The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-08-08
NorEs OE EreAn nrrnrs

SeOrR1a II the Hon. Samuel Lumpkin, Associ.
ate Justice. Under the State Constitution as
amended last autumn tho court may cit
either as one body or in two divisions Of three
Justices each, and whenever three Justices are
assigned to n division under the latter ar.
rangement, two Of thom constitute q quorum
Tor that division. Referring to some cases
heard by n bare quorum. tho reporter says:
Several decisions will appear to have boon
mado by two Justices. In these Justice Lump
Kin was providentially absent, except two
where tho Chief Justice did not preside and two
whore Justice Atkinson did not preside To
say that a Judge was providentially absent
from the bonch when your case came on for
hearing would not ordinarily DO regarded 40 q
compliment to the missing jurist; ret we have
no Idea that the reporter used tho expression
In a derogatory sense. Providontially means
IN q providential manner, by means Of Gods
providence" and the reporters statement was
etymologically correct, though liable to bo mis-
understood.
In tho same volume COZ Georgia Roports) is
Q remarkably clear exposition by Mr.. Justice
Lumpkin OF the legal obligation Of one who
maintains dangerous electric wires in a public
street to take suitable precautions to prevent
others from being thereby injured. The case
was that OF a telephone Iineman who was
titled by q current Of electricity emansting from
The highly charged feed wire of a trolley car line
In Atlanta. The Court held that the railroad
company was bound to exercise ordinary dill
Eenoe not only to prevent Its feed wires from
coming Into contact with the wires Of the tole-
phone, but also to prevent q continuance of
such contact even when occasioned by the care
lessness OF third persons. 'Tt cannot DO doubt
ed" says Justice Lumpkin. shat the owner Of o
ferocious lion would be bound to keep him 90.
curcly Gagged In order to prevent harm To
others; and even II q negligent or malicious
person should open the door Of tho lion's cage
and allow him to escape, there should DO no
unreasor able delay on the part OF the owner
In discovering this fact and In taking diligent
eteps looking to the rocapture Of the animal.
The feed wire Of the railroad company, from
the very subtlety and intangible form Of tfo
danger that turks therein. II much moro dan
gerous than o score OF lions." We should say
that Mr.. Justice Lumpkin was o Judge whose
absence would always take away from the
picturesqueness OF the court
The effort to establish uniform laws in the
several States Of the Union seems likely TO DO
successful 90 far a. relates TO tho law Of PROM
issory notos. bills Of exchange. and other forms
OF negotiable paper. On Oct l, 1897. the new
statute known as tho Negotiable Instrument
law. which was enacted BY tho last Legislature,
will go Into effect In this State. This statute
was prepared BY Mr.. John J. Crawford Of the
New York bar, at the instance Of tho Commits.
sioners on Uniformity OF Laws. and Is designed
to be . complete codihcation Of the generally
accepted law relating 70 bills and notes. It
has already been enacted In three other States:
Colorado, Connecticut, and Florida We have
received from AFR. Crawford an annotated edi-
ton Of this important enactment. published In
this city by Messrs. Baker, voorhis & Co.,
which must prove Of great value to all those
who desire to understand the genesis of the stat
ute. and the reasons which have led to the
adoption Of one rule rather than another, where
there has been conflict in the decisions of the
courts.
Prof. Isaac F. Russell, LID, Of the Universe.
ty Law School, has sent us q thoughtful and In.
structive pamphlet on the influence Of kinship
In the evolution of law. II Ia entitled: Tho
Vendetta, or How Law Evolves from the Pa
triarrhial Cell" The analogy suggested by
the title Ia rather remote, but the essay contains
many good things. We note the following state
ment. which Is Of particular interest Just now
when so much attention Is being attracted by
our now gold fields: "As late as the last year
Of MIR. Arthur's Administration the President
Of the United States, In a message to Congress,
remarked the entire absence Of civil authority
In Alaska, except as represented By one station
In the customs service. There was no law for
the collection Of q promissory noe. the punish.
ment Of q murderer. or for devolS ing the estate
Of q decedent." There has been much improve
ment since then, 60 far as the enad ment Of poe.
tive law for the Territory is connect aed. but the
machinery for enforcing the law is still notori.
ously insufficient.
The old General Terms Of the suu eme Court
in New York and Brooklyn were not 1 !, the habit
of holding court In midsummer; but II Is diff
ferent with the Appellate Divisions under tho
new judicial systom. During the past week.
both hero and In Kings county. there were vaca-
ton sittings Of the Appellate Division. In
Brooklyn. on Monday, the Court heard hve ap-
peals from ordera. most Of which wcro de-
cided on the following day. Tho most impor.
tant decision rendered was that which upheld
the action Of the town authorities of Jamaica
in acquiring q part Of the old King estate for O
village park ct IN expense OF $4,000. In
this city the Appellate Division heard thirteen
appeals from orders on Tuesday and decided
forty-six cases on Wednesday. exclusive OF mo-
tons. 1t affirmed the conviction Of Isaac
Fucker of the crime of arson In tho trst do
gree. though only by a divided court. The de-
PENDANT was charged with firing a building In
Division street, but proof was received upon
the trial tending to show that he burned O
building In Newark q short time previously.
OF tho Judges deemed the evidence admissf.
Fucker had said he would arrange matters so
that both buildings would go on" at the Same
time.
A committee of the House Of Lords Is engaged
In taking testimony with reference to the OK.
podiency Of e~nacting certain amendments which
have been proposed to the English copyright
law. Mr.. Bran Stoker. the well.known theat-
rioal manager. recently appeared AZ q witness
before this committee, and urged the passage
Of a bill similar TO our new act OF Congress
which imposes u specific penalty for the unau-
thorized representation OF a copyrighted dra.
matte or musical composition In public. He
would prohibit private representations also. MIR.
Stoker thought that lecturers, too, should re-
ceive more protection than tho law now gave
them. and that the publication Of q lecture In
tho form Of q pamphlet or book ought: not to
give others the right to deliver the matter cub
sequentiy as q lecture. Furthermore. no de-
clarod that an author should have the sole right
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