The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-09-12
NOTES OF LEeA1 rrrxrs

State IOrbudc the employment OF persons con-
victed OF misdemonnor except on public works.
while, rs n matter of fact, conv!ctssof this class
have been hired out to planters, farmers, and
other private employers OF labor In no fewer
than soventy.four counties. There appears to
DO no doubt about the ~illegality Of this convict
lease system, and the Governor has declared
that 1t must cease; but he meets with consider
ablo opposition In his efforts to enforce the law,
because IL costs tho counties much more 10 sup
port tho conyicts when their labor Is confined
to the public works than when their labor Is let
out to private contractors. Not only Is tho sys-
tom clearly unlawful, but n recent Investigation
into tho conditions under which the gangs of
prisoners arc worked shows that excessive
cruelty lie frequently ~praoticed by their guards.
Many of the most prominent citizens and business
men In Georgia have been in tho habit Of en-
p!oying these county misdemeanants.
BY n decision handed down at its summer ses-
sion in August, tho Appellate Division Of tho SUI
preme Court In this city held in the case Of q
policeman named Cohen that q person who pro
Cured his appointment upon the police force BY
means OF q fraudulent violation Of tho civil
service regulations might lawfully DO dismissed
by the Commissioners without the presentation
of written charges and specifications and the
same form Of hearing asis observed upon the
trial of lawfully appointed policemen. "Tbo
itoNCo'liik, bdlu MI. JUSTLY IdLtciooh, Nho
merely an investigation into matters preceding
his appointment and related to the subject of
his ever having been lawfully employed upon
the force At first blush this decision appears
TO be in conflict with that rendered In June, in
the case Of u Long Island City policeman named
kavanagh, by the Appellate Division in Brook
Ign, where the court held that a veteran whose
original appointment tn the police force was
alleged to have been illegal could mt be re-
moved on that ground, except after o hearing
upon notice. In such q proceeding, It was said,
the officer has q right to DO heard upon the very
question OF the legality OF his appointment.
Thcre IL probably no real conflict between the
decisions, however, as Justice Pattcrsons opin-
ion indicates that Cohen actually was heard in
his own behalf, upon some sort OF notice. so that
the question there related to form rather than
substance.
The judicial functions exercised by tho SUI
perintcndent OF Public Instruction In this
State arc not generally appreciated. either In
respect to their character or extent. In the re-
port Of the Department for 1896. which has
just been published. we ind that Superintend.
ent Charles r. skinner heard and decided los
appeal cases between the 1Lh Jay of January
and tho 18th day Of November last year. OF
the more important decisions twenty.three are
reported in full, covering ia printed pages. and
the opinions dea! with questions involved in
u lawycr.hke manner which would be credita-
BILE TO a court. The Jurisdiction Of the State
Superintendent Of Public Instruction to hear
appeals Is conferred upon him by the CONSOLE
dated School law. 1t embraces the power TO re-
view any official act or decision concerning
any matter under that statute or any other
statute pertaining to the common schools. and
the law declares that the decision Of the super
intendent shall be final and conclusive and
not subject to question or review In any place
or court whatever.
We have received from the publisher "a
Treatise on the Law Of Husband and Wife in
the State OF New York" by William f. Bull
lock of Brooklyn ALBANY, y. Y, Henry B. Par
sons). It Is a wel.printed volume Of up
ward Of 400 pages, and is more than a mere
digest Of tho New York decisions relating TO the
subject of which it treats. Our examination
Of the work indicates that the author has care
fully and industriously woven out OF the ma
terial Of these cases a clear statement Of the
existing law OF New York in reference to tho
marriage relation Mr.. Bullock Is an earnest
advocate Of the abolition of common-law mar
riages. and presents some strong argument
In favor of the change. both In the introduce
ton and in the body OF the work. II Is TO DO
noted, however, that tho Legislature Of 1897
refused to pass q bill deprivinR such alliances
Of the sanction Of the law. Mr.. Bullock's trea-
tise ought to prove q useful book to legal prac-
tiiioners in this State
An interesting SANDER case has recently
been determined by the Appellate Division Of
the Supreme Court sitting at Rochester. Tho
defendant was the manager Of a large depart
ment store in Syracuse, In which sons 800 per-
sons were employed. The plaintiff was Q
young man who had charge Of the bundle
counter in the store. A straw hat, which had
been wrapped up and placed on the bundle
counter, was misaed and was finally recov-
cred, under circumstances which directed sus-
picion toward the plaintiff. Two Of his CO.
employees told the defendant that tho plain
till had admitted to them that he stole the
rat. Thereupon the manager sent for the plain
til and in tho presence of u number Of per
sons charged him with the theft and dismissed
him. For this SANDER q jury awarded $3.50 to
the plaintif; but the Appellate Division set
aside the verdict because there was no evil
dence Of express malice; that 10 to say, no
proof that the manager was actuated by Der
sonal spite or Ill will. II he mado tho charge
in good faith aud honestly believing 1t to DO
true. the law protects him.
Tho recent meeting OF tho American Bar
Association at Cleveland was we'll attended by
many distinguished lawyers and more than
usual attention has been attracted by the ad.
dress of tho President. Mrs. ]. NJ. Woolworth
Of Omaha, who condemned the tendency OF
modern legislation In tho direction Of extend
ing the police power, and deprecated the dis
position of lawmakers ito intrude into the az.
fairs OF individuals and to encourage them to
rely on what can be done for them, rather than
on what they can do for themselves" An
amusing feature OF the meeting was the at
tendance of three delegates who became known
as tho interchangeable Smiths. One was from
Pennsylvania. one from Illinois, and ono from
Georgia. They resemhled ono another very
much, all being smooth-shaven and each being
over six feet one In height. The Illinois Smith
and the Pennsylvania Smith were frequently
asked questions LLtended for the Georgia
Smith, and all three had constantly to be iden-
tifying themselves. The Georgian made a
brilliant address before tho association.
We observe that In Mr. Bullock's work OIL tho
law of husband and wife he state, that a wo-
aA