult 10 designate judges 10 try one class OF
cases. and there is no chaneery bar such as ex-
sts IN bnds 10 Few swvers and some Judges
have grown especially expert in their trlal; out
there are few other kinds OF cases which could De
easily separated and assigned 10 special Judges
1.-THE New-York Law Journal comments upon a
recent decision OF Surrogate Fitzgerald. dsapprov-
ing of investments OF trust funds in mortgage
participation certificates" The plan on which these
certificates issued Is an ingenious one ana the
safety OF the investment is not questioned. The
property investments open 10 a trustee are limited
and there is sometimes difficulty in finding safe
and at the same time profitable methods OF In
vesting trust funds The opinion OF Surrogate FIJI
gerald points out however. with great clearness
that the real protection of the holder OF the ceri
cate may under certain circumstances rest only
on the good faith and financial ability of the COM
pany Issuing the certificates. investments OF tlal
kind even when secured under ordinary cl reum-
the class to which the Legislature INTENDED 10 COLI
fine trustees.
The Court OF Appeals decisions OF the week in
Guided some rendered in cases of much legal In
,eres, In the case of Sanford against the Com
merciol Travellers Mutual Accident Association or
America the opinion OF Justice Celora F.. Martin.
tho Republican candidate for Judge OF the Court
Of Appeals IL sustained. Insurance ASSOCIATIONS, as
we'll as other corporations, are somewhat atraiu %
the result Of jury trials. in which they may DE en-
oa,ed and the Commercial Travellers Associa-
tion inserted In its policy on certificate or mem
hs-shin a stipulation. that any action under the
nolicy should be sent for trial 10 referee 10 De
amounted by the Court. Actions on insurance pom
cIes are not within the class OF cases IN Whcn
co,onulsorv reference can be made under the New
York statutes The General Term OF the Supfeme
court held that the stipulation was void, as 1t at
tempted to take away some of the jurisdiction OF
-
The courts The Court Of Appeals has anirmed the
Judgment OF the General Term. Another OF inc
Court Of Appeals cases was that OF Michaei aooihy
against the Delaware Lackawanns and western
Railroad Company, in which verdict OF $0oo az
damages for malicious prosecution was sustained
Michael Toomey and his son were arrested under
the New-Jersey statutes. because conductor
thought they were endeavoring TO steal rue
~, thov wore discharged The son first brought a
,u,t and obtained six cents damages and the Cen
eral Term OF the Superior Court Upheld that ver-
diet, The suit OF the father against the railroad
connanv on the same state OF facts was then tried
and 80 Verdict Of 500 obtained. The General Term
Of the Superior Court also affirmed TINS judgment mt
holding that In both the matter was one ioI
a ilrv to decide and that larger verdict IN me
case OF the elderly man might be Ieasohapple An II,
other Of the Court OF Appeals decisions VIII De OF
interest to many LAWYERS who have cases penIln
arising out of fatal injuries caused by negligence
The limit of SOOD for loss OF life was taken away
by the Constitution and the General Terms OF w
Common pleas and Supreme Courts nave direred
az TO whether the abolition OF the Old RUE w9n h.
anfect cases begun before II went into erect ne
Caurt ~ Annals has sustained the action OF the