The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-06-19
NOTES or Legal EVENTS.

"A NSN AAhAstN9 w ~ $50 49, -
their removal. An action was brought In their
behalf by the Attorney. General to GUST the new
Commissioner named by the Mayor to succeed
them; and In this suit, which came on for trial
before the Supreme Court In KINGS county. Mr..
Justice Garrstson on Thursday directed the
jury TO ind = verdict for the plaintins. He
held that the old Commissioners were not mu-
nicipAl officers having charge OF a work OF local
Importance only, but that they wero State
agents carrying on o State entorpriso; and
hence he concluded that they were not remov.
able either by the old Mayors of New York and
Brooklyn or BY the new Mayor Of the GreAtsr
Now York. The case will go to the Appellate
Division of the Supreme Court, and then to the
Court Of Appeals, Of course; but 1t can hardly
get through both Of these tribunals, II indeed
1t gets through either, before tho summer va
cation. 1t is stated that Judge GRrretson at
once granted q stay of proceedings to enable
the new Commissioner to review the judg-
mont of custer against them. In this class of
cases, however, the statute provides that tho
successful parties may Immediately take upon
themselves the execution Of the office. after
taking the oath and giving the security re-
quirod by law.
In the latest pamphlet number Of the Com.
bined Official Series of the New York Law Re.
ports we find the Appellate Division Of the SUI
prcme Court in Manhattan at variance with
the Appellate Division in Brooklyn in respect TO
the question whether q trust can DO created for
the accumulation Of rents or income for the
purpose OF satisfying mortgages or charges upon
real estate. The Appellate Division here in
tho case Of Hascall W. King, roasserts the prop.
osition which it laid down last year In the case
of Becker VS.. Becker u3 Appellate Division Re.
ports, 342) to the effect that our statutes per-
init the creation Of a trust to receive the rents,
income, and profits of real and personal prop
erty. and devote the accumulation to the pay
ment OF membranes on n part OF tho real
estate. On the other hand. the Appellate Di.
vision OF the Second Department. speaking
through Mr.. Justice Cullen, said last Novem-
Der in the matter of Rogers; Our laws forbid
accumulation, except for tho benefit OF infants
In being during their minority. No principle
Of public policy declared by our statute law
has been more firmly and rigidly upheld by the
courts than this inhibition against accumula.
tons. The accumulation must not only be for
inta nts, but it must be exclusively for infants,
80 much SO that II an adult or person not in be-
ing Is TO share In the accumulation, then a trust
for the accumulation 10 void" Presiding JUS
tice Van Brunt dissents from the view of his
judicial brethren in this city and agrees with
judge Cullen that the law prohibits an accu-
mutation which is not limited to the minority
OF the beneficiary.
Ser2Iulno OLuAT, the actress VINO WaB 6uCn q
public favorite ten years ago in 1.-The Mikaoo,'
THE Pirates Of Penzance," and others of Sui
livan'S operas, has recently been a successful
plaintiff in a negligence SUIT against the Lon
don and Suburban Omnibus Company, She
was driving with q lady friend in q dog cart at
Tuickonham, when ono of the defendants ON
nibuBes collided with her vehicle and tipped it
over. The plaintiff suffered q fracture OF the
left leg, near tho ankle. and was compelled to
go to q hospital for the necessary operative
treatment. The defendants counsel tried to
show that she was not a good driver. but she
sustained the cross-e1amination very well on
this part nf the case and showed that she had
driven ever since she was q child, both in single
and double harness, and in America as well az
in England. The jury gave her a verdict of ESQ,
the equivalent OF So, $50, as 1t appeared that
her medical expenses had exceeded 81. 800.
Geraldine Ulmar's legal namo is Mrs. c. G. Til
kin, az she married some years ago a gentleman
Of that name, better known as Ivan Caryll.
The jury system of Utah was radically
changed when the Territory became q State.
So long as Utah remained a Territory, the pro-
visions Of tho Federal Constitution in regard to
the right Of trial by jury in criminal cases ap.
piled to prosecutions for crimo there, and the
jury could not be composed of less than twelve
persona. Tho State Constitution of Utah,
however, preserves the former system only in
crimes punishable by death. I'm capital cases
tho right of trial by jury shall remain inviolate.
In courts OF general jurisdiction, except in cap
ital cases. u jury shall consist Of eight jurors.
In courts Of inferior jurisdiction a jury shall
consist of four jurors. In criminal cases. tho
verdict shall be Unanimous The Supreme
Court of tho United States has recently decided
that an Indictment for a crime less than capital
alleged to have been committed in Utah before
| A.. S.,t. Nn.,tg,,,tJ.n tonIy . - - ,.,., L. 1911
SNN.onS"s 49, 80 - W 't
80" - - L.. 49, ~ aHN
~ ~ 1890 Gy . o,0H -
-"
The Seidel trial for libel, which recently ter.
minated at Brunswick, was a remarkab bic Judi.
cial proceeding. utterly unlike anything met
with in tho practice OF tho courts in America or
England. The Government of Brunswick and
certain assistants in tho Brunswick Gon.rol