The sun., 1897-10-31
norEa or 1EalL Er1Nrs.

MOTIFS OF JB8Ab 1ONAH
The courts have shown . praiseworthy
alacrity in hearing and deciding such election
controversies as have arisen since tho be'
ginning Of the present political campaign. IT
is very seldom that tho Court OF Appeals ron
ders decision Immediately upon tno con
clusion of the oral arguments OF counsel. Or
dinarily the case is reserved for consideration,
and weeks and sometimes months eiapso DO
fore 1t is decided. The action OF the court on
Monday, in the election case involving tho
validity Of tho Citizens Union nominations
was a marked exception TO the usual pro-
cedure In this respect. After an oral argument
In which counsel woro allowed TO speak only
fifteen minutes on side, the Judges an
nounced their decision without leaving tho
bench. holding that tho provisions OF the Elec-
ton law In regard TO nominations by potition
must be literally construed, and that II the
statute were thus interpreted the objections TO
the nominations could not be sustained. AL
tho courts before which the question has come
have agreed as to the rule of statutory con-
struction to be adopted, and II Is for the Bono
1T of all parties that this rulo has been finally
and definitely declared before the election.
Gorham Parks who died suddenly at Al
! bany on Tuesday, was the second Clerk OF tho
-
that tribunal in 1871. His predecessor was
the late Edwin o. Perrin, who died In 1883,
when Mr.. Parks was promoted from the posi-
tion OF romittitur clerk to the place which he
! occupied at the time of his death. He was an
! ehicient officer. OF courteous and ahable man.
ners. and was very popular among members of
, the bar throughout the State. He graduated
/ at Harvard College in 1854. In the same class
with Horace Howard Furness, the Shake
spearean scholar, and Truman Henry Stafford.
the astronomer. His successor will be chosen
by the Judges Of the Court OF Appeals, to hold
office during the pleasure Of the court. The
salary OF tho Clerk Of the Court Of Appeals is
! S., 900 year.
In a recently reported case decided by the Su.
| preme Court OF Illinois, that tribunal had
| casion to consider fee of $s5. 900 charged by
| Mr.. Edwin Walker, who is described In the
opinion as standing "at tho head OF his pro-
! fession as a corporation attorney, and in the
! general practice Of the law in the front rank"
for professional services for the Chicago. Dan.
| willie and Vincennes Railroad Company In a
| foreclosure suit and in the settlement OF a liti
| cation connected Herewith. The Court re-
duced the amount to $4,000, apparently be-
ing influenced by the fact that during the en-
tire period which the services covered Mr.
| Walker was attorney for another railroad at
Chicago at a salary of 5000 q year, was in re-
ceipt OF $4,000 year IS counsel for receiver
and was otherwise largely engaged in the con-
duct OF important cases in all the courts OF tho
city and State
A case which recently came before the Re.
oorder of Belfast in Ireland illustrates a dis.
tinction between tho letting Of furnished and
unfurnished houses which may not generally be
appreciated by lsymen. The suit was action
for rent by the landlord against the tenant Of
an unfurnished house under five years lease.
After occupying the premises only n short
rime the tenant had left, at the same time ten.
dering the keys to the agent Of the landlord,
who refused to receive them. The defence
was that the sanitary condition of the house was
such rs to unfit it for human occupation, and
the proof tended to show that child Of the ten
ant had dicd in consequence Of the defective
drainage. The Recorder held that the un,
healthy state Of the premises was clearly estab
lshed, but that the tenant was nevertheless
liable for the rent, inasmuch as a person who
hired an unfurnished house without any ex
press representation to its condition took II
without any implied covenant that 1t was fit tc
live in A different rule applied to a fur
nished dwelling In this State, however, 1t ha'
been hold that landlord who knows that
promises are infected with a contagious diseas.
Is bound to notify proposed tenant Of that fact
irrespective Of the furnished or unfurnished
condition of the dwelling.
The Court OF Appeals has just reversed sec
ond Judgment OF death against NJ artin V. Strait
who killed his wife and her sister, Mrs Whit
ford, by shooting them with revolver on q
street in Elmira ON Nov. 1T. 1894. An es
arrangement had occurred between the wife and
the husband which he attributed 20 the influence
! ,f ha,, tho,