The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-06-25

teen In number. They comprise John X. Por-
ter. formerly Judge OF the Court of.Appeals;
Samuel Hand. reporter and afterward Judge
Of the tame tribunal Sherman X. Rogers OF
Buffalo. Chief Judge Ruger Of the Court OF An
peals. Col. Elliott +. Shepard OF this city. Gov
Ill., Martin W. Cooke OF Rochester. William
II. Arnoux formerly Judge OF the Superior
Court: Matthew Hale OF Albany. George VI.
Dlven OF Elmira. ]. Newton Fiero OF Albany.
Tracy c. Becker OF Buffalo. William H. Rob-
ertson OF Westchester. Edward G.. Whitaker OF
this city and Simon w Roscndale Of Albany.
formerly Attorney General Of the state. Tho
new President 10 Walter $. Logan OF this city.
who has taken so prominent part In the
movement IL this country in favor OF nterna-
tona arbitration. The volume contains much
matter OF interest to New York lawyers and
preserves in permanent form the very in
structive address by Judge Oliver Wendell
Holmes ON Law in Science and Science In
Law" delivered at the annual meeting OF the
association in January last This paper should
be read by every one who would keen pace
with the modern development Of the law
At the recent meeting OF the American Medi-
cal Association at Columbus o., the address
on State Medicine was delivered by DR.. Daniel
Brewer Of Chicago. who took for his spocial
subject The Medical Aspects OF Crime. Some
Of his statements will be surprising to those
engaged in the administration OF the criminal
law. He asserted that crime throughout the
United States was increasing in vastly moro
rapid ratio" than the population; that "alco-
hocs were the direct or indirect cause CT
probably Is rer cent OF al crimes committed
and that an lmportant factor in crime was the
constant and rapid Increase in the POPULATION
OF our cities. Dr. Brewer advocated indeter-
| inmate sentences for all crimes. State care for
ba nh If 1apaDnrbtoa LEGISLATION to pre-
vent the increase OF the unproductive popula-
| ton in cities and tho bestowal Of the pardon
! ing power upon boards OF persons skilled in
criminal anthropooRy.
The Appellate Division Of tho Supreme Court
| sitting at Rochester has recently had occasion
! to consider the obligations OF a municipal cor.
| poration In reference to nuisances existing
! upon private property in proximity to public
street and so near the street as to inlet injury
| upon travellers on the highway The city OF
| Hornelsville was sued for neEIgently per-
hitting a shooting gallery to be maintained
near ono OF its streets. go that bullet Hired
from a rifle therein rebounded from the target
and struck the plaintiff on the sidewalk with
! such force as to deprive him OF the sight OF ono
eve. There was evidence that the city authori-
| ties knew or ought to have known that ire
shooting gallery constituted nuisance. New
srtheless, the Court held that the plaintiff had
no caure of action against the city. The con-
clusion is reached" said McLennan. j.. that
| municipality authorized by its charter or by
! general statute to suppress nuisance wholly
upon private property is not liable to person
| who sustains injury by reason.thersot because
Of the facttnat such municipality tailed'to pass
an ord nance prohibiting the same. or failed TO
enforce such ordinance II passed. notwlth-
standing its continuance rendered travel upon
a., ,iFNalI tv Ha n
and unsafe"
The Court OF Appeals decided small batch'of
| cases on Friday and adjourned until the % OF
October. The only decision affecting the al
fairs OF this city which we notice in the
list 10 one which sustains the right OF tho
Comptroller to remove an Inspector In the
bureau for the collection OF city revenue for in
ability to balance his books or add up his col
lections correctly. lie was afforded an oppor-
tunity to make an explanation. before re-
moya as required by the Civil Service law OF
1873. but insisted that.he was entitled to be
tried formally upon charges. as policemen are
tried before the Police Commissioners. The
lower courts held that no such formal pro-
cedure was conte INFLATED in the case OF PER-
son holding such a position. and the affirm
ance shows that the Court Of Appeals must
have taken the same view. The Court OF Ap'
meals carries over several important cases.
One Of them il Greet vs.. the Equitable Lie
Assurance Society. which involves the right or
a policyholder to enforce as against the entire
surplus OF the defendant provision that such
policy during It's continuance shall te entitled
70 participate in the distribution Of the surplus
Of the society. Another case OF interest is that
| OF Ho ward c. Benham of Bataria.who was con-
victed OF numbering his wife by poison. The
Court, OF Appeals gave two whole days to thu
| - ~ ol