New-York tribune., 1896-01-19

>@aM@M%
WILLIAM RUMsEY.
seven years ago for Judge of the Court Of Appeals
On the Republican ticket He was defeated ny
Judge GRAY by small number of votes. lie has
tice Rumsey was born in ls41 and is the son of
Justice David Rumsey who sat for many years on
he He bad nearly Completed his in Williams
College in 1861, when the breaking out OF the war
his diploma and was graduated with the class of
1861. He served throughout the war and rose 10
the rank of major and afterward received higher
brevet rank. He private secretary TO the nted
States Ambassador TO Japan and aiterward studied
TO the Supreme Court in 1880. He was appointed
member ol me & m Of The illness OF
Justice Dwight was afterward transferred TO the
The Court of Appeals decided last week several
cases of public interest. including the ST Lawrence
County apportionment case. the suit over the IL
censing OF liquor saloons within two hundred feet
of church school, and the litigation concerning
the Brooklyn waterworks contract The action OF
Mr.. Freel against the city of Brooklyn to demand
payment of the contract price for building a reser-
voir which afterward found to be leaking had
points of resemblance TO some actions against the
city of New-York within the last few years. but
in the Freel the responsibility Of city officials
for the imperfect work was shown. while in the
Of the Court of Appeals decisions during the week
against the George G. Treadweil Company and
Aa9t kauennurg aganst tne Gommercia ,i eva nahk
ments. The lien OF an attachment was allowed in
Which had been seized by the sheriff in that % paric rte
uar proceeding. Other property OF the defendant
court held that the Hen did cover this property
but the order has been reversed 10y the Court Of
Appeals. In the Ladenburg case the affidavit on
which the attachment granted held by the
lower courts to be insufficient as it referred only
to the fact that the business Of the plaintiffs was
carried on In New-York and did not give that as
the place OF their residence and also because Of the
failure TO set out in full cable message containing
some OF the information on which the plaintiffs
relied; The order OF the General Term
versed.
The definition OF the words "ingress and egress'
in the granting of a right of way is not often an
nounced by the courts. The judgment OF the Court
Of Appeals in one Of the decisions Of last week
that in the Of Arnold against Fee-urned on
the meaning OF those words; A piece of property
had been bought with the right to one side Of
alley for ingress and egress. there had been a
livery stable on the alley and 1t had been used for
horses and carriages. Owners of surrounding land
wished to Keep the alley only for foot travel The
to p Stable on pnT his "G
and suit was begun 10 prevent the alley from
Appeals has affirmed the action of the lower
courts; by which the right to use the alley
extended so as 10 allow horses and carriages 10
pass through il.
The manner In which naturalization proceedings
carried is in marked contrast with that OF
few years ago Justice Pryor. who acted In
naturalization proceedings last week, used especial
In his inquiries and many Of those who de-
sired TO become citizens were rejected. The pro-
ceedings conform more nearly TO other dgnifcd
and deliberate action in the courts Each witness
and applicant is carefully examined by the judge
whether the person who wishes to become a
citizen is really attached to me principles OF me
Constitution. as required by the law In order TO
learn whether the applicant meets that require
ment of the United States law IT is necessary to
find out whether he understands the principles of
the Constitution. 10 which he declares that he Is
attached Some examination is therefore REQUISITE
the applicants are Of higher order ora man those
the direction of political leaders, a few weeks
before each general election
The several new jury laws presented prepared for
presentation in the Legislature will have an i'm
portant influence in preventing some OF the evils
Of the old system. One OF the most important Of
the bills Is that introduced by Senator Page. at
the suggestion of Justice Barrett and with the
approval OF other justices OF the Supreme Court
the one who is chosen as special commissioner
Of jurors. The Appellate Division In this county
GSn emSer be of m On ba TO Wose Se Is 30 &
and whose experience is so great that his action
questioned. The bill will probably meet with
little opposition and is regarded among lawyers
affording satisfactory solution of a perplex-
ing problem
Justice Gaynor's opinion upholding the validity
Of The City Magistrates act OF last year contains
criticism Of a system which has grown within the
last few years. and which may II not closely
watched become a serious evil. He aludes to the
action Of an assistant Dstrict-Attorney. who sub
poenaed to NewYork the petitioner In the proceed
ing before Justice Gaynor. The subpoena was
marked: I'm the criminal action prosecuted by the
People OF the State of NewYork against John
Doe" The whom the assistant District-At-
torney wished not required as a witness
in any criminal case but was taken TO the Dis
the assistant DstrictAttorney as 10 his purpose in
bringing the proceedings in Brooklyn. 1t has grown
TO be the custom with assistant Dstrlct-Attorneys.
some of them having little feeling OF RESPONSE
biIity TO subpoenas to people from whom they
yish 10 OBJ. ain information, while no case Is pend
ing I'm court and sometimes simply 10 save the
,rouble OF having the witness seen at his own home
nv some empoye of the office. In some cases there
a. sven ictitious name OF a defendant used. so
that a citizen is taken TO the Distrlct- Attorneys
once on n false pretence and subjected to question:
ING and cross-questionng without authority. lie is
led IN believe that he is acting under the orders or
the Court when the subpoena is simply used ior
The convenience of official. In a rev cases VIII
nesses have protested against the unaunorlZed ac-
ton OF the officials, but usually there IS quiet
and sometimes may work hardship TO innocent per-
sons.
The place for holding the next examination oi az
plcauts for admission to the bar has been cna"seo