The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-09-05
xorEs or LEeAL nrrxrs

largo circle OF frienus Wnon they had In COM
mon In this city. In his knowledge Of the
criminal law and tho law Of criminal proce.
dure Mr.. Rollins had no superior at tho New
York bar; and he was unqucstionabiy one of
tho ablest Surrogatos this county has over had.
Col. Bliss was older, and first became promi-
nent in public affairs as q member of Gov.
Morgan's staff in the carly days OF the civil
war, when the Governors staff was something
moro than an ornamental body. Subsequent
", rs counsel for the Metropolitan Board Of
Health, he laid tho foundation for the high rep
utation which he acquired as a vigorous, indie
f~atigable, and successful public prosecutor.
Notwithstanding his constant activity as an
advocate, Col. Bliss devoted much time and la
Dor to the literary side Of the law, and was tho
author or editor Of legal works of much use
fulness to his profession. Another notable
| death of tho week has been that OF State SEN
| ator Mullin Of Watertown, n. V, q prominent
lawyer In the Fifth judicial district, whose
father was for many years n wcll-known JUS
tico Of the Supreme Court. MIR. Mullin spent
the evening before his death with Judge Mar
tin L. Slower Of the Fourth district, who has
been down in this city holding court, and the
Senator then appeared to DO in perfect health.
It Is announced from Albany that Attorney
General Hancock has written an opinion to tho
effect that q Postmaster cannot lawfully act
as an Inspector OF Election under tho Election
law Of this State. Wo arc surprised that any
serious question should have arisen on the sub
jcct. Tho statute expressly provides that no
person shall DO appointed or elected an In
spoctor of Election, poll clerk. or ballot clerk.
who holds any public Office or place OF public
trust, except notary public or commissioners Of
deeds, whether elected or appointed, or who Is
employed in any public Office or by amy public
ntUnnr ,yh,so aaryi,na ~ mid for nut pf tho
public moneys, or any person who is appointed
OF elected to or accepts public office, or such
appointment therein or by any public officer"
Possibly some one supposed that the exclusion
was limited to persons In public office under tho
State Government; but 1t undoubtedly eH-
tends to all who exercise public official power
hero, whether under state or Federal authority.
An exceptional use Of tho equitable remedy
by Injunction has been made at Washington
in q suit brought against tho Postmaster-Gen-
eral by Mr.. John G. Woods, the Superintendent
of Mails at the Post Office in Louisville, Ky. 1t
appears that the plaintiff has been ordered by
the ostmaster-Gener to resume the place
which he held |. the railway mail service
before he became Superintendent Of Mails at
Louisville. The Post Office authorities insist
that the latter position is in the nature Of a
temporary assignment to a particular duty,
and that the plaintiff may be sent back to the
place in the service from which he was called
without any violation OF the civil service regu-
lationS. Mr.. Woods, however, thinks other.
wise, and has obtained from Chief Justice
Bingham OF the Supreme Court of the District
Of Columbia an injunction restraining the Post
master-General from e~ffecting his removal
pending the final determination Of his rights in
the matter. Tho granting of such an order
seems n departure from the well-established rule
slat a-..N "a ,--,N. .rI11 --s .atn - l- .,nn va
Of injunctive relief TO determine questions con.
corning tho appointment OF public officers and
their title TO office.
From a circular just issued by the Secretary
Of the Treasury and the Attorney. General in
respect to the enforcement of the Chinese Ex-
clusion laws. 1t appears that a curious and i'm
portant question concerning the status OF the
children Of Chinese parents is now pending in
the Supreme Court of the United States. When
such children are born in this country, arc
they citizens Of the United States or does their
Chinese parentage make them subjects OF the
Emperor OF Chlnai The Fourteenth Amend
ment to the Federal Constitution declares all
persons born or naturalized in tho United
Statcs and subj, ct to the jurisdiction thereof
to DO citizens OF tho United States, and Of the
State wherein they reside. Our laws forbid
tho naturalization OF Chinese, but as to chill
dren born here OF Chinese parents the qucs-
ton as TO their citizenship must depend upon
whether they are to to deemed Subject to tho
Jurisdiction" Of tho United States within the
meaning Of this article OF the Constitution.
A striking illustration OF the tendency toward
abuseG Of official power by local boards of
health II is found in the case Of Eckhardt VS.. the
city OF Buffalo, recently decided by the Appel.
late Division of the Supreme Court In tho
Fourth Judicial Department. The plaintiff
sued to set aside an assessment for upward OF
$500 which the city had imposed upon her for
expenses incurred In abating a nuisance on her
promises, consisting OF an open privy vault.
Whatever nuisance there was could have been
abated simply by cleaning out the vault, but the
Health Commissioners OF Buffalo went further
and erected new water-fushed closets on the
other side Of the plaintiffs lot and charged her
with the expense. This tho court holds he had
no right TO do. He was authorized to abate the
nuisance In any reasonable manner, but not to
go on and make sanitary improvements at the
expense Of tho plaintiff for the benefit OF her
tenants. There was an attempt to justify this
extraordinary action because OF tho ~existence
OF Asiatic cholera at the time in certain sea.
ports OF Europe having communication with
Buffalo, In consequence OF which tho Board OF
Health had issued a proclamation declaring the
city to DO In great and imminent peril by rca.
son OF an iInpcHulhB pSotiiChto. "E. JUSTICE
Green, who writes the opinion OF the Appellate
Division, ridicules this proclamation, and says
tho great and imminent peril had no existence
except as = fantasy.
Insurance law 10 fertile in curious and In
genious defences. The Metropolitan Insurance
Company issued a policy to Mary Wells on the
lifo of her brother. which policy declared that
the liability OF the company should cease II the
insured should thereafter "be connected In any
capacity with the ale. wine. or liquor business
unless SO specified In tho application for insur
ance OF expressly permitted by the writer
sanction of the President or Secretary OF Thu
corporation. In q suit on this policy the com
pany alleged that the insured had broken thi!
condition. 1t appeared that the sister went int
the saloon business some time after obtaining
the insurance upon the life Of her brother, anc
that no too his meals at her house and occa
, sionaily volunteered to wait on customers a
the bar when his sister was absent. He wa
A not employed by his sister, but performed ti