New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-03-24
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND IN 'hh
COURTS.


,o.1s decided last week several
accident cases in which the facts VIZ ~
-, -. ,ho lovver courts hesitated as 10 thelr
si.. Tho Court Of Appeals afhrneh some Oh
,ba judgments and reversed others. -ti"o"s ''o
most interesting decisions was o"o '"s 80"
disnositon of 10000 acres OF lahu a' HAS'''"i"'o'.
Nontauk and other places al the 'dS.eIh emu vi
Long Island. The properly ,o' my ,1H =,
Ar,brr w BENSON OF Brooklyn ana ne iell II "
1'tpa, with provision that the Missionary
Gocieiv Of the protestant Episcopal huTon was ~ 70
receive the lSnf GGescend9t children desired
10 sell the land TO AuSn ne o tt was questioned
The court Of Appeals decided that the children VI
NJ Renson may give good title 10 the property
-,.,.o,.r NAV be the outcome of the libel pro-
oos,,gs against Charles A. Dana. it is certain
that his rights will be amply protected IN the court
,roceedings There has seldom been greater IN
cenuity persistence and skill exhibited in prelm-
mary investigation than shown by Elihu Root IN
the proceedings before Commissioner Shields EVERY
conceivable legal point of value was raised amp-
fed and set forth in the most sknui inahiitI. ~
that when the matter Is taken before On. ~ 49,.
Judge every legal question may be presented III tii'
most favorable light The analogy OF clV cases Is
somewhat against the position taken r o Numerous
or decisive enough to prevent judge from tah,ii
a view which abstract justice and fair dealing would
point out.
Tho effect Of public sentiment even IN oodi7S 50
decisions of the Court of Appeals in election cast
4 case which has excited little notice because 'he
issue was unimpOrtant shows clearly 'he ''
which has been effected since the hoteu u .,.
which made the State Senate OF lS--l@o Den $50,
instead Of Republican OF the election cases Vi i
the Duchess County case Peopie eN-ieL D''
Iice, excted the most public attention because "e
action of the State Board of Canvassers III uS'e
sarding the decision in that case ied 10 le Proo'eN
nes in which the members Of the Doard were pun
isbed for contempt. The Onondaga case ueopie eA-
no, Nichols vs. Board of CanvasserS) was how
ever the most interesting to lawyers because the
construction Of the ballot law in that case was re-
garded likely 10 affect the result OF many sue
ceeding cases in which the votes OF cL rs l'Sh.
he qneSuo9ed lor laui5S 6rr q voters Of Onon
daga County dsfranchised by the decision OF
the Court of Appeals because the county cerk care
lessly sent the wrong official RepuDican ballots TO
some of the polling places: The minority OF the
court. Including Judge Peckham, of the Democratic
intention of the voters was more important than
strict compliance with the requirements OF the bal
Democratic members of the court.
The election case recently decided by the Court
OF Appeals people ex rel. Goring VS.. President of
the VILLAGE from the failure of village
clerk TO place on the official ballot the office of
Justice of the Peace as one of those to be filled
10y election. Some of the voters wrote the
ballots the designation of that office and the name
of a candidate The ballots objected 10 be-
cause the ballot law provides only for the writing
OF names OF candidates for Offices designated on the
official ballot. In both this and the Onondaga
County case of 1891, the neglect of official
worked injury to individuals. but the tment OF
the by the majority of the court was very
different. Judge Gray. who wrote one OF the
majority opinions in the Onondaga County case
there said: 1T may be. and l assume ii to be.
hardship that the result should operate to render
null many votes, and to alter what may have
bee N pX
it would be evil in comparison with which the
hardship complained of is as nothing if law
which the people OF this state through their Legis
adopted, should be construed to render
9 MP 70 sTs as a
ton in order to remedy an apparent hardship ana
rely upon strict compliance with the terms Of
To- its reaurements. - In the recent Goring case
noM he the nui
SAYS that the ballot laws ARE to be construed in
sessing the necessary qualifications the right freely
TO cast their ballots for Offices to be filled by cleo
cast in compliance with the law. received and
fairly counted Legislator, which fails in such
secured by the constitution IS invalid" This
reads more Ike the vigorous language of the dis
senting opinions Of Judges Andrews and Peckham
in the Onondafa County case denouncing tech
pressed will of the voters than Ike the arguments
OF the majority opinions in that case.
Massachusetts and Pennsylvania among the great
States Of the Union are still without associations
Of lawyers such exist in New-York. Illinois AMI
most of the other States The failure 10 form such
association in Massachusetts is especially strange
the distances between different parts of the State
not sufficiently great 70 make it difficult for
lawyers to hold ono more meetings year Bos
ton has had the benefit Of meeting OF the Amer
lean Bar Association in recent years, and great in
terest was expressed by members OF the local bar
IN fha york Of fharh Odv he ion has hpau
made that the officers OF the American Bar Asso-
citation representing each State should take the lead
in forming State Bar associations. While such
cations are not always as useful as they might be
II they received support from their members
yet their influence the profession has always been
Tag ana in many cases important reforms
sentative bodies Of lawyers
John W. showwater, the new United States Cir
cult Judge for the Seventh Circuit, received pleas
ant greeting from the members Of the Chicago Bar
Few days ago. One OF the most notable features
OF the reception TO Judge Showwater by the Chicago
Bar Association was the speech OF District Judge
Grosscup in responding to the toast "A New Oppor-
tunlty Tor an Od-Fashioned judiciary" He urged
the Judges not TO neglect the trial of cases in order
TO sit exclusively in the Court OF Appeals He
thought that the frequency with which Judges OF
the United states Supreme Court formerly sat in
the trial courts had much to do with the great abi
est courts of England sit in the trial OF Jury cass
Judges in this country was that they had too mncb
antiquated legal scholastclsm and TOO little worldly
wisdom There was much material for solid thought
in the address OF Judge Grosscup
The bill providing for Criminal Court Of Appeal in
England has been prepared and submitted to Parlia-
ment. 1t is carefully drawn, and provides an elab.
crate system for considering the decisions OF the
judges, and the judgment pronounced in all GRIM
iraI cases. Appeal will be matter of right in cap
ital cases, and in other may be had by
leave OF the trial court Of the Court Of Criminal
Appeal. The appeal in capital cases may be on any
ground OF law or fact, or of mixed law and fact
arising In or out of the trial In other cases the
JUDGES may decide as to whether questions OF law
OF OF TACT may be taken before the higher courts
me new tribunal shall consist Of not less than three
noI s more than seven judges of the High Court
anu an tne Court Of Appeal. A defendant may also
~ rave OF the Court OF Criminal Appeal apply
ha ressoh OF sentence, but sentence shall
-. ~ tedsea unless the prisoner has an ODportunity
10 De heard. The act docs NOT avtacd 20 Eoc,Innj