The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-06-13
NOTES OF LEGAL Events.

| early In tho week, and the announcement has
already been followed by much gossip as to his
! probable successor. Mr.. John ]. Allen, United
States Commissioners in Brooklyn, is regarded
as most likely to receive the appointment. Mr..
James McKeen, President Of the Hamilton Club,
and Mr.. Albert q. Mcdonald. who was Corpora
ton Counsel Of Brooklyn under Mayor Schioren,
are also spoken OF as candidates for the place.
II Judge William w. Goodrich were not OH the
bench OF the State Supreme Court, his experience
In admiralty law and his local prominence In
the Republican party would undoubtedly secure
him the nomination II he desired 1t. Another
able representative OF the admiralty bar, who
lives in Brooklyn and would mako an excellent
Federal Judge, Is Mr.. Wilholmus Mynderse. In
the judiciary OF the United States there are very
few Judges whose term of service equals that OF
Judge Benedict. He was appointed by Presi-
dent Lincoln when the Eastern District was
originally organized in 1865; and although
there have been many changes In the District
Attorneys office there, the District Judge has
remained the same. Among the District Attor-
neys the most prominent have been Benjamin F..
Tracy, General. Judge OF the Court of Appeals
and Secretary Of the Navy, and Benjamin ID.
Silliman, the beloved Ncstor of the New York
bar.
Tho summer session Of tho Court OF Appeals
began on Monday at Saratoga. On Tuesday q
number Of important decisions were handed
down. In the Brooklyn civil service case the
court denied the motion for q reargument. In
the case Of the Murray Hill Bank tho court
affirmed the decision Of tho Appellate Division
in this city to the effect that n proceeding In one
! uuoI y. I $500 u.oo "u
.o"o' u'N'e s so
dissolving tho corporation in o suit brought
by the Attorney.General in another judicial
department. The Third Avenue Railroad
Company was defeated In the Htigations in
volving the validity OF the grant to build what
Is known as the Kingsbridge extension. AIDE
cision of the Brooklyn Appellate Division as to
the constitutionality OF the amendment to the
Fisheries. Game, and Forest law which pro-
vides FOR the forfeiture OF vessels trespassing ON
private oyster beds was sustained. In this case
the court condemned. as being in conflict with
the Constitution, that part Of the amended
statute which assumes to authorize a Justice OF
tho Peace to decide, without a jury, whether q
vessel shall be forfeited or not.
80 pi'1sanI - a0m
1uuse d pfents poina " n pp'i NJ
', iN'
r I.e ust.'o Sc M ~ nNno
un.As' .A~C %. $500 .i" spp..I.'
wa" nas uono " nnpio .no nan.m
lion vi iu" IN tns o'y,ono u Ieoan N
Sossoe tenA Il ~ "eueto .eIm "non
he fpOk rharvR Of 1T and CnmnnrA thOaA tinaa
NH"Ho -" ~ nie'
As was suggested BY Mr.. Root and Mr.. Choate.
the public welfare demands the retention of
Judge Van Brunt ON the bench. "by the unani.
nous SURFACES of n generous and discerning
people." until he reaches the limit of ase pre-
scribed by the Constitution of the State.
-
The conshtutionality OF the now antitrust
laws, as they are called, was vigorously assailed
I n N TlaGhnv nj Alhanv hAfnFa InhUa Al1an
Chester of the Supreme Court, upon q motion TO
set aside his order for the examination OF a mum.
Der of railroad Presidents in reference TO the
alleged combination known as the Coal Trust.
ono OF these statutes enables the Attorney
General to make a general sort OF investigation
before bringing suit In a case where lie sns'
poets the existence OF any such organization
as the law forhids, ana FOR this purpose he
can compel the attendance OF witnesses before q
referee and examine them on all matters which
the referee may deem appropriate 10 the IN.
curry. such q proceeding LIB a novelty In our
jurisprudence, and was attacked by counsel
particularly on account OF It's inquisitoriai
character. Our impression Is, however. that
when the antitrust bills were before the Legis-
lature the counsel Tor the Chamber OF Com
merce In arguing against them did not question
their eonstitutionaiity' but dwelt rather on the
iacHities they would aHoFo ior tho ABUSE OF
on,cers
-
1t is not OFTEN that a dog case comes before the
supreme Court OF the Cnited states. louisiana,
however. has recently furnished such a case TO
that tribunal, which decided II Just before the
adjournment. Ihere Is a Louisiana statute
which provides that no dog shall be entitled to
the protection Of the law unless such dog ap-
pears upon tho assessment roll. and That IN q
civil suit 70 recover damages tor killing u dog.
no larger sum can Do awarded 10 the owner than
the assessed value OF the animal as shown upon
the latest roll. Tho New Orleans and
Carrollton railroad company was sued
for killing tho Countess Iona. q line
Newfoundland. 1t seems. says MIR. Justice
Brown. that while following her owner In q walk
on the streets, she stopped on the track OF the
railroad company, ana being otherwise engaged
for the moment failed 10 notice the approach
OF an electric car which was coming toward her