The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-10-17

lhc opinion OF the Court OF Appeals in Riley
eranhan's case has been published In full in the
NeW York Lao Journal. II is written by Judge
Ieiora II. Martin, all Of whose associates agree
win him that a person may lawfully be cx'
GUIDED permanently from the meetings Of any
racing association OF this State rs a penalty for
violating tho rule of tho New York Jockey Club
which prohibits the giving Of presents to
Jockeys. Mr.. Grammar was ruled of the turf,
as tho phrase Is, for giving n jockey $500 Tho
court holds that the regulation forbidding such
practices and furnishing them.by permanent ex-
clusion from tho race courses Is not unreasona-
BILE. The opinion would be more satisfactory,
however, IL II made some reference to one of.the
most important points discussed by Mr.. Justice
Hatch In the Appellate Division. This was that
the law as It now exists in New York gives to
the Jockey Club and the various racing associa-
tions q practical monopoly of horse racing for
money. The absolute control Of q great public
amusement is thus conferred upon these cor
porations. and IL Is essential to the interest OF
the people that they should not exercise that
control oppressivcly or by the imposition of ex.
cossive penalties for q violation Of their regula-
lions.
Tho retirement of Mr.. Justice Field seems to
make 1t practically certain that Attorney.Gen-
eral McKenna will succeed him on the bench
of the Supreme Court Of tho United States. In
his address to his associates Judge Field shows
that the Ninth Circuit was organized and the
membership Of the Supreme Court increased to
nine in order that there might be a member of
that tribunal who was familiar with the great
body Of law of Spanish and Mexican origin
which Is SO important a feature Of the juris-
pruence Of the Pacific States OF the Union. The
same necessity still exists, though not in the
same degree; and in any event the bench and bar
of the Pacific slope might reasonably demand a
continued representation in the Supreme
Court. The present Attorney.General, by rca-
son of his prominence as a lawyer in California,
his service in Congress and as Circuit Judge Of
the United States in San Francisco, and his
membership in the Cabinet, is n man OF SUI.
ficiently national reputation to make his ap.
pointment natural.
The New York State Bar Association, &C.
cording to the Buffalo Commercial will go before
the next Legislature with a recommendation
in favor Of a Board Of Pardons, to be composed
of three or more members whose duties shall be
to examine thoroughly all applications for par
dons and reprieves and report on the same to
the Governor for his action" 1t is suggested
hat such a system would relieve the Executive
of much onerous and disagrecable work that the
Governor is now called upon to perform person.
ally. This is not a sufficient reason, however, FOR
its adoption. The work Is important, and it
ought to be done by the Governor, as long as
the Constitution gives him the pardoning pow
er. He cannot properly delegate the examination
of the cases to any other officer or body of Off
GERS. II the proposed Board Of Pardons is to'be
merely an advisory body, it would be useless.
The Governor can obtain all the advice he needs
from the District Attorneys, the Judges, and
the prison authorities, under the existing law.
If the proposed board is to exercise the pardon.
ing power itself, the scheme c~ontemplates a con-
stitutional change which we should deem ex.
tremely Objectionable.
A constitutional question Of considerable in.
terest 10 the medical profes sion has lately
arisen In Ohio, and has just been.argued at Co.
lumbus before the Supreme Court Of that State.
1t involves the validity OF an act OF the Legis.
lature establishing a State Medical Board by
which medical practitioners must be licensed.
and under whose provisions unlicensed practi-
TONERS are liable to prosecution and punish
ment. The Constitution of Ohio expressly de-
clares that the judicial power of the State is
vested in a Supreme Court. Circuit Courts,
Courts of Common Pleas, Courts OF Probate.
Justices Of the Peace. and such other courts in
ferior TO the Supreme Court as the General AS
sembly may from time to time establish. 1t is
commended that this provision has been violated
by attempting to give the State Board judicial
powers in respect to the qualifications of doc.
tors. The statute is also attacked because 1t
d~iscriminates in favor of resident and against
nonresident practitioners. 1t has been held in
other States. however, that a distinction in ia.
vor OF residents may properly be made in legis-
lation OF this sort, as a physician who has prac-
tised in tho State will naturally know more
about the local conditions and prevalent NAL.
aides than q newcomer.
The Court Of Appeals on Wednesday unani-
mously affirmed the unanimous decision Of the
Appellate Division in the Second Department to
the effect that the statute fixing the term OF the
District Attorney Of Kings county at four year
does not apply 10 Mr.. Foster L. Backus, the
present incumbent, who was elected before
the act was passed. The result is that his
term is only two years, and expires on the 3lst
OF December next. The decision Is important
as an assertion Of the proposition that the new
Constitution did not confer upon the Legisla
ture the power to lengthen the term of an Off
Ger after his election. Furthermore, IL ap
proves tho doctrine that where the Constitution
authorizes the Legislature to make the tern
long or short, the minimum term prevails unit
the Legislature expressly establishes the maxi
mum, There may he some doubt as to tn,
term Of the District Attorney to be elected IL
Kings county this autumn. owing to the pecu
liar phraseology Of the statute by which tn,
Legislature attempted to extend the term Of Mr.
Backus. 1t assumes that he will continue fl
office until Dec. 81, 1899, and provides that hi
successor shall be chosen at the annual cleo
tion preceding that date for a term of fou
years, and thereafter District Attorneys of tn,
county Of Kings shall be chosen by the elector
of said county once in every four years. Unde
this law does the: four-year term begin afte
the election in ls38i
The Governor Of West Virginia has not BEEF
called upon TO exercise the pardoning power Il
behalf Of his wife, as 1t has been asserted h
would do In case OF her conviction upon Tia
trial for forgery, which resulted In a disagree
ment of the jury, with Il majority In favor o
acauittal. Since the trial he has exprcsse,
himself most enrphatically upon the conduc
and motives of the prosecution, expressly de
nouncing two Of the witnesses as perjurer.
Under the Constitution Of West Virginia tn
Governor can grant reprieves and pardon