The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-08-27
NOTES OF LEeAL syENrs.

last on Dover street in Boston. The destruc.
ton was so great as to demand extensive
repairs TO the damaged buildings. These
repairs the In su rance companies interested in
the loss are willing to mako. to the extent OF
putting the injured structures into as good
condition as they were In before the fire. 1t
seems. however. than an obstacle to this
course exists In the present building laws APP
plioable to Boston under which no reconstruc-
ton is permitted which will not necessarily
mako the buildings better than they were
when burned. Such reconstruction will OF
course be moro expensive than mere restora-
ton. This increased cost. according TO the
views OF tho insured was risk assumed By
the com panies; while the companies on the
other hand. insist that the limit OF their obli-
cation is to make good but In no wise improve
the insured property. Tho Boston Herald says
that In the present aspect OF the controversy
an appeal to the courts is probable.
Gov. Roosevelt has made an excellent
appointment In selecting Judge Walter Lloyd
Smith. Of Elmira. to be Justice ofthe Appellate
Division OF tho Supreme Court In the Fourth
judicial Department OF this State. In place Of
tho late Judge Follett. In 1883. when twelve
additional Supreme Court Justices woro elected
under an amendment to the Constitution
adopted In the previous year. IL. Boardman
Smith. OF Elmira. prominent Republican
lawyer was chosen In the Sixth judicial Dis
trct without opposition. After few years
service on the bench he died: and Gov.
Hill appointed his son. Walter Lloyd Smith, to
succeed him. The son was subsequently
elected for a full term OF fourteen years: and
our recollection is that the Democrats put no
candidate In the field against him. He has
done most satisfactory judicial work. not only
In his own district. but here and In Brooklyn.
whore his services have been very highly
appreciated by the bench and bar. Judge
Smith is a Princeton man and member OF the
Unive rsity Club Of this city. He should also
have been named last week in our list OF the
judicial votaries OF golf.
In review OF the privately printed biography
Of the late William A. Richardson Of Massa.
chusetts. Mr.. Edmund 8. Spalding gives an in
teresting sketch Of the life and public services
Of that modest and able lawyer In the August
number Of The Green Bag magazine. 1t was as
Assistant Secretary and Secretary OF the Treas
ury in the Grant Administration that Mr..
Richardson was best known; but he enjoyed
q distinguished official career aside from his
service in the Treasury Department He had
been on tho bench In Massachusetts, before he
went to Washington. and he left the Treasury
at the age OF ffty-two to become member Of
tho United States Court OF Claims. where his
term OF service lasted twenty-five years. until
Hlb ueuhi IN 1OoO MI. DpululuR pOlulb OUT lNaL
Mr.. Richardson was the recipient OF i've
appointments as Judge for life. to wit: 1.Judge
OF Probate for the County Of Middlessx. Mass,
1855: 2. Judge OF Probate and Insolvency for
the same county. 1858; 3. Judge OF the Superior
Court OF Massachusetts,. 1869 declined: 4.
Judge OF the United States Court OF Claims.
1874; and. finally. s. Chief Justice OF that court.
1885. William A. Richardson was a student at
Harvard College at the same time with Charles
A. Dana. and Mr.. Dana frequently expressed .
high appreciation Of his character and ability.
The right to photograph criminals in order
to place their pictures In the rogues' gallery
has often been questioned. The prevailing
opinion among writer's who have discussed the
subject seems to be that the power may prop
erly be exercised over persons who have been
convicted OF crime. but that its exercise is Of
very doubtful Legality in the case OF one who is
merely accused OF a criminal offence. but not
yet adjudged guilty. In an application for a
writ Of mandam US to compel the Police Com
missoners OF this city to remove the picture Of
q convict from the roRues' gallery. Mr.. Justice
Truax has recently held that the fact that the
petitioner had been convicted OF assault and
sentenced to six months In the workhouse. and
that he had frequently been arrested. and was
the associate OF criminals. sufficod to warrant
tho taking Of his photograph and placing 1t in
work Of Prof. Tiedeman on the Limitations Of
Police Power. whore that author says: AN
other phase OF police supervision Is that OF
photographng alleged criminals and sending
copies OF tho photographs to all detective
bureaus II this be directed by law as punish
ment for crime Of which the criminal stands
convicted. or II the man La In fact q criminal.
there can be no constitutional or legal objection
to the act. for no right has been violated"
T..l- - ala Sl..k nj.
Com missioners have Wronged q man at ALL
whose picture they have placed in the rogues
gallery. the injury is In tho nature Of q libel.
for which he has an adequate remedy By = suit
for damages.
In many Of the States the laws relating to
assignments for tho benefit OF creditors give q
preference to claims for wages due operatives,
laborsrs and servants in the employment Of
the person or corporation whose property Ii
assigned. Tho language OF the statutes varies.
but in almost every instance tho intent OF this
kind OF legislation has been construed to be for
the protection only OF persons engaged in
manual labor. or those whose compensation 10
ordinarily spoken OF as wages rather than
salary. In Ohio. tho law provides that every
person who shall have performed any labor az
shall Be- snti.ied to reeeiye out Of the trust fund
before tho payment OF tho other creditors the
full amount OF the wages due TO such person
for such labor performed within twelve months
preceding the assignment not exceeding
$500" The Supreme Court OF that State has
lately held that this statute gives no preference
to the claim OF travelling agent who was en-
lions for legal directory OF attorneys. at .
salary OF 500 a month and an allowance for the
expenses Of travel. The Court simply says that
the meaning OF the statute.
In a suit tried some ,lme ago before JUS
tce OF the Peace in Oneida county the plain
til sought to recover ST. wages. The jury
came in with q verdict declaring that they
found there was cause OF action provided
the defendant would pay $3.50 to the plaintiff.
The Justice refused to receive this verdict and
directed the Jury to retire orfurthcr dcibera-
ton. saying that II the defendant owed the
plaintiff 50 so the plaintiff was entitled to