The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-07-04
Norns or EBeAE Errx1s.

pecpeo In brooKlyn. Ills name had not beon
publicly mentioned in connection with the
place until It was sent to the Senate ON Friday.
Mr.. Tennay n . man Of education, q success
full advocate. and an effective political speaker.
He graduated at Dartmouth College In 1859,
being q classmate there Of Col. Fisher A. Baker,
q well-known member of the New York bar.
For twelve years he was United States Attor-
ney In tho Federal district Of which he IL now
to DO Judge, and he thus acquired q very thor
ough knowledge of the criminal law as ad-
ministered in the Federal courts. This he will
probably soon DO called upon to apply practi-
cally in tho trial Of tho sailor who killed a pet
ty officer last week on the Indiana at the Brook.
tn Navy Yard. While tho Admiralty bar
doubtless desired the appointment Of q dis
tinotly admiralty lawyer, we feel confident that
Mr.. Tenncy win provo a capable and accepta-
Bile Judge. He is q man Of absolute integrity
Of character, and, after oil, that is tho main
thing.
A bill was passed by the Legislature Of 1907
providing for the reorganization Of the Staten
Island Police Department. 1t vested the power
Of appointing the two Police Commissioners in
q board consisting of tho County Judge, the Dis
trict Attorney, and the Sheriff. and directed
that not moro than one Commissioner should be
chosen from the Same political party. The
statute was attacked In the courts mainly on the
ground that In bestowing such power Of appoint
mcnt upon tho Sheriff Of Richmond county, IL
virtually conferred an additional office upon
him. whilo the Constitution Of the State de-
ciarcs that q Sheriff shall hold no other office.
This point was oveIrulod In the Supreme Court,
and tho decision sustaining the validity of the
law was affirmed by the Court Of Appeals at
Saratoga on the day OF the adjournment for tho
summer vacation. On Friday the appointing
hoarJ wat md choaa Chorlas w A1ornpdar aa
the Republican Police Commissioner and Cor
nelius A. Hart as tho Democratic Commissioner
Mr.. Hart was formerly tho County Clerk Of
Richmond county, and a most efficient and
popular officer. He Is an old-fashioned Demo
crat Of the best type.
Tho modern practice of rcbuking jurymcn
seems to DO growing IN favor with the bench. A
few months ago Mr.. Justice Werner Of Roches-
ter, while holding = term Of the Supreme Court
in the Seventh Judicial district, attracted much
attention by his severe denunciation Of the
failure of the Grand Jury to indict an accused
| county oflcer. Last week, according to a
Brooklyn newspaper, County Judge Aspinal
of Kings county. in discharging two lads who
had been acquitted by o jury, told them that
they ought to have been convicted, and would
have been II the Jurors had had as much expert
ence as the Judge. On Friday, at Trenton, Mr..
Justice Gummere Of the Supreme Court Of New
Jersey told the Grand Jury that they ought to
have indicted O particular officer, whom he
named, saying: There ia not q doubt but that
he violated the criminal law. There Is no es-
cape from indicting him except wilful viola
ton of your sworn duty as jurors" We do not
say that some latitude ought not to be allowed
to the Court, In order that the Judge may guide
jurymen to a correct appreciation of their obn-
cations. but there 10 o tendency to go beyond
reason and p~ropriety in this matter. 1t is just
possible that there arc some cases in which tho
Jurors arc right and the Judge Is wrong; and
under such circumstances they must find it
very exasperating to be told from the bench
that they have violated their sworn duty.
All the six members Of the Court Of Appeal
In England sat together on the 18th and 18th OF
June to hear one of the cases involving the
legality of betting on race courses. The Mas
ter Of the Rolls presided, and at the conclusion
Of the argument the Judges reserved their de-
cision. The appeal was from q judgment rem
dered by Lord Russell, who followed an earlier
ruling by Mr.. Justice Hawkins to the effect that
betting in the Enclosure known as Tattersall's,
on English race courses, was an offence against
the statute known as tho Betting Houses act
Of 1883. Tho proceedings In tho Court of APP
peal consisted OF q running argumcn by coun-
sci with constant interruptions by tho court,
many Of them ~satirical and jocose. Sir Frank
Lockwood was the leading counsel for tho
Kempton Park Race Course Company. which
had been enjoined from permitting bets to be
made upon its track. and Mr.. Asquith repro
sented tho plaintiff, q shareholder named Pow
ell, who had procured the Injunction. The
Master of tho Rolls minated a pretty strong
opinion. that the act Of Parliament was not in.
tended to prohibit betting on race courses at
all, and that the prohibition which It con.
tanned against betting in q place" referred only
to q place like a house, room, or office. "f you
say" he remarked to Mr.. Asquith, that Ascot
race course, or EPSON Downs. or Doncaster
Town Moor is the same sort of q place as a house,
office, or room. all l can say 10 that ! cannot
swallow that" Tho observations from the
other members of tho court were equally ad.
verso to the maintenance Of tho Judgment.
A CRY for justice comes TO Congress from
Alaska. Away up In the Yukon Valley Is a place
called Circle City, whore there IL q population OF
5000 loyal citizens Of tho United States. Sitka,
the capltal Of Alaska, where tho Federal court
Ii held, IL so remote tina. the people In and about
Circle City cannot go 30 far to obtain judicial
assistance or protection; and they want Con
Rress to give them q court in their own region
In O letter addressed TO tho Governor Of Alasks
by MT. teOTKt W. 1hOIBuu, WIN coCTlDC MIN
self as tho Chairman Of tho Grand Jury al
Circle City. tho writer says that at would tax.
ono year for a witness to leave here and attend
court In sitkA, thereby causing not only q groa'
loss of time, but great expense TO himself, as HI
would not DO able to return hero until the mex
year" 1t appears from q petition accompany
ing this letter that the Grand Jury OF which Mr.
Morgan was Chairman was u select body o
citizens appointed at a meeting OF the resi-
dents of the mining district ito inquire into th'
causes which led to Q recent homicide in GU
midst" and that in fact there Is no administra
ton Of Justice whatever there except who'll!
outside the law through tho agency OF miners
meetings. This 10 an evil which ought prompt
IL TO be remediod by Congressional action.
Tho decision Of tho Appellate Division Of tn
Supreme Court on Friday in tho Eighth Ave
nue. Railroad htigations came moro speedI,
than was anticipated. Tho purpose of the suit
was TO restrain tho Commissioner Of Publ
worka from permitting tho Metropolitan Stree