The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-11-07
voTrs OF 1EoAE ErENrs.

io, NJ J,stice Alton b. Parker Of tho Supreme
yourt IN tho Third judicial district, to DO Chief
Judge Of the Court of Appeals in place Of
charlie. Andrcws, whose term expires by limi-
tation NJ are at the close OF the present year.
Judge Parker will DO the sixth Chief Judge
since the reorganization OF the court under tho
Judiciary article of the Constitution, which
was adopted In 1869. The other Chief Judges
during that period lave beer SANFORD II.
Church, Charles J. Folger, Wiliam Z. Kruger,
Robert Earl. and Charles Andrews. Judge Earl,
held the.ofice of Chief Judge only by
appointment. during tho greater part Of tho
year 1899, after the death Of Chief Judge Kruger.
Although Obliged to retire from the Court Of
Appeals upon attaining the ago Of 70, Chief
Judge Andrews 10 entitled to his salary for
eight or nine years moro, and II he is willing,
the Governor may assign him to duty In the
Supreme Court. should he request thus to DO
assigned, he would be an invaluable member
of the Appellate Division.
Tho promotion Of Mr.. Justice Parker will
leave a vacancy on the bench-of the Supreme
Court in the Third Judicial district, to be filled
for tho year 1898 by an appointment by the
Governor. That district was formerly Demo
cratic, but has gone Republican in the last two
Judiciary elections, when Alden Chester OF Al
bany and Emory A.. Chase of Catskil were re-
spectively chosen Justices OF the supreme
Court. Judge Chase's majority there last
year was upward of 10000. Gov. Black
will doubtless appoint q Republican, and Ul-
ster county will have a strong claim so far as
locality Is concerned. on account Of tho impor-
lance of Kingston and tho fact that the other
important parts Of tho district are well repre-
sented on the bench. Thus, Justice Edwards
lives at Hudson, Justice Fursman at Troy;
II..-.I, n-l ThAsfar 1.-Two at Alhanv
and Justice Chase lives at Catskill. When he
goes Into the Court Of Appeals, Chief Judge
Parker will leave Kingston for the first time in
many years without q resident Supreme Court
Justice.
Five Justices of the Supreme Court wero
elected In this State on Tuesday: Charles II.
Van Brunt and Francis NJ. Scott Of the borough
of Manhattan. in the First Judicial district;
Willard Bartlett of the borough of Brooklyn, In
the Second Judicial district; Pardon c. vii.
liams Of watertown. in the Fifth Judicial
district, and Henry A. Childs Of Medina, in the
Eighth judicial district. Except in the case
of Francis NJ. Scott. all these were re-elections
Judges Van Brunt, Bartlett, Williams. and
| Childs having been first elected to the Supreme
Court in 1888, when twelve members were
added to that tribunal under a constitutions
amendment adopted in the previous year. The
office of Corporation Counsel in this city hal
once moro proved n stepping stone to the bench
as in the cases of Circuit Judge Lacombe of thu
Federal Court, Mr.. Justice Morgan J. O'BrieI
of the Appellate Division, Judge George P. An
drews, and Judge Henry r. Beekman.
The Myers automatic ballot machine was uset
in the city Of Yonkers in the recent election
According to the NctD York Times, ut Is con
coded that in one instance one machine made al
error Of 2OO." The possibility Of such mistake
would seem to be q conclusive objection to tn
continued employment of this method OF regis
tering votes. In tho matter Of Many, whicl
arose In the city of Mount Vernon last.year, tn
Appellate Division Of the Supreme Court In tn
Second Department had occasion to conside
the question whether the setting OF the dial ]
the Myers automatic ballot machine at tn
figure prescribed by the statute before the vo
ing begins is a judicial or an administrative
function. In deciding that it was q purel
ministerial or administrative duty the Court r
marked that the facts of the oase:suggested II
possibility, not to sa, probability of errors In IL
operation of ballot machines which might gi'
rise to serious consequences in the future.
The case of Rupert va. the Brooklyn Height
Railroad Company In, which a Judgment 4
the plaintiff was recently reversed by the Coul
of Appeals, illustrates how Judges will diff
upon the question whether negligence may
NAV not be inferred from a given state
facts. The complainant's son was driving
!: wagon which came into contact with a pawn
! stone alleged to have been left in the street
. the carelessness of the railroad company. II
V shock Of the collision threw him of his seat
. the ground and he was run over and kille
. The main issue was whether the stone W
left in the street by the railroad corporation
somebody else. Four Judges of the Court
. Appeals thought there was not enough e
t dence In the case to justify the jury in &C
o Guiding that the defendant company placed
there: while three of the Judges thought 9th,
t wise. Thus, tho plaintiff rocovers nothing
the loss of his son, although seven Of the t
IS Judges who have heard the case in one col
sha. 80 ogreed that there was a.
d oF 0no'ne IL. a. his 90
% fCient PROOF 10 bubtAln q 'oroicI IL LAD ioN'