The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-01-30
xorrs 81 EraAr rrsNrs.

Chief Justice and took his soat on tho bench Of
the Supreme Court Of the United States at the
opening Of the court nt noon on Wednesday.
His appointment was promptly followed by tho
nomination Of Gov. John W. Griggs OF New Jer-
sey TO DO Attorney. General. This nomination
was unanimously confirmed by the Senate on
Tuesday. Mr.. GriRRs enjoys an excellent rep
utation as n lawyer In his own State, although
ne is not very well known outside Its borders.
His friends arc confident that no will admin
lister the Affairs Of the Department Of Justice
with success. His professional ambition must
be stronger than his political aspirations. o; he
would hardly exchange tho post of Governor at
$4,000 a year for that OF Attorney General Mt
a salary Of $1,000. That no is willing to mako
the change 10 creditablo to him as q lawyer and
will commend him to tho profession throughout
the country.
Tho President put an end to tho contest for
tho office Of United States District Judge for
the Western District OF North Carolina on
Thursday by sending to the Senate the name
Of Hamilton Glover Ewart, a South Carolinian
by birth and formerly q Representative In
Congress with Mr.. Mckinley. The President
has already appointed to judicial positions q
number of lawyers who were his associates in
the House. Judge Ewar IL now a member of
the State Judiciary OF North Carolina. In that
State there 10 q Supreme Court consisting OF
FIVE Justices, there:are twelve Superior: Courts
with one Judge each, and there are criminal
courts held by two Judges. each of whom is as
signed to sit Uncertain counties. Judge Ewart
10 the Judge Of the Criminal Circuit Court held
in Buncombe, Madison. Haywood, Henderson,.
and Mcdowell counties, all Of which are In the
mountainous region in the western part of the
State. Robert Nj. Douglas. who was n candi-
date against him for the Federal Judgeship, is
one Of the Associate Justices Of the Supreme
Court Of North Carolina.
The Court Of Appeals on Tuesday rendered
q decision of considerable Importance to life
Insurance companies which are conducted on
the assessment plan. Joseph r. Swan sued the
Mutual Reserve Fund Life Association in
Oneida county, alleging in his complaint that
the company had agreed with him to create
and maintain q reserve fund, stimulating that
when 1t reached a certain amount the surplus
should be divided among the policyholders, and
further charging that the association had failed
to create or maintain the und as promised,
and had diverted its net earnings to other pur-
poses. Upon this state of facts the complain
ant asked that the company be compelled spe-
officially to perform the contract which 1t had
made with him for life insurance on the as
sessment plan. The defendant demurred to the
complaint on several grounds, but the COM
plant was upheld at the Special Term. In the
Appellate Division of the Fourth Department,
however, a majority Of the Judges held that
the suit could not be maintained IL because an
action of this character IL maintainable at oil
must be brought not only against the insur-
ance company. but against its officers; and t2)
because under the provisions Of the Insurance
law only the Attorney-G General or a Judgment
creditor of the corporation is authorized to
bring such a suit. The Court Of Appeals agrees
with the Appellate Division that the complaint
is insufficient. declaring that the Insurance
law was designed to protect domestic insur-
ance corporations from unfounded attacks by
policyholders who may be actuated by unwor-
thy or dishonest motives. Hence the action
must fail because not brought by a party who
can maintain it.
The question whether a policeman Is entitled
to a hearing before he can be dropped at the end
of his probationary term was involved in the
matter of the application Of Murray, decided by
the Court of Appeals on Tuesday. Murray had
been appointed q patrolman on tho Brooklyn
police force for a probationary period of SIX
months. At the expiration of that time, the
Commissioner of Police directed that his name
should be dropped from the rolls of the depart.
ment. Upon proceedings for his reinstatement
IL was COnlehueu tuuU tnc SOulnllSblOutT nhu IO
right to remove the officer without a trial or
hearing. but the Supreme Court held that the
simple refusal to bestow a permanent appoint
ment upon him was not equivalent to a removal
ard that the very purpose Of prescribing that
tho term of six months should be probationary
was to permit a discontinuance OF his services
without any formal trial at the end Of that peri
cd. The Court Of Appeals must be Of the same
opinion. as it.has affirmed the order of the courts
below. refusing to reinstate the applicant.
A good story comes to us from the Eighth Ju-
dicial district concerning Judge Henry A..
Childs-of Medina, who has recently been reflect
cd a Justice of the Supremc.Court and to whom
the Governor offered the place on the Appellate
division in Brooklyn recently vacated by the re-
tirement of Mr.. Justice Bradley. Judge Childs
ia very particular about the temperature In his
courtroom. He likes 1t pretty warm and has
fixed upon IA Fahrenheit as his standard. In
holding a long term of court, he kept his eye
upon the thermometer, which showed such fire.
uuent changes in the temperature that the Off
Ger attending upon the Judge was constantly &C.
cupied in trying TO make the room warmer or
cooler, as the thermometer seemed to require.
After a time the officer got tired of this. and
having a certain mechanical genius. hc took the
Thermometer home one night and so manipulated
IL tudl IL NOulu iCBiotCl "a ~ bhO ouueC CSNo
whatever might be the real temperature. After
this he had no more trouble. and the Judge was
content.
The Queens Bench division of the High Court
of Justice In England was recently called upon
to deal with IN extraordinary offence on the
part of a Welsh solicitor, Mr.. William Robert
Davies. who for three years concealed the exist
cnce of a will and sought to justify his act 'on
the ground that a disclosure of the document
would have been injurious to the client from
whom he obtained 1t. The court suspended
him from practice for two years. which certainly
was not very severe punishment for his mis-
conduct, especially as it appeared that he had
also prepared an affidavit containing false state
mcnts concerning the property to which the
will related. Mr.. Justice Wright exonerated
him from being actuated by any evil motive,
but said that this constituted no defence to the
wrongdoing by which he had kept the parties
interested under tho will out of an income of q