New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-06-09
FROM BENCH AND BAR.

FROM BENCH AND BAR
GATHERED AMONG THE LAWYERS AND IN
THE COURTS.
Tho United States supreme Court has made some
progress toward clearing of It's heavy CALENDARS
bh the statistics OF the court year when mas JUST
closed were not as favorable as many lawyers hah
,xpcctcd Several years must oapsc AT the present
rat, of dispaiching the business OF the court ne
fore appeals be heard promptly. IN" hatura
Increase Of litigation will interfere to some extent
with the quicker hearing of cases but on the o'h'r
hand the effect OF the Evarts law I'm limiting APP
meals o the supreme Court Will be- 4 hcpluI la't"I
The income tax cases have occupied an u."suaI
amount time. and the Justices nave Mr,,rh io,,s
opinions on some novel points OF criminal law;
Ierhaps with fewer cases OF great til'nCuily, anu
the writing of shorter opinions the Court nay -,
ahla to approach more nearly TO the Contltloh "l
some Of the lower Federal courts. which DISPOSE ~
each term of all the cases taken before them.
The season of closing the regular session oi the
law schools brings many young law students before
the examiners to determine their fitness FOR degrees
and finally for admission to the bar. Inc Ia" eA-
animation prescribed by the University oil the o'ae
Of New-York was severe one OF course " l.
possible for young men who have just pecn 'n'ouS'
a course OF study to answer questions to when
an old n~act,sng lawyer would find 1t impossible
10 reply. How many old practitioners could tell
the meanings Of tenure by free and common SOC
age" or by "vlcin socage." or could give the gen
eral scope and efec, of the Statute OF 'ses OF the
time of King Henry VIII. or could explain inc
meaning of the words "Avowry" or "lmparlance
1r,o tho ouestions which dealt with the practical
du,ies Of the profession were not easy, as even
LAWYERS of much practice unless they make a
speciality OF the subject would Hake ms,dh N -
asked to draw Offhand complaint III an dVt'un -,
replcvin and 10 state the proceedings necessary !"
carrying on such an action TO completion. NJ NJ
swcrs required. however oi oiliy par vi ny Wy
questions from any one applicant ana the eNai''
the law students The number OF men VINO m,,' at
TO present themselves again for examination is III
some Of the schools muon ialso .'' bar has been
the standard OF admission 10 r 5e nn, ana If thn
raised through the acton OF iie h's.i,s n' u INC
examiners appointed by the Court OF Appeal
Tho law echools Of the city. some OF which have
already held their closing exercises for the year are
I'm prosperous condition. The New-Nork Law
school has as usual large classes IN all depart
ments The union Of the Metropolitan La" Schooi
with the school attached TO the University OF the
CIV Of New-York will strengthen both institutions
The University Law School under the able dircc-
tion of Dean Austin Abbot. has become more use
full than ever in training yodng men To a thorough
knowledge of law II the same careful study Is re-
quired the evening law school nat 1ran ,.d o,
many Young men engaged in other occupations VINO
ar ambitious to TT themselves FOR admission 10 tn
of the school is entitled TO much credit Tor SUI
cessfully carrying out thus far the plan "hch ~
OF holding sessions of Il law school IN the evening
The action Of United States Judge Con in restrain
ing by Injunction the prosecution OF criminal
charge against II. G. Wad!ey. IN the virginia
courts has not passed without criticism. ana James
A. Walker. Of Wytheville. contributes to the June
number Of The Virginia Law Register a strong
argument against the proprey OF The act. Inc
proceeding is certainly novel one. one or two
instances have been quoted from English reports.
but an analysis Of them shows that they are not
precisev parallel to the Wadey case. The Fedora!
courts have always asserted supreme authority
over matters which have been under consideration
before them as against the power Of som" OF the
local courts In the Wadley case the Federal court
had acquired jurisdiction Of the affairs 81 the
Wyihrvillc Insurance and Banking Company. ana
q receiver had been appointed. \ criminal proceed
ing was begun agains, Mr.. Wadley the president Of
the company for fraud against the creditors. II
was the prosecution OF this charge which was en-
Joined by Judge Cioff. Cases not nfrcqucnuN arise
IN which receivers have been appointed by the
have followed IN the Stat" courts AKA ii9t OH rs
OF the corp oration. Sometimes The "ih'ers nave
icon convicted and no Objection has been made hy
thc United States authorities There Wrr" I'ciilar
by the United State supreme Court
finally 10 settle the question as q" whether Judge
Con- has exceeded his power IN granting tn IN
Junction
The Supreme Court Of Illinois has recently rem
GereI interesting t''lSlOh IL ~ ''i' 'i'HtF 81
an express company for mistake in delivering a
package to the person who is not entitled 10 IT,
a man named Siubbcnold was engaged IN buyhs
cattle for Chicago firm and frequently sent l'i
remittanccs Of money. AT one time be- appeared Al
a small town IN Kansas late at night. IhcI" VAS
Oh the same train another man VINO also got OF Al
the same town and went 10 another hoic! liner"
was some evidence that Stubbehcld and the other
man were known to each other. but that fact was
not established. The stranger after daS spent
in the town clcgrapncd in the name Of Siuhnlei"li
for a remittance Of Sf,rD 10y express He also A.
surned the name Of Stubhlehcld at the hotel wncre
he was STAYING and transacted other business ~
II his name had really been Stuhble;elI When
the money arrived at the express Oihcc. he called
for IT, and the agent asked him his name ana me
initials. and then required further ideniihcation
The stranger showed The kilograms which ne hai
received from the Chicago firm In reference to the
sending of the money. and an account Of sales said
to have been made account Of the same nrin
He also called the landlord to IDENTIFY him. and
IN answer the questions Of the agent toii MIN
exactly the amount Of money contained in the pack
age and the name and address Of the sender. iiav
ing thus. he thought. established the IDENTIFY OF
the person who called for the package. the agent
SURRENDERED 1t. /, aftcrward asccrtainod that
the real Stubhlcioll although in town all OF the
time. not the person who had received the
money, and The mpostOr disappeared In most
cases express COMPANIES are held to the very strict
est accountability for errors in delivery OF pack
ages. The Supreme Court in this case held mat
the agent had exercised all necessary care In en-
deivOr!ng to learn the Identity Of the receiver .!
the money. The Chicago firm had intended TO send
1t to the person VINO mad made the demand on them.
believing that that person was their agent. stub
blcheld There was no evidence that the name was
assumed one. and the express mt mad taken
every precauiion in trying 10 find out whether he
the person for whom the money was intended.
The English judges have been considering the
question Of Court Of Criminal Appeal. They have
criticised the bin recently introduced In Parliamen;
providing for appeals in many criminal cases. II
Is a curious fact that every one Of the judges OF
the higher English courts opposed the proposition
that new trials should ever be granted in criminal
cases. All that they willing to approve
court which could revise sentences imposed upon
criminals. or could perhaps make any disposition
OF the defendant which seemed proper without
forTlng the matter again 10 a trial jury. Sir Henry
james who has the matter in hand does not