The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-02-06
xoEas 81 hReAL EynETs.

TIT announcement on Thursday that the
President had determined to appoint Edward
3. ThomasSof Brooklyn to succeed,th the late Asa
w. Tenney a. United States District Judge for
the district embracing Long Island and Staten
Island was something Of q SURPRISE in polii-
cal circles. Although Mr.. Thomas came from
Ohenango county to BROOKLYN in 1886, and has
resided there ever since, he has taken no active
part in brooklyn politics, and has praotised In
New York 90 much more than in Kings county
that he il not very well known to the bar OF the
Federal district over which no issto preside.
Thefprofession there. however, will.ind him to DO
an able lawyer, painstaking, conscientious, and
scholarly, and well qualified for the bench. He
will probably have something to learn In Ad.
miralty law, hut that would have to be said Of
every candidate whose name has been serious.
ly considered. Mr.. Thomas Is q Yale man Of
tho GLASS Of 1870. and was prominent In Repub-
lican politics before he moved to Brooklyn, hay
ing been o State Senator from the Twenty
fourth Senate district, and the unsuccessful
candidate for Attorney.General on tho Republi.
can ticket in 1855.
Tho Court of Appeals handed dow ten de-
~cisions, all Of which were afarmances, on Tues
day, and ive.more. four of which were affirm
snces, on Friday, when an adjournment was
ordered until the 2sth Of February. At that
time the.new rule will 60 into effect which
changes. the hours Of sitting. Heretofore the
court has always convened at 10 A. NJ. and
adjourned at 2 p. NJ. Hereafter 1t will con-
vene at . P. NJ. and adjourn at > 2. NJ. This.ar-
ranRoment will doubtless DO MOS; agreeable for
tho Judges, as they can work g. their cases all
the morning and tako their luncheon before
going upon tho bench, while heretofore the
postponement of luncheon until some time
after 2 necessarily made 1t rather late in the
afternoon before they got to work. As 10 tho
lawyers, however, we doubt whether the new
arrangement viii be as convenient and ~satisfao-
tory as the old. Counsel whose cases are not
reached on the first day Of attendance. but who
have an opportunity to be heard on the second
day, can always get away from Albany under
the present system by o little after Q o'clock.
Under the changed system they will have to
remain in the city until late In the afternoon
or evening Of the second day. In fact, they
will have to spend more than half a day watt
ing for the court to meet and hear them. On
the other hand. It may be said that lawyers
will not be obliged to leave their homes 30 early
TO reach o court which convenes at Q. as they
do to reach:a court which convenes at 10
o'clock.
No decision has been rendered as yet by the
Court Of Appeals in the Richmond county cleo
tlOu CASo, "ulCu pEdCtkSahy ihfoiNOn Iuo tltlo
to the office of President of the borough of
Richmond. Tho delay ia Of no particular con.
sequence, as the borough Presidents appear to
have very little power under the practical ope-
ration of the Greater New York charter. The
determinatlon.by tho Court Of Appeals. however.
will necessarily have o very important effect
upon tho future administration Of the Election
law, as the case turns largely upon questions
concerning the proper marking Of ballots, and
some authoritative rule will probably be laid
for the guidance Of election officers in
passing upon the sufficiency or insuflciency Of
questionable marks. In the opinion of the APP
pellate Division the liability to serious election
controversies was pointed out, In which per-
haps a contest for the Presidency of the United
States might depend upon the view of the cleo
tion officers as to the character of the marks
on q few hundred ballots.
There are bills before the Senate providing
for four additional Circuit Judges of the United
States, being one each in the Third, Sixth.
Seventh, and Eighth judicial circuits. The
Third Circuit comprises Pennsylvania, New
Jersey, and Delaware, in which the present
Circuit Judges are Marcus w. Acheson and
George II. Dallas. both Of Pennsylvania. In
the Sixth Circuit, which embraces Ohio. Mich
igan, Kentucky, and Tennessee, William II.
Taft of Ohio and Horace II. Lurton of Tennes.
see are the Circuit Judges now. The Seventh
Circuit has three Circuit Judges. William A.
Woods Of Indiana, James @. Jenkins of Wis.
consin, and John W. Showalter Of Illinois, and it
includes only the.three States which they repre-
sent. Tho Eighth Circuit. on the other hand.
consists of eleven States and two Territories.
Minnesota, Iowa, Missouri, Arkansas,
Nebraska, Colorado, Kansas, North Dakota.
South Dakota, Wyoming, New Mexico, Oklaho-
ma, and Utah; and its three Circuit Judges are
Henry G. caldwell Of Arkansas. Walter H.
Sanborn Of Minnesota and Amos M. Thayer of
In this largo circuit there Is plainly
need of the additional Judge. The bill In refer
ence to the Sixth. Seventh, and Eighth circuits
provides for compensation for travelling OK
penses not to exceed $40 q day when the Cir
cult Judge 10 holding court outside the district
in which no resides.
The Committee on Public Lands has reported
to the House. of Representatives O bill provid.
ing for the compulsory attendance Of witnesses
before registers and receivers of the Land Office,
with accommodation in favor of its passage.
eat the present time there Is no provision of
says the committee, by which the at.
tendance OF witnesses before registers and re-
ceivers can DO obtained. Frequently property
of great value are involved In contro.
NGE5iGo UClOEO thobO 1hSy u " Jul
dicial officers, although their functions are Of
the greatest Importance. and the power to pun
ish witnesses for contempt Of court In DISC
beying subpenas cannot DO conferred upon
them. This bill authorizes the issuance of sub
penas in such matters and the taking of depo-
and provides that the disobedience to
such subpenas shall BIO punished as o criminal
The Commissioner Of the LAM Office
declares that such an enactment is much needed.
A pretty severe rule as to sick passengers on
street railway cars has recently been laid down
by the Appellate Division Of the Supreme Court
in the Fourth Department, speaking through
Nj. Justice Adams. in the case Of Montgomery
We. tho Buffalo Railway Company. Tho plain
tin. who was q passenger on one of the de.
cars, having duly paid his fare. took a
position on tho rear platform. The conductor
called his attention to the fact that the rules of
the company forbade him to allow passengers to