The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-05-09

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The death Of Charles II. Butler, which was an.
nounced on Monday, brought TO a close tho
quiet career of one OF the most successful men,
bers Of the New York bar. He was distinctively
an Office lawyer, and hence not we'll known to
active practitioners except by reputation; yet
that reputation was 80 high that his namo was
always an element OF strength even in the firm
Of exceptionally able men with whom he was as
sociated. Mr.. Butler was a Virginian by birth,
and had nearly attained tho age of 80. In the
legal neurology of the week, we regret also to
have to record the name Of Robert Sewell. His
early life In New York resembled that OF Mr..
Butler In one respect. He came here as a poor
boy who had to earn his own living. Mr.. Sewell
was born in Ireland in 1881, and arrived in
America when he was about ID years old. He
became a prominent and successful advocate,
especially in life insurance cases, and was the
legal adviser Of the Mutual Life Insurance Com
pany. At one time he was in partnership with
James +. Pierce, who recently retired from tho
office of Superintendent Of the Insurance De-
partment. Mr.. Sewell somo years ago was a
candidate for Justice of the Supreme Court in
this city on the Republican ticket.
The Bar Association of indianapolis has do
cided that 1t has no jurisdiction TO censure tho
Indiana Judge, named Baker, for the language
attributed TO him while sitting In a civil suit
which involved some transactions of Mr.. ii.
Sellers Mckee of Pittsburg with the affairs OF u
street car company. 80 far as Mckee is con.
cerned," the Judge was reported TO have said,
cit would be no injustice to him to hang him, IL
the truth is set up here In this bill" When re-
quested by q committee Of the Bar Association
to state what words he actually used. Judge
Baker declined to do so. The members Of the COM
mittee, however, must have acquired some ink
ling Of his meaning otherwise, for they declared
in their report that the Court did not intend to
encourage lynch law" This report was adopted
by the association, notwithstanding the siren
uous opposition Of the Attorney-Genera of tho
State. All fair-minded persons will agree with
him that such utteranoe from the bench was an
J example of bad taste. and that its repetition
, could not be tolerated.
Much interest has been excited in business
circles during the past week by q decision rem
dered at q Special Term Of the Supreme Court
by Mr.. Justice Beekman, in reference to the
taxability Of money invested in a seat in the
New York Stock Exchange. The defendant WAS
a resident of New Jersey doing business AZ a
stock broker in this city, and he insisted that the
value Of his seat In the exchange did not repre-
sent an equivalent money investment and did
not bring him within the provision of law which
declares that non-residents doing business in
this State shall DO assessed and taxed on all
sums invested in any manner in said business.
the same as IL they were residents of the State"
The proof showed that he paid $685. 500 for tho
seat in 1890. and that tho average price for n
seat was $ls. 900 at tho time Of the imposition
of the tax. The court held that the value of tho
seat must be deemed money invested in tho de-
PENDANTS business here, and hence that he was
subject to taxation thereon. Some Of tho news
papers declare that this decision has created an
erroneous impression that seats in an exchange
arc taxable. The impression, however. can
hardly DO erroneous II the decision is sound law;
for taxing the money which a broker pays for a
seat is very much tho same thing as taxing the
seat itself.
Prof. Christopher G.. Tiedeman OF the Uni
versity Law School in this city has resigned
from the faculty OF that institution, to which no
was appointed in the year 1891, and of which no
has been a prominent and useful member. lie
gave instruction In the law Of real property and
the law OF negotiable paper. Prof. Tiedeman
is the author Of a wel-known work on real
property law.
In Delaware, tho power to grant divorces Is
still exercised by the Legislature. and sixty-one
couples have already been separated by legis-
! lutive acts passed at the present session.
Rumors Of bribery In connection with this
method OF divorce have led to an investigation
at Dover. the capital OF the State, by a commit
tee OF the Legislature, which has been taking
testimony on the subject during the week.
There is evidence tending to show that members
OF both houses have suggested to counsel in
divorce cases that some compensation ought to
be paid for the consideration of private bills. but
the persons implicated in these charges stoutly
deny their truth. The system of legislative di-
vorces, however. Is most objectionable, and
wherever permitted to any great extent will
certainly give rise to such suspicious az are en-
t~ertaincd in Delaware.
Tho first annual dinner of tho Westchoster
County Bar Association was given on Thursday
evening at the Murray Hill Hotel in this city,
which was probably more convenient for the
members than any place in Westchester county
would have been, as It Is 30 accessible by means
OF the railroads that run into the Grand Central.
Tho banquet was well attended, and "a special
feature OF the occasion was the presentation of
a portrait of Judge Dykman. who has repre-
sented Westchesterc county on the bench Of the
Supreme Court in tho Second Judicial district
for SO many years. and who now has an able
colleague from his own county In the person of
Mr.. Justice Keogh. The invitations to the din.
ner were In the form of q subpoena, entitled
"In the Matter of the First Annual Dinner of
the Westchester County Bar Association" and
attested In the name of the Hon. Theodore II.
Silkman, the Presidento of the organization. Mr..
silkman Is tho present efficient Surrogate of
Westchcstcr.
1t will probably surprise many persons to learn
that there can be any question under our
naturalization laws in regard to tho jurisdiction
Of tho Federal courts to admit Mexicans to
citizenship In the United States. Tho right to
naturalize a citizen of Mexico, however, has
recently been seriously disputed before Judge
Thomas s. Maxey Of the United States District
Court for the Western District Of Texas, upon
the ground that the applicant was not a white
person. nor an African, nor Of African descent,
but that his color was the color OF an Indian.
After long consideration. the objection was pro-
nounced invalid and the Mexican was allowed to
become q citizen of this country.
The Court of Appeals on Tuesday affirmed two
judgments Of conviction In case OF murder in
the first degree and reversed two convictions for