The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-04-04
NOTES OF LEGAL EVENTS.

NOTES OF LEGAL EVENTS.
Tho:decislon Of the Court Of Appeals ~sustain-
Ing the validity Of the Rapid Transit leRlala-
ton relative 10 this city was not unanimous.
Judge Denia O'Brien wrote q dissenhn9 opin-
lon, which was ooncurrod in by Judge Irving
q. Vann OF Syracuse The majority OF the
court hold that . city may issue bonds for the
construction Of o railroad in the municipality
and may then lease the line to q private corpora
ton for q period OF nfty years. upon such .erms
as shall be prescribed by the Legislature. not.
withdrawing theconstitutional provisionforbid
ding any city from loaning its money or credit
70 or in aid Of any corporation. or from becoming
directly or Indirectly the owner of any Of tho
stock or bonds Of any corporation. or from in
curing any Indebtedness except for city pur-
poses. The minority. on the other hand. think
that this delcsion practically null;hes tho con-
stltutionai restrictions and defeats the purpose
that was plainly In view in their enactment by
the peoples" for II tho Legislature NAV author
lie q nfty-year lease TO n corporation, II may
authorize q lease In perpetuity.
In the betting case Of Hawke va. Dunn, which
has attracted 20 much attention In England 70.
Gently. the decision was really hat Of i've
Judges of the High Court of Justice, although
1t 10 generally spoken Of as the decision Of Mr..
Justice Hawkins, because he delivered the opin-
Ion. The case. turned wholly on the meaning
OF the word place" In tho statute known AZ
the Betting Houses act Il 1853. which forbid
the use of any house. office. room or other
place. for the purpose of betting. The defend
ant was a professional bookmaker and betting
mar. and was prosecuted for using an lnclos-
ure known as Tattersnll's king, on the Hurst
Park race cousrse. for the purpose OF betting
with all who desired to make wagers on tho
races. He did not confne his operations to any
particular part of the rinR, but moved about.
calling out tho odds and making his bets wher-
ever he chose. The complaint was dismissed
in the Magistrates Court, on tho ground that
the defendant could not be convicted unless
he did his botting In = certain fixed place
from which he seldom moved. az from q stool or
under an umbrella. Mr.. Justice hawkins and
his four associa:es in the Queens Bench Divi.
slonal Court, however, were of the opinion that
It would DO fritterlng away the Betting Houses
act to hold that \ well-defned Enclosure known
by q specific name and actually employed as .
betting ring was not o place within the mean
ing of the statute. On the other hand. Mr..
Justice Hn wilkins expressly declares that the
law of England docs not forbid betting itself.
What it does prohibit rs the use. by those who
make . trade and business of betting, OF any
place for the purpo:e Of betting with persons
resorting thereto" II this decision be correct,
the Law has been steadily violated with impu-
nifty for over forty years.
New names continue to come to tho front in
reference to tho vacancy which will occur In
tho Court OF Appeals by the retirement of
Chief Judge Andrews at tho close Of the pres
emit year. Tho Nep York Herald mentions
Judge william E. Werner Of Rochester. who 10
now one of the Justices of the Supreme Court,
as likely to receive the r Republican nomination.
He 1. 40 years Of age. and has been clerk OF
the Municipal Court OF Rochester. Special
County Judge of Monroe county. and County
Judge. Henry A. Childs of Medina. q Su-
preme Court Justice In the Eighth or Buffalo
district. Is spoken OF ~ another Republican
candidate. Gov. Morton offered to appoint
him to ono of the Appellate Divisions when
they were organized. at the beginning o. 1896.
but he declined the appointment Tho only
new name In Democratic circles is that of
Judge d. Cady He-rick of the Appellate Dr.
sIsion in tho ALBANY Department. Judge Hes-
rick has been Known rs o strong partisan. but
his judicial work has usually been OF q high
order. The nominations for tho Court of Ap-
peals win DO made this year by the State Conf
~ra.rtees. as no conventions will DO held to
nominate Sta te officers.
Whore o court consists Of Eve members. four
OF whom o. institute o quorum. and all four
concur In rendering q decision in q case which
the court heard argued in the sbsen 20 of the
NTH Judge. 10 such q decision unanimous, with
IN the meaning Of \ statute providing that in
certain classes of actions o unanimous affirm
ance shall be final? This question recently
came before tho Court OF Appeals. in q negli-
Ia lA-
Hrmed by the Appellate Division in the Fourth
Department, four Judges being present and
coucnrriuR. and one mem Der OF the court being
absent. 1t was argued that the decision could
only DO regarded as unanimous when II was
agreed TO by all tho Ave Judges, but the Court
Of Appeals nolds otherwise. declaring that a
quorum OF four Justices. sitting In an ADJ ellat0
Division. IL in contemplation Of law the Ap-
pellate Division. "A judicial or legislative
body" says JUDGE Edward T. Bartlett, hay
ing q quorum present. proceeds ordinarily as
II every member was sitting" In his place. and ex-
ercises all the powers with which 1t 10 in
vested. Any other rule would greatly en-
barrass the transaction OF business in case Of
illness or voluntary or enforced absence among
the members"
Americanisms sometimes nnd their way into
the English courtr. even in tho arguments of
counsel. A copyright case was recently heard
by Mr.. Justice Kekewich. In the Chancery d.
vision Of the High Court OF Justice. IN which
the alleged INFRINGEMENT related TO a picture
entitled They forged the Last Link with
Their Lives" It had been shown in the Royal
Academy exhibition in 1896, and represented
the death OF the last survivor OF Sir John
Franklin's famous Arstic expedition In the
Erobus and Terror. In 1S49-1s50. About the
dying man wee depicted his dead COMPANIONS
on an Ice foe near their boat. The plaintiff
complained that the defendant by copying the
painting in a magazine had prevented him from
selling photographers OF It at $40 apiece. which
otherwise he could have done, and thus. said
his counsel. he was deprived Of reapinG the
advantage OF the existing "Arctic boom.' TO
Employ an American expression. which had
been occasioned BY the successful Polar Jour
ney of DR.. Sansen and thu interest which It
had aroused In London. The court gave the
complainant An injunction and awarded him
damages equivalent to about $l2b.