The sun., 1897-03-28
VOTES or 1EeAL HyExrs.

| ton, which was announced on InesuaS, is ln
most important judgment which has been ron
dered by that tribunal since the Income tai
cases we're decided. It definitely establishes
the applicability OF the Antitrust act to rail
roads al we'll ns other corporations. and con
strucs the statute as forbidiinG any contract
in restraint of trade whether such contract II
reasonable or unreasonable. In other words
the fact that an aOreenenJ NAV actually oper
ate for the benefit of tho public does not save II
from the condemnation of tho law, II IL has
the effect of restraining trPdc or commerce
The decision also afflrms the right os the United
States, through the agency OF the Attorney,
General, TO maintain civil suits TO prevent the
fulhlmert CT contracts which are prohibited
by tho Antitrust act. It is sugGestcd TINT
the railroad companies will cndeavor to have
the law amended 30 as TO permit them to enter
iato pooling agreements regulating freight
charges. rovided they obtain the approval OF
the Interstate Commerce Commission.
The Albany bar has sustained n severe loss
during the past week in tho death OF Matthew
Hale. who was among the last of n group of
distinguished lawyers who were prominent at
the State capital twenty years ago. He was
born in Vermont in 1929 and was graduate of
the university OF that State. In 1853 he was ad-
mitted TO tho bar in Washington county. n. Y.
He practised law first In Poughkeepsie and
then In this city. until 1868. when he removed
to Albany and entered into partnership With
the late Samuel Hand, who was afterward q
Judge OF the Court Of Appeals From this
time on Mr.. Hale became well known as an
able and successful lawyer. Charles $. Fair
child. aftcrward Attorney General of the State
and Secretary OF the Treasury of the Unto
States. was for some years q member OF the
came law firm. This firm. until Judge Hand
retired from 1t in 1881. enjoyed the use of the
old Cowen library. which had belonged TO Judge
Eek Cowen, and was purchased from his es-
tate by Peter CagRer. who was killed by a run
away accident in Central Park in 1868. In an
article on Nicholas Hill, contributed 10 the
Green Bag in May of last year. Mr.. Hale says
that Judge Cowen's law library was consid-
cred during his life one Of the largest and best
In the country. and adds: Judge Hand died
ings Learned Hand. then minor. now in tae
senior class of tie Harvard Law School, who 10
one one Of the largest St and md most % complete ] private
law libraries In the State OF New York"
Tho Constitution Of this State forbds any
Judge or Justice from sitting in the Appellate
branch OF any court or In the Court Of Appeals
In review Of a decision made by him. or of any
court Of which he was at the time q sitting
member. 1t has generally been assumed that
THE prohibition applies only to the orGer or
judgment from whI,h the appeal is taken. but
tho Court OF Appeals has given the provision
broader construction in the recent case of
Van AIsdale VIZ. King. which went up from the
old General Term in the Second Department..
Judae Dykman had made an order granting
leave TO bring an action upon n certain iLdg-
ment. Application was made to Judge Gaynor.
upon affidavlts. to set aside this order. judge
Gaynor denied the motion. and from his order
an appeal was taken to the General Term.
where 10 was heard by court In which Judge
Dykman sat- The Court of Appeals holds
that he had no power to act in the case. inas.
much as one OF the princir al questions brought
up for rsview was whether HIS own original
order was properly granted or not. Judge
Dykman's attention was not called to the fact
that this order was granted by him. but this
Is declared TO 10 an immaterial consideration.
Mistakes OF this character" says Judge
Hai0ht. arc not uncommon. LittRants are.
ana determined by a constitutional court. ard
We would not be justified in depriving them OF
be-" A rehearinE was ordered. before the Ap-
pellate Division.
A curious question was raised in behalf of
the plaintiff in the case Of Marrinan vs.. the
New York Central and Hudson River Rail-
road Company. lately decided by tho Ap-
ocllate Division of the Supreme Court In the
Fourth Rochester) Department. the opinion
being written by Mr.. Justice Follett, for
merly Chief Judge 5f the Second Division OF
the Court OF Appeals. The plaintiff. who was
a plumber in the employ of the rnilr Dad com.
pany ut the Rochester depot. had been crushed
between two cars by reason of tho NOV ement
Of locomotive. caused by q fireman named
Nolan. and he sued the Central for damages In
1N 81
Among other things. he offered to prove that
Nolan. by reason OF his reckless and careless
habits. was called CRAZY Nolan" but the
trial court would not receive the evidence. Tho
Division sustained this ruling. hold
Ing that the incompetency of an employee can
not be shown in this State by general reputa-
ton. The rule is otherwise in Massachusetts,
and Pennsylvania. "Nicxnames." sayA Judge
Fnllett. ARE not so generally expressive OF the
OF tho person to whom they are
applied as to be competent evidence for the
pur BOSE of proving that the bearer Of the
the nickname" 1t appeared that the loco.
motive had been moved by the fireman only A
few feet. the engineer being near by on tho
ground; and dismissal of she complaint was
affirmed.
\ number Of important bills relating to tho
Federal judiciary have already been introduced
In ths new Congress. Among them is q pro-
po sed act authorizing every Judge of a Dis
trict Court Of the United States to appoint n
reportr. at q salary Of Sc 400 a
year. to be known as the reporter CT the United
States courts and to hold office during the
pleasure OF the Judge appointing him. or of
tho successor Of such Judge. These stenos
raphers are to he allowed to charge 90 cents n
folio for transcripts OF their notes. and 10
cents folio for carbon copies. There are also
bills to raise tho salaries Of the several United
u