New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-03-01
BENCH AND BAR.
GATHERED AMONG LAWYERS AND IN THE
COURTS.

| II
| COURTS.
| The new rule regulating the call OF the speciai
Term calendar il the Supreme Court went into
effect last week Two calls of the calendar may De
had each week under the amended rule If 1t should
be necessary to make a second call in order TO
| provide sufficient number OF cases for ali the
| special terms. Some of the courts nave not Deeh
as closely occupied In the consideration OF equity
| cases as had been hoped when the new courts
we're opened Part " OF the Special Term was
| transferred on Friday to the room formerly occu-
peI Previously occupied b. Part ~. The March
term will open Tomorrow and 1t Is expected that
ali The equity and trial courts Will be fully oc-
cupied.
The Court Of Appeals decisions last week were
few IN number Some orders affirmed and
several judgments of the lower courts were re-
versed The full opinion Of the court In the case OF
| the People against Martin Y. STRAIT, reversing d
Judgment of death conviction. OF murder III the
| first degree has not been published. The summary
reported frCm Albany gives as a ground FOR a re-
versal The fact that a juror was more than sixty
wears of age. The limit Is sixty years IN DINER
| counties than Ncw-York and seventy years IN TINS
county The fact that juror was over age mas
been supposed to be simply ground FOR his eXeinp-
ton from Jury duty If he chooses 10 give that rca-
SON for being excused from service. Jurors over
81, ho"ansc thcy dd not desire 10 be excused
| The manner in which Defendant coulu De lr,Juo
diced by allowing juror OYER SHY ySaiS OF , ar
were physically ana mentally inctpaGl,atGu iJuiy
| tirely irrespective of his age.
rh. industry and thoroughness of the Appellate
| Dt>,son Of the Supreme Court in the two months
| Of its existence have been A striking example 10
| o,b.r courts Cases have been disposed OF rapidly.
| opinions have been usually short and there mas
never been failure OF the court TO SIT owing 10
| IN. absence of judges The work thrown upon
| tho court was arduous, but the judges have not
| mi. IN
| number OF cases as rapidly they accumulate.
| An unusually large amount OF business has been
| before the Appellate Division recently arising from
| the Discharge of public employees. Cases OF ms
mnnis OF the Civil servie law ana the veteran
acts have been construed in many cases ana care
| ftil perisal Of the laws and the decisions or M
courts should enable the heads Of depart menis -
aschsrras 20" of pmhc ocais vii not be made AMI
courts and Corporation Counsel Will not be occupied
| with this litigation
| The attempt of Justice Martin ]. Keogh 10 intro
| duce into the New-York criminal courts the long
| hours of the country courts startled at first the
| District Attorneys Office and the criminal lawyers.
| The result OF his industry and energy were. how
ever, at apparent. and the number oil hoih'-
eide cases awaiting trial is rapidly ltssening. The
| hours OF rising are undoubtedly later among New
| York lawyers than among the members or the codn-
| try bar but 10 o'clock or $3.50 would not be an
| inconvenently early hour for opening court to
| lawyers il they were accustomed TO such rule.
In criminal cases especially early hours are prac-
tcable as the trial judge has less work TO do out
| usually desires some time before the opening or
court TO examine wtnesses ana prepare for the
pc can TS acton OF Jnir. Ksorh has ben al
most universally approye ana # is possible thai
| the opening In the other criminal courts "hl,h
64i aT'a nay Boon soon p. cd ' $50 or oE
and the courts thus en&n.si L, u@Is,1o % a.. w.
| d!iional assistance.
| The Appellate Court in Chicago has recently sus-
| tanned verdict of $500 against the Pullman
| Palace Car Company in suit brought by pas
scnger who was throan down hy sudden lur'h
o. the car while he attempting 70 grt down
from an upper berth IA the night time. He had
| rung the bell which provided 80 as 20 call the
porter. but response WAS made 70 his call lie
| testified that he had also Informed The conductor
| when he began his journey that ne was III an1
| needed a lower berth. The Appellate Court held
| that II the company furnishes upper bcrths. which
| common experience teaches are difficult noi
dangerous. to -llght from when he or o. IN r~Ili
motion. 1t is required 20 have steps 81 other COM
rivances 10 assist passengers Il me "io- arr NOV
able. 1t IS necessary that servants Doe employed g
bring them FOR tnc use u ptssenserf, ana mat ip
awake ready to answer 10 th" c.h ~ fho b.ll pro-
hold The railroad COMPANY; rs W'H 90, o." rit,"
car COMPANY resIoi .iDir. PIX ne si.i was WIN
"The American Law Register AMI Review" or
OF the Oldest law periodicals in the country. has
| passed into the control OF tho Law Department
| OF the University Of Pennsylvania 1.-The Reg SEER
and Review has hal varied prosperity, bl, with
the support Of the Law school OF the Pennsylvania
University It ought 10 have a career OF great use-
/ funess The Advisory Committee consists Of scv-
/ eral wel-knOwu members OF the Pennsylvania bar
| and the editors are members Of the Law school.
| Each number OF the masaz.nc usually contains one
or two articles discussing important questions Of
| law Notes II the Progress Of The Law" by
Arlemus stewart; editorial notes and book
Views. The Law School occupic5 large ana
convenient quarters IN the court buiings In indie
pendence square The rooms ~ ore time occu-
| pied 10y N" Congress OF the tn!icd states
now used lccture-rOoWs The Oil Criminal Court
/ Binding is used for the library and Offices The
law school has grown to a large membership ana
| by taking hold Of the weli-cstablished Register
and Review instead OF starting new pIbca ton
OF IT'S own, the school VIII be represented by
magazine already having good patronage.
An attempt has recently been made by an Eng
lish lawyer who formerly pupil at 81. Peters
College. Cambridge obtain pecuniary c0mpen-
sation for the refusal Of the college authorities
give him the degree OF Bachelor Of Arts Justice
Wills. before whom the was tried. could find
no authority on the subject II he had been famll-
lar with the New York decisions, he would have
known Of the case before Judge McAdarn a few
years ago, in which a medical student unsuccesa-
fully attempted to compel by order Of the court