The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-02-13
NOTES OF LEGAL EVENTS.

NO1Eb OE AhUAL ~ GN1b.
In addition to tho bills which We have al
ready mentioned providing for the appointment
Of additional Circuit Judges Of tho United
States In several of the Federal circuits intC
which the Union is divided for judicial pur
poses. there Is a proposition before Congress
to organize o tenth circuit, which shall have
three new Circuit Judges and O circuit Court
Of Appeals of its OWE. Four States win con
stituto the new circuit, Colorado, Utah. and
Wyoming being taken out Of tho existing
eighth circuit and Montana out Of the existing
ninth. Salt Lake City Is specified in the bill
as the place at which tho Circuit Court Of APP
poals for the tenth circuit must sit, but the
Judges are empowered to hold tho court else
where also. II they deem IL proper TO do 90
The bill was introduced in the House of Rep
rosontatives by Mr.. William q. King. the
member from Utah. No doubt tho eighth cir
Quit as now made up 10 too large for the judicial
force assigned TO 1t, comprising as It does ter
States and three Territories, and it, can. well
spare three Of the States to help in making NJ
tho proposed tenth circuit. The transfer Of
Montana would probably DO agreeable to the
people Of that State, for II would be moro con.
venient to them to have their Federal appeals
heard at Salt LakesCity than at San Fran,
SSNNt "NS sAoS - w ~ tAAoh eAAoSa
the present organization Of the circuits.
By tho death of Judge Jasper W. Gflbart
Brooklyn has lost o prominent figure in the
life Of that city. After a long and distin.
guished career on the bench OF the Supreme
Court he retired on account of having at
tanned the constitutional limit Of ago sixteen
years ago. Whatever may be said in support
OF the provision Of our State Constitution
which %enforces the retirement of Judges at the
age OF 20. no argumen to sustain its wisdom
can be found In the case of Judge Gilbert. From
tho day Of his retirement to tho day Of his
death he remained tho same able lawyer in
whom time in no wise lessened his capacity to
discharge the duties of the judicial Office. In
deed. there was one respect in which perhaps
his fitness for the bench became more manifest
as the years passed on. The kindly side of his
nature shone out in his demeanor and in his
CHEEKY intercourse with his numerous friends,
30 that the sunny qualities OF his character had
long since done away with the impression which
once prevailed that Judge Gilbert was O man
of natural severity at heart. His judicial opin-
ions were written in an excellent style, and af.
ford good examples to the Judges of the pres
cnt day, not only on account of their clear and
expressive English. but by reason of their sem
sible length. Judge Gilbert dealt with tho
cases before him adequately, but without any
such appalling waste of words as we find In
too many Appellate Division opinions In these
times.
case Of considerable interest and Importance
to medical men in England was decided in Jan.
uary by his Honor, John Z. W. Addison, one Of
the County Court Judges for Cambridgeshire.
A doctor sued a laborer to recover fifteen shil.
linps for prOfasafopnl aarvfcaa ranlarad L.
Of an engagement to attend the le-
borer's wife during her confinement. Before
tho child was born, tho wife engaged another
man. Tho County Court Judge was
of the opinion that the doctor who was origi.
nally engaged had no legal claim to compensa-
ton. inasmuch as he WINS not called upon 40
tually to attend the mother when she was con-
fined. This view has provoked much adverse
In British medical circles; and it IL
not easy to defend the doctrine of the decision
on any ground of good morals. As Is pointed
out by tho Lancet. an obstetric engagement re-
stricts the liberty of the practitioner moro than
any other kind of case, as he is COM
PEELED by the very nature of his undertaking..to
be constantly in readiness to attend the pa
tient at o time which cannot be fixed defnite-
". To engage a doctor and thus impose upon
him restrictions that may affect his move
ments for many days. and then employ another
when there has been no fault or sug-
g~estion of fault in respect to the conduct Of tho
first one, is a course of proceeding which Ger
ought to render the employer chargea-
bic with tho fair and reasonable Value of tho
first doctors services in holding himself ready
10 respond to the summons. como when 1t
which should call him to the bedside Of
the patient.
A letter recently written to the San Fran.
cisco Examiner by the Hon. 3. A. Kelley, O
Judge of the Superior Court in Lassen county,
Cal, reveals q queer picture of the relations be-
tween the bench and tho bar In that part of
the Golden State. 1t seems that the Judge had
been treated with great disrespect in court by o
named L. ". Spencer, and finally i'm
posed n line upon the attorney for his miscon.
duct. The Judge thought that the published
account OF the proceedings was incorrect and
fair to him; hence his communication to the
In this letter he makes no attempt
Ut conceal his own infrmity of temper. but
frankly avows that he, the Judge on the bench,
30 much angered by the insults addressed
him that he actually struck the lawyer by
whom tho offensive language was uttered.
IT Is true writes Judge Kelley, shat he
,alled mo O liar AMI O ---, with
nut occasion therefor. and, that as a conse.
Iuence, i struck him. / admit that such con.
on the part Of the attorney 30 incensed
ne that for "a short time l lost myself con-
roll" 1t ID not possible to justify what the
Judge did; but his letter az a whole indicates
hat he had behaved with fairness and moder-
ltion in the matter up 10 the time when he re-
,ented the insult by the blow. It would seem
hat such a controversy must end either by
the Judge and disbarring the lawyer
IT by e~xcusing the lawyer and compelling the
Judge to leave the bench.
In the township of Martinsburg. Lewis coun-
y, there IL "a stream called Roaring Brook. In
Is06.the Legislature passed a local act declaring
stream to be a public highway for the pur-
OF floating logs. timber, and lumber down
stream" The enactment deprived the ri.
owners Of their rights. for the benefit of
he public; and the statute provided q method
~ which the damages suffered by them In con-
Of the taking of their property should
% ascertained aud paid. An order was made
appointing commissioners to assess such dam
ages. This order was Get aside by the Appellate
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