New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-02-09
BENCH AND BAR.

!
! GATHERED AMONG LAWYERS AND IN THE
COURTS.
The second term Of the courts under the new ju-
diclal system and the rules adopted by the Appellate
Division began last week The experience OF inc
first month under the new rules shows that the ar
rangement adopted by the Appellate Division was
IN most respects satisfactory. Some lawyers were
surprised 10 find how buslly occupied the Justice OF
! snacial Term Part II. was although he was con-
ceruod only with ex parte motions. hasty glance
at some Of the less important orders ana carelu
reading Of Sihr % TiSus ev ne 'nauTazaton
ceedings can be carried on by the same Juuse, a.
taken by justice Pryor The Special Term Justice
in Part / was also busily occupied, ana 1t may pe
n Sshers work of the Special Term in future d.
vision Of court work. The usual tral procetun s
| new rules Somewhat greater strctness was No.
decd in carrying out the rules as 20 IN
and ii is to be hoped that the procedure ID Iesa'
TO delays may not become less effective aS Tue 'c"'
( advances
The delay in making the necessary alterations In
the courthouse has greatly interfered with the "oiA
of tho Trial and Equity Terms The rooms IN 'ne
courthouse are, even when in sood orue' u"'N'
gloomy and III ventilated. In their present condi-
ton some Of those which are used Tor houi"s cou''
are unfit for occupancy. The WORK OF changing '''e
clorL,s office and other rooms in the courtroom ad-
vances with annoying slowness. ana months VIII
elapse before the alterations are competed me
private rooms Of the Judges Will not aIpArehuS "
ready for considerable time tne ".ha re a."
scattered and the whole condition OF 'ne ,gu
house is source OF annoyanet ann nnerey IN the
among judges ana lawyers. ~. hy ,,thout
prosecution Of the work might be SHOWN W,.hV ~
interfering with other necessary pubic WORK ny tie
city naturalization bureau Is aIsV - y. ~
and other rooms besides those used loI tnt
is evne,trd the changes to b. finished carly In
January and the assignments Wtre inhe III ~ -,
would he in session long before the present time
rh. hills thus far passed by the Legislature Of
New-york are principally local matters, ana
lmno-tant measures affecting the courts and Jaw
vors have made tt,o progress. except those for al
dltona clerks. s;nographers aad attendants re-
onircd by some Of the local courts The desire eN-
,r.ssel by County Jude Asphalt. OF brooklyn Tor
an increase in tn Jurisdiction Of that court seem"
reasonable on. There is need OF strong cillI"il
court in Kmrs county which should dispose
rromptlv OF al. criminal cases with some s.,sian'e
from the supreme Court Inc I'VE Ju'sr7 "a va.
General Sessions Court in this city seem TO nave
their lime Wi. occupied. and there is probably
enough criminal business in Kings county 10 k''P
.he two judges busy except AT the necessary Na'a-
tion times.
An address recently male at the meeting Of the
American Academy OF Political and socia! Science
by George Wharton Pepper Of the Law School ~
the University Of Pouusy ivana. has attracted w'd'
attention. The subject was The Methods of l.e-
gal Education" sir Pepper believes In the eNten-
sion % law school ecu liion on the unive''iN pam
teaching iursprudenc. wiki tho same care ana hy
the same methods used IN instruction on other
great branch.- Of learning. Many of the iaw
schools now nave cours designed 10 ut pupils AS
quickly as pos. bis 20 pass the necessary GAMMA
ton for admission TO the bar. Dean Austin Abbott
Of m" University Law SrGco. AMI other '4d.ns
instructors have advocated tn stHN ol JUL
prudence aside from TIE mere gaining oi sufcl.at
knowledge - aimt to practice a. The bar Mr..
Peppers .Llres. wss a.onS me same i.n's ALl Wa
distinguished 10Y the clesrness and ability VITA
which tho need 70. scientific eiuly = thr l'w "h'
set forth. lie believes that the .aw student, afr
,hree years university train,ng While hc may , net
fee. VII! poss- eielr understanding o. prncp.es
ana s2aG "taI"n's",s j" rs, ,ror,bS - nr,c,.e
/ IN ofn-e ana court work. sounder and more
nsG'9 ,o gyf be ' ahdr,e. snd Sas road TO- e
INK admission 90 the bar Mr.. Pepper Is 4
g gST'rhd '@sr dcy %S hme With b. sreai
Industry = branches - The law t'0rrns i"
censorship o. law IN tho University ~ Penn., .lr.t
for fcH years and m CONNECTION "i,h william
PcnSssy lylnia Mfs.rs. Pepper AMI Lows ar now
'nearci in digest Of rennsy.yania decision. ON.
",,ivss - thc Pernsyivlnla DECISIONS AMI logical
arrangemrnt OF the principles lall down hr ~"
courts.
The condition Of litigation IN the State 81 ohio ia
such that committee Of Cincinnati lawyers g. a.
work preparing iaw TO be- submitted 20 fhc present
Legislature providing Tor radical reforms paper
f read h"for" tho Bar Association OF CINCINNATI re-
comfy hy Judge Rufus r. Smith. Of the Superior
Court led to renewed interest IA tho subject Judge
Smith pointed out that the time required begin
litigation and carry j. through Tho Supreme Cour,
IN ohio varies frorn Ave seven years more and
In Of reversal the etarts another Jour
ney of from nve - seven years and SO on until the
last Judgment Is affirmed. lIc illustrated his state
mcnt hy telling OF case tried before him in i',i
I4. etIft of,
nofshp. was begun in l'sS 1t had gone forward
and backward IN the courts for sixteen years. II
Is now in ia" Circuit Court and may be- aeain taken
20 the supreme Count so that several NOR, years
may clans. lofor. q iual decision H. r.ari.l l,,'r
case without regard to the amount involved or the
nature % the action. may tG the Supreme Court
Most of fn. Other States have Limitations TO IN.
right Of appeal Thu Supreme Cour, is from -four
TO Eve years behind in IT. work That court now
consists OF six Judges though In almost every
Other stat" there IS an uneven number Of members
Of th" highest court. Three Suprem" Court Judges
may hear case ana decide II II they are unanimous
~ opinion. hut in case of disagreement. they
suit ih" Other Judges ana " majority can D." OBJ
tanyd the case IS decided II the court Is evenly
Gividcd IA" judgment Of the lower court stands.
Jnis" Sinitn .ufK SIS an Increase IN me ncmhor-
snip of the Supreme Court and Limitation OF m"
right 10 appeal Under the present system. SOW
eral successive appeals may be had before the
reaches IA" Suprom" Court. Many other sugscs-
tons as 10 methods preventing delays were made In
judge Smiths address. and II VIII probably h. the
starting point Of reforms. which VIII cure many %
the evils of which ohio lawyers Justly complain.
4 peculiar case from the Orphans Court. Of Ale
Cheny County. Pennsylvania. has just been reported
\ married woman made will leaving ali her prop
oriy TO hey husband. As she aftorwarl had chill
drcn. tho law revoked The will as far as they were
concerned. The husband sought 10 secure the
property the ground that by her statements made
after the birth Of her youngest child she had
practically renewed republshe1 tho will In
many states the republication OF the will can onlv
he made by the same formal methods as are neccs-
strY In the original making of the Will In Penn
sylvania the Witnesses do not necessarily subscribe.
their names 10 The WILL and the testimony Of vii
II - I. IN heir
by The one who sened the Will Is taken a. evidence
In the case before the Orphans Court the woman
said 10 her husband that he ought take care of
the Will and put II whore II was safe, and that state
m'ni was made after the youngest child was born
At another time she said TO her daughter that she
had fixed II 50 that the property would 70 - her
husband To another relative she said That she had
L. . IN - 4