New-York tribune., 1896-05-31
BENCH AND BAR.
GATHERED AMONG LAWYERS AND IN THE
COURTS.

COURTS.
Tb. work Of the appellate courts last week was OF
unusual interest The decision OF the Court OF Ap-
neaIs confirming the constltutionaty OF the liquor
tax law was not unexpected, following upon the oe
cision In the cas- to the validity Of the law CLOS
ing barber-shops on Sunday morning except in New
York and Saratoga. The Court Of Appeals had
given wide latitude to the lawmakers under the
police powers OF the State There are fewer deci-
sions declaring laws unconstitutional in the New
York courts than in those OF some OF the other
States and the responsibility of unwsc legislation
is largely left to the legislators theihseNeS; @
opinion just reported holds law Closing
shops in that State on Sunday 20 De unconsutu-
objection was declared vad Inc lllh9s 9 -, "w " ~ a.
piled equally all parts OF the State; ana yet IL was
of citizens The Legislature. it was held, could
not single out one calling or vocation as Inc SUI sun
ness was not harmful TO others. The limos court
hibitng women from working more than a certain
number of hours a week though similar laws nave
in other States been sustained
The decision OF the Appellate Division OF the Su-
premc Court refusing to confirm the report or the
Rapid Transit Commissioners is another example
OF the extraordinary powers granted 10 that Court
under the present Constitution and laws subsequent
" passed by the Legislature. The right Of appeal
to the Court of Appeals has been so limited that in
many classes of cases the Appellate Division Is the
final tribunal The Court has received large powers
OF Officers. the erection Of a building and other
matters formerly distributed between several
branches OF the Government. and with Its extensive
power Of final review ii has become one OF the most
powerful bodies in municipal aiiairs By carriulIy h
refrainng from passing upon any point or law the
Court was able in the Rapid Transit CommlssionerIs
be no appeal and thus dispose at once Of a matter
which had been otherwise decided in some of IT'S
aspects by the people of the city, the municipal
authorities and specially organized boards. Several
laws passed by the last Legislature increase the
powers of this tribunal in the making OF appoint
inens and the supervision Of the work Of other
courts.
The removal Of the shcrns office which was sup
posed to be ready for accomplishment several
months ago is stlll delayed for some reason diff
cult to understand The brownsone building seems
to be in such a condition that 1t could be occupied
at any time by the sherlns office. but the transfer
Is not made. In the mean time the Surrogates Of
Sr Gg Thn m themseves % are confined to the
low, small rooms on the ground moor. ana sunci IN
health from the miasmatlc surroundings. while
they are compelled hold trials wherever they can
find. vacant courtroom In the building. Inc need
tive that every means OF Fastening the Sheriff from
the County Courthouse should be adopted
The full opinion OF the Appellate Division revers-
Ing the Judgment of Surrogate Fitzgerald in the
of the probate Of the Will OF Julia Ann Spratt
is now accessible. and examination OF IT shows
that the summaries first published did an injustice
to the Surrogate. who was for the first time re-
versed In such a proceeding. Mrs. Spratt was an
elderly and partly paraytc woman, who had as a
manager OF some OF her business affairs William
Nelson lie Page. Mrs Spratt died in October. 1888
In April Of that year she had made viii leaving a
large part of her property to Mrs. Clara sprait.
Mrs McGrath and Mrs. McCandless. month later
she made will in which Mr.: lie Page was the re-
siduary legatee instead Of the three Tqme9 VINO
careful examination OF THE case, believed that Mt
ton OF undue influence upon Mrs Spratt. Il was
shown that he engaged a lawyer 10 draw the VIII
and was present through most OF the proceedings
affesfatlOn
rogate also found that Mr. lie Page had obtained
estate before her death upon worthless security;
lie considered that the relations Of Mr. lie Page ana
Mrs Spratt were so confidential as TO lead to an IN
ference that w in hs favor might , have been
April was in accordance with Mrs ,Spraits re,
peated expressions 10 the Intended disposition OF
could be accounted for by the Surrogate only on the
theory OF general coercive influence by Mr. II Page.
pay founded on the belicf that the evidence OF un-
due influence not fully sufficient. and the mat
least doubtful Whether Jury will look more lent
emily than Surrogate Fitzgerald upon he claims Of
spratis estate especially IL view Of the great care
sderation OF cases OF contested Wills.
A reception and dinner for Associate Justice
Brown. of the United States Supreme Court will be
held on Friday Of this week at the Auditorium Ho-
tel. Chicago. The Chicago Bar Association ~
which f. II Gary Is president. has sent 'he invita-
ton to Justice Brown and he delayed his intended
OF the United States supreme Court and the judges
OF the Supreme Court Of Illinois specially In
association will g 70 Washington In a private car
to accompany Justice Brown TO Chicago Justice
circuit and the reception is offered In recognition
OF that fact
a new law school has been formed In Cincinnati !
In connection with the Cincinnati TnivcrHty Judge
Taft OF the United States Circuit Court. las been
named as the dean Of the school. and among ~"
members Of the faculty are Juison Harmon. hi-
orney General Of the United States. Judge Rufus
Smith. OF the Superior Court OF Cincinnati. and
the United states The Law school OF Cincinnati
which has been successfully carried on FOR some
years. had been invited TO become a part OF the
Cincinnati University. but on us refusal the new
law school was organized.
Ohio lawyers believe that "A large number Of tho
laws passed by the last Legislature unconstlu
tiona under the recent decision OF tn Supreme
Court in reference to local legislation under the
guise OF general statutes. Among the bills are
those authorizing the construction OF bridges. tun
nels. roads and other public works. Involving In
the aggregate many millions OF dollars. Thc con |
legislation is particularly strong, and the judges oi
effect with great strngenry IL is even.feared thn
every local law authorizing Increase in the tax
rate will be held unconstitutional under the de-
Supreme Court The validity OF many other laws
has been attacked on grounds similar to those
which have led the declaration Of the unconst-
tutonaty of several statutes The building OF the |
new waterworks In Cincinnati at al expense OF |
over 100000 authorized by law the CON |
stitu,ionay OF which will also be questioned.
The woes Of Jurors In the English courts are in |
respects greater than those in this coun
try. A writer in THE Law Magazine and Review" |
has recently completed article The Griev- |
ances Of Jurymen" /, appears that jurors may be |
called to every year in each OF four courts |
a service In two courts is common. juror may |
be In attendance in one court for two weeks and |
for shorter time In two three Of the other |
courts. In NcwYork courts service Of twelve days |
excuses a juror for the rest OF jury year, and |
under "A law just passed Juror may only |