New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-09-22
FROM BENCH AND BAR.
GATHERED AMONG LAWYERS AND IN
THE COURTS.

THE COURTS.
Justice Celora E. Martin. who has been nominated
bv the Republicans for Judge OF the Court OF APP
peals Is most widely known among lawyers lot MS
work in the General Term OF the Supreme court
rbe Sixth Judicial District, which he represents on
the bench OF the Supreme Court has less inpor-
,ant litigation than most of the districts, but the
General Term OF the Fourth Department Includes
also the Fifth Judicial District and the General Term
decisions are often matters OF Importance 10
LAWYERS The General Term OF the Fourth Depart
mont has ranked among the highest In IN" State IN
the care with which its decisions have neen mace
and in the IN which It's opinions nave Dten
written Justice Martins decisions In the Twelve
years I'm which he has served In the IehcrAl Term
have covered wide range ana ne mas s,,oy no
written opinions His experience Of eighteen years
on the bench has prepared him well ior promoto on
The political complexion o: the court
The special session OF the Court OF Appeals which
mos held last week 10 consider the conStituti0nalty
OF the act anncxing part Of Westchester County
:, Xaw-york CITY Is said be the first IN The
history OF the court. Meetings OF the court nav
however frequently been held In september ana -
s only in recent years that the fan sessions nave
M, begun until October. The meeting Of The court
IN the week between Christmas and New Years IN
1871 TO decide the Senate election cases OF that year
wos practically special session, as the court mas
almost invariably adjourned from before Shristnas
until after New Years Day Inc case 70 ~ Arn.,
D; rn a, 81 aet wear has been passed upon by sew
anon hIe Sunreme Court Judges who have, without
e.al o. niheId the act as constitutional a de-
cslon by the Court OF Appeals adverse TO the va
dty OF the act would render necessary me spseus
and would undo much OF the work whicn mas pei
peFiS9dmeYI and Westches;er County The argu-
ments before the Court we're ingenious any 'a "a ,h
Tut few lawyers expect 10 sre INV u'''''''' - ~
lower courts reversed
~ex, week Will be the last excep, one Of the long
loralC "a N
the large cities of other States frequently begin their
o,.,umn sessions In September. The city Court OF
this city formerly held trial terms In the latter
rar, Of September. but this year that court VIII sfo
begin It's regular work on the iirst M9ntay o, 49,
vacations and busly engaged al once work IN
ffvor OF shortening summer vacations seems TO
have increased. but no active movement 10 .ohp-
earlier opening OF the trial work OF the courts mas
Yet begun.
The alleged discovery OF boxes filled with OLD
indictments and complaints in the clerks office OF
the Dlstrict-Attorneys Office has excited much COM
ment but among those familiar with the workings
OF the public prosecutors office the surprise OF the
officials is somewhat amusing. The chief clerks
office for several years after the latest date OF the
misplaced indictments, was in room scarcely ten
feet square. Chief clerk after chief clerk has
taken Office and each has been supposed to make
a careful examination OF the untried cases Some
OF the officials have made lists OF all cases await
Ing trial. The office was once removed from one
part OF the building to another floor. and at an
other time moved from building to another
several blocks away. The existence OF any con-
siderable number Of untried indictments or OF rom
plants which had not been submitted 10 the Grand
Jury could not have been concealed from the eye
OF any official who had charge OF the papers.
Whether the indictments were pressed TO trial
or the complaints further prosecuted because or
corrupt motives. simply because the witnesses
could not be found. may never be known; The TACT
that such papers In the Office could not have
been unknown and II the officials did not prosecute
the cases many years ago make any effort to
find whether the witnesses were alive they must
have : negligent as those who misplaced the
papers under the administrations OF ten 10 thirty
years ago.
! The New-York Law Journal opposes a radical
revision OF the code OF civil procedure. and many
lawyers sustain It In the argument that II is better
| that the present imperfect code should be allowed
! 10 remain unchanged in It's main features than