The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-06-20
VOTES OF LEGAL EVENTS.

No event Of the week in judicial circles has
attracted moro attention than the refusal Of the
Supreme Court Of Illinois to assign Judge Gary
Of Chicago to duty as ono Of the Appellate
Judges in that city. These positions corre-
spond to those Of the Justices Of the Appellate
Division in this State, but the appointments arc
msdo In Illinois by the court Of last resort in.
stead Of being made by the Governor. Judge
Gary presided at the trial Of the Chicago An
archists, and thereby became known throughout
the length and breadth Of the land. His friends
insisted that the distinction which he then
achieved entitled him to recognition in making
the assignments to the Appellate bench, but the
Chief Justice of the Supreme Court declared in
substance that the appointments agreed upon
by tho majority included other Judges equally
learned, Industrious, and earnest. The Appel
late courts in Illinois have been established
since 1874. The Illinois Constitution provides
that they "shsll be held By such number OF
Judges of the Circuit courts and at such times
and places and in such manner as may be pro-
vided by law but prohibits the payment Of
any additional compensation to the Circuit
Judges for this service.
1t Is no joke to violate the Gamo law in the
State of New Jersey. This fact is now thor
oughly appreciated by Charles Conklin of Mid
vale, who recently shot six woodcock out OF
schSOu, ueinB culpIOseu U uO So ny NuTlstOihtI
Horandt of Paterson, a silk manufactures in
that city. The woodcock were found in Mr..
Horandt's possession. He was fined $50 for
each bird In a prosecution instituted by the
game warden of the district, and Conklin was
sentenced to ninety days Imprisonment In the
county jail. 1t seems to us these punish
mcnts are disproportionate to the guilt Of the
respective offenders, and that the principal who
! desired to have the woodcock shot deserves to
suffer as severely as his agent, who actually
shot them.
An interesting question Of constitutional law
arising out Of the use Of natural gas has very
recently been decided By the Supreme Court Of
Indiana. A statute Of that State declares that
1.-The use Of natural gas for Illuminating pur-
poses in what are known as fambeau lights is a
wasteful and extravagant use thereof. and is
dangerous to the public good" and it there
fore forbids the burning of natural gus in lights
OF this description. The enactment was at
tackled on the ground that 1t deprived the indi-
yidual of his property without compensation
and without due process Of law. The court
conceded that natural gas Is to be regarded as
property when IL is brought to the surface and
secured in pipes, and that it then belongs to the
owner Of the pipes. But the act" says Mr..
Justice McCabe, lin no way deprives che owner
OF the full and free use Of his property. 1t re-
strains him from wasting the gas, to the in
jury Of others, or TO the injury OF the public. '
The statute was passed TO prevent the land
owner from ncedlessly wasting the gas which
he is drawing from the general reservoir which
nature has furnished, and which experience
and prudence teach US Is liable to be ex
hausted." Such legislation Is held 10 be u con
stitutional exercise Of the police power OF tn,
State; and the court compares natural gas ant
the laws concerning it TO wild animals and thu
game laws, suggesting that the State may con
troll the use Of natural gas just as it controls
the killing Of game, for the benefit Of all thu
people OF the Commonwealth.
r A verdict Of R10o has been recovered agains
the London and Southwestern Railway Com
pany by Mr.. Compton-Smith. q barrister a
law, who was illegally detained one night las
summer in the station at lotion by the station
4 agent there because he would not give up hi
y ticket. Mr.. Compton-Smith had bought
ticket to Lyndhurst Road, and had taken pas
sage on q train which he was told went there
, but it stopped at lotion. This was very in
convenient for him, but he determined to go Of
, to his home on a tricycle. which he had wit
him. The station agent, however. would nc
q permit him TO leave the building unless b
o gave up his Lyndhurst Road ticket; and tn
q plaintiff was obliged to remain there ninet
o minutes until another train came along. Unde
d the English Railway Regulations act the pas
senger had a clear right to retain the ticke
under such circumstances, and Mr.. Justic
Grantham did not spare the station agent in hi
instructions to the jury. The public Is il
debted, he said, ITO a gentleman who will com
forward and show the railway company tha
they must not do these things. The static
master had been too long at lotion, an
. thought he could do what he liked. He imas
ined himself a kind of Alexander Selkirk. q moi
arch OF all he surveyed, and would not eve
n take the trouble TO look at the labels on NJ
: Compton Smiths luggage. Why should ht
o He was the station master at Tottonl" y
wonder the jury found for the plaintiff aftC
these few impartial observations from Il
bench
a An important international arbitration b
'e tween Great Britain and the Netherlands be
recently been terminated by the payment
Lord Salisbury Of a sum considerably in G.
cess Of S5o,0oO being the amount Rwarde
lg against the Dutch Government by the arb
y traitor, who was N. de Martens. a distinguishe
70 Russian jurist nominated by the Car at the r
quest Of the contending parties. The case
y known as that Of the Costa RIGA packet, a Bri
ish whaler, whose Captain was arrested /
ID the Dutch authorities In the East Indies son
y" years ago because he had picked up q dereli
~ vessel In the Eastern seas which was elaine
ID by Dutch citizens, and had appropriated AT
- sold her cargo. The arbitrator decided tn
whatever rights the claimants had, they we
to not enforceable in the Dutch tribunals or by Il
m harsh and arbitrary method. adopted by Il
colonial officials in the Dutch East Indies. II
r. seizure Of the derelict took place, not with
I'd the territorial jurisdiction OF the Netherlan
or any other nation, but upon the high sea
nd and as that seizure was made by "a British shi
any remedies growing out OF the wrong, II
"a wrong was committed, must be sought In t
hs courts OF Great Britain. The amount of t
award was mew smaller than that q
IA manded by the Captain and owners of t
ali Costa Rica packet, although it was evident
deemed satisfactory. The cost OF the arbitl
- ton was 81, $50. We have known cases In y,
" York where there was not half as much mon
sa involved in which the referees and stent
rapher's fees have amounted to more than the
costa