The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-09-18
No1rs OF LEoA1 Ernvrs.

lawyers who ever lived In this country. His
distinction was achieved as q writer OF legal
textbooks FIRST. and next as n member OF the
Supreme Court OF Michigan. Outside his "
State the most important official position
which no ever held was that Of Chairman Of the
Interstate Commerce Commission, from 1887
TO 1891. Judge Cooley's treatise on constitu-
tional limitations Ia a legal classic which every
American law student ought to know as well
as Blackstone or Rents Commentaries. His
other works are models Of lucid and accurate
law books. During the years Of his service on
the bench Of the Michigan Supreme Court.
where the late Senator Isaac p. Christlancy was
one OF his associates. that tribunal won o repu-
tation which has since boon remarkably we'll
maintained for the soundness OF its decisions.
Judge Cooley was q professor In the University
at Ann Arbor for many years. and did much to
establish and promote the prosperity OF the
large and 1ourishing law school there. He
was "a years old at the time Of his death. which
appears TO have been fastened by PERSISTENT
mental overwork. under which his health
some time ago broke down.
A physician in France was recently fined. al
though not very heavily. for refusing to testify
In o matrimonial action TO the circumstances Of
an alteration which he had witnessed be-
tween the husband and wife on the occasion
OF q visit which he made to the family In his
professional capacity. The quarrel occurred
Immediately upon his arrival at the house. and
he went away without either prescribing or
giving any medical advice whatever. For this
reason the divorce court held that he was alb
solved from all obligations Of professional
secrecy, and was bound to disclose what he saw
just as any non-professional witness would be.
He commended. on the other hand, that mas
much as he had been solely as o
medical adviser, his presence at the scene was
wholly duo to his professional character. and
that IL he had not been there as a doctor. he
would not have been there at all. in which
event he would have had nothing to tell. The
smallness Of the fine imposed. which was only
10 francs. indicates that the Court did not
deem his refusal to testify a very heinous
offence. and before he was compelled to give
the desired evidence the case was settled.
An extraordinary story concerning the ad-
ministration Of Justice In tbs police tribunals
OF New York was told In the county Of London
Sessions q fortnight ago on the occasion Of the
conviction Of q man named Evans Wheeler.
who pleaded guilty to a charge Of stealing som
$50 worth of clothing. The superintendent Of
the :Great Northern Railway police service
testified that Wheeler had carried o. bust
ness in this city last year as 'Sir Henry One
QuIs lOEbuu0 ohO Auu poALuLbV W bho SuOOh II
England. the Prince Of Wales. the Ozar OF Rus
sia. Mrs. Langtry." and other celebrated per-
sonages. 1t seems that he was arrested here
for obtaining money from o lady by false pre-
fences: but, SAYS the London Times, accord
ing to o statement made to witness by the pris-
oner's wife. he engaged q celebrated lawyer.
who was a friend Of the Judge before whom
the case came. and the proceedings were
stopped: but. as there were several other war
rants out against him. he absconded to Phila-
delphia." The prisoner also claimed to have
been q correspondent for W New York daily
newspapers. which was probably just as false
an assertion as the intlmation that he escaped
punishment here by means Of the personal in
6uence Of his counsel with q police Magistrate.
Mr.. Justice Phillimore Of the High Court Of
Justice In England. who has been sitting as
the vacation Judge In London during the
summer. is evidently very hostile to the IA
%cilities for divorce which now exist under the
English law. In divorce procedure the prao-
tice Is to grant o decree nisi. or conditionally.
to become absolute after a certain time II no
reason occurs 10 revoke It. An application to
make a lot of such DEGREES absolute recently
came before Mr.. Justice Phillimore. who in
timated that the successful parties ought to
wait until after the long vacation to have their
marriages finally dissolved. though he had
concluded that 1t was his duty to grant the
desired judgments. But" observed the
learned Judge. Il cannot take this step with
out, as q Christian man, saying how sorry I
am on social. moral. and religious grounds
that these facilities should be given to persons
to dissolve the marriages they have contracted.
But that which the State in It's wisdom or I'M
wisdom has decreed must be carried out by
the officers Of the law, and as l neither make
nor unmake marriages. except as, q civil off,
Ger. for that purpose the DEGREES must be
made absolute" The Court acted In the spirit
Of the Judge. who. although opposed to capital
punishment. may be obliged to impose the
death sentence where the law 30 prescribes.
A curious question has arisen in New Jersey
concerning a gravestone. 1t seems that the
relatives OF a person who is buried In q ceme-
terry at Elizabeth desire to perpetuate his
memory. in accordance with his express wish.
by placing at the grave g large boulder which
has been brought from his farm and adorned
with a suitable inscription. The appearance
OF the huge stone is not satisfactory. how
ever. to some OF the neighboring lot owners.
and at their instance the authorities of the
cemetery have refused to allow It to be placed
therein. The rights OF lot owners In respect
to the monuments which they may erect must
depend upon the particular contract with the
cemetery association. or upon the statutes Of
the State In which the cemetery is situated.
1t is usual for the proprietary corporation to
reserve for itself the power Of final control in
such matters, and where that Is exer-
cised with discretion there ts rarely any diff
fculty. There are many cemeteries in which
natural boulders have been erected into very
suitable and handsome monuments.
Surrogate Davie Of CattarauRus county can
see no sufficient ground for the distinction
which the law makes in the liability OF a hus-
band in respect to medicines and medical at
tendance furnished TO his wife. and the llabil-
ity for her funeral expenses. The necessary
and proper funeral expenses OF the wife which
have been paid by the husband are allowed to
him out Of her estate. II she leaves sufficient
property. On the other hand. the husband is
primarily liable to pay for medical treatment
and drugs for his wife. and her estate cannot
be charged with any expenditure on this ac-
count. unless 1t appears that she assumed