The sun., 1897-03-21
vorEs OF IEaAI ErENrs.


OF counsel. and without taking The matter un-
der adylsement. The defendant association
represents some forty railway corporations
which are parties to an agreement whereby
their rates and fares are regulated by board
OF managers so as to mako them uniform and
reasonable and as to prevent the practical
destruction OF some lines by the unrestrnined
competition of others. This combination was
attacked as n violnd of the national anti
trust law and also as forbidden by the Inter-
state Commerce act: and u suit was brought
against ths contracting parties In the name
of the United States asking for an injunction
reS.raininR the defendants from continuing
any longer to operate their reads under the
Joint traflc agreement. The case orlRl-
nnlly heard before District Judge Wheeler of
Vermont, who dismissed the com plant In Juno
last. His Judgment has now been Affirmed In
tho Appellate Court by Circuit Judges Wallace
and Lacombe. who hold that the Federal anti
trust act has no application to railroads, and
that the remedy ny Injunction Is not available
under the Interstate Commerce act Mr.. Wal
lace Macfarlane. the United States District
Attorney, represented the Government. while
Messrs. James c. Carter and Edward ]. Phelps
were counsel for tho railroads.
Already there Is sone gossip in professional
circles as TO the successor In the Court OF Ap-
oeals to Chief Justice harles Andrews, who
must retire from the bench at the emo of the
present year by reason of having attained the
age limit prescribed by The State Constitution.
Among Republicans we have he .rd mentioned
t names of william ]. Wallace OF the United
States Circuit Court and Alfred C. Coke OF the
United States District Court fer the Northern
District OF New York. Judge Coke is a nephew
Of the late Senator Roscoe Conklinr. On tho
Democratic side. II Is understood that Judge
John Clinton Gray would like to be promoted
from his place as an Associate to tina. OF Chief
Judge. and Supreme Court Justice Alton 4
Parker Of Ulster county. who has always ha.: .
good deal OF political strength with tho party
leaders, in the State. is also regarded prob
ble candidate. Doubtless the number of aspir.
ants will multiply as the year rolls on. 1t will
REQUIRE a good man. indeed. to be worthy sue
cessor OF the present Chief Judge.
A decision OF considerable IN, port lnce to New
York dealers in milk has been rendered by the
Interstate Commerce Commission at the In
stance OF the Milk Producers Protective Asso-
citation. which complained Of the acticn n of the
railroads leading from other Stat . into this
State In charKinG uniform rates on cream aud
milk from all stations on their respective lines.
without reference {, distance. This practice
is pronounced unlawful by the com mission be-
the New York market. The commission rec
ommends that there should be established one
rate for shinpInx stations within forty miles of
the terminal o. delivery point; second rate
for stations within the next sixty miles; third
rate for stations within the next ninety miles.
and fourth rate for all stations more than 90
miles distant from the place to which the milk
is to be sent.
\ constitutional question in which the Ma
tional Guard OF this State is much interested
was passed upon by the Appellate Division Of
the Supreme Court In the Se:ond judicial De-
partnent on Tue sday. The new Constitution.
after providing that the militia shall consist of
not less than 10000 enlisted men. uniformed.
armed. equipped. aud ready for service. de.
! clares II to be the duty OF the Legislature Ia
each session to make sufficien, appropriations
for the support of the National Guard. Herr
totore the expense OF luilding. repairing. and
caring for the armcres In the various cities
and towns has been borne as a county charge
by the Counties IN which the respective
mories are situated. The Comptroller Of Brook
lyn. nevertheless. recently refused to pay tho
armorer OF the Twenty-thrd Regiment In that
city the ground that under the amended
Constitution all such expenses must be de-
frayed out OF the State Treasury. The Appel
ate Division. howeve-. h bids otherwise. declar-
ing that the Legislature discharges its whole
duty when It appro 3rlates an amount at each
session which. in addition to the amonnss paid
for the armories in the several counties. suffces
TO maintain the National Guard at the full
strength prescribed by the Constitution.
on Tuesday the Court OF Appeals reversed
the Judgment OF the Appellate Division OF the
, Supreme Court In this city In the case of the
! People vs. Beaiamin HRwker. The Appellate
| Division had reversed conviction or the de-
! fendAnt in the Court Of General Sessions. aod-
! Ing that the indie ;ment was bad. and the ques.
| ton presented in the Court OF Appeals was
| whether a statute making 1t n misdemeanor for
! n person who has been convicted OF u felony to
practice medicine could apply TO a case where
| the convic ton occurred before the statute was
! passed. Tho Appellate Division, speaking z
| through Mr.. Justice Patterson. decided that
the statute was unconstitutional so far as is
assumed to affect persons convicted before the
| law wen into operation. and hence that Hawk
er could not be punished under the Public
Health law as amended in 1895. for practising
medicine. on the ground that he had been con
vtcted of a felony In 1878. Jus lice IngrahA m,
however. dissented from this view. and insist
| ed that the LEGISLATURE had the constitutional
power. as a matter OF police regulation. to say
that a person convicted Of a felony. however
| long ago. did not possess the necessary Qualn-
cations to practise medicine within this State.
! The action OF the Court Of Appeals shows that
| the Judges of that tribunal must have con.
CURED with him in that conclusion.
| The validity Of the appointment OF a stenog-
rapher. who had not passed competitive civil
! service examination, In the Office OF the Dis
| trict Attorney of this county, was Questioned
before Mr.. Justice Smyth in the Supreme
| Court on Friday in n mandarin, proceeding to
| compel the Comptroller to pay the stenog-
rapher's salary. II seems that the appoir tee
| aid pass An examination, but not com pc tive
| examina ion; and the claim TO exemption
from the latter Is based upon tho secret and
confidential character Of the work which de-
wolves upon shorthand writer employed in
| tho office OF the public prosecutor. The
learned Judge. however, announced tha, he
would reserve his decision until tho Court OF
Appeals had pas ,ed upon tho civil seryi e ques-
tiops involved in the Chittenden case from