The sun., 1899-03-12
VOTES or LEGAL EVENTS.

state senate h0P resolved thht IL VIII not rec
ommend the adoption OF the proposed amend
ment to the Constitution providing for the tenn
porary designation of Supreme Court Justces
to sit In the Court OF Appeals This scheme
has been Justly criticised because II would
cripple the work OF the Supreme Court and
because the members OF that tribunal appointed
to sit temporarily in the Court OF Appeals would
occupy position manifeetly infe rior to that OF
the permanent Judges. II the Court OF Appeals
is to be enlarged at all land some increase seems
TO be necessary, Two or perhaps four Judges
might be added. but they should have the
same tenure and term OF Office as the present
members OF the court In the event OF such
change. seven Judges ought to be required to
constitute a quorum. and the concurrence Of
flve should be necessary to a decision. II five
| did not concur, rearRument should be or
dered before all the Judges. A new calendar
| Of the Court OF Appeals lie being prepared.
which will be taken up in April week ago
upward OF $50 cases had already been placed
| upon this calendar.
Several important points In the Law relating
to conspiracies by public officers are definite
ly fixed by the decision which the Court OF Ap-
pealS rendered on Tuesday. upholding the legal
sufflciency OF the conspiracy indictment In
! Kings county against Theodore B. Willis. for
| merly City Works Commissioner in Brooklyn.
| and William Z Philips formerly Police Com
| missioner here. The alleged conspiracy was
| general in It's nature-a com binaton to vio-
late those official duties of Willis. the viola
tion OF which would enable certain contract
/ ors to obtain money fraudulently from the city
and the indictment was attacked as not be-
| Ing sufficiently definite and specific. 1t was
| condemned at Special Term on this ground.
but the Appellate Division OF the Supreme
| Court. whose opinion was written by Justice
| Willard Bartlett, held that where the agree
ment made between conspirators was an agree
ment generally to violate such laws as 1t might !
be necessary to violate in order to effect a GER
tain purpose. the charge need not be any more
specific than were the actual terms Of the
agreement itself This doctrine has now re-
ceired the sanction OF the Court OF Appeals In
an opinion written by Judge Denis O'Bricn.
In which all the mem bers OF the court concur
except Judges Martin and Edward T. Bartlett
The appeal was argued In Albany BY Gen. Ben
Jamin +. Tracy for the defendants and by
Hiram X. Steele. the new District Attorney OF
Kings county, for the prosecution. The in
dictment was drawn by Mr.. Steeles predeces-
sor. Josiah 7. Marean. who is now Justice Of
the Supreme Court in the Second Judicial dis
trict.
In New Jersey a decision has just been rem
dered BY che Court OF Errors and A ppeals TO the
effecs that the use OF highway for the erec-
tton thereon OF telegraph or telephone poles is |
not use which can be authorized without pro-
viding for COMPENSATION 10 abuttinE property |
owners who have fee in the bed OF the hgn- |
way. III thus holding the court seems to |
have followed the Court OF Appeals OF this |
State. which in 1894, speaking through judge |
Rufus W. Peckham. declared that neither the |
state nor its corporation can appropriate any |
portion OF the public highway permanently to |
its own special. continuous and exclusive use |
by setting:up poles therein. although the pur- |
pose to which they are to be applied is to string
wires thereon and thus to transmit messages
for all the public at a reasonable compensa-
ton" tEels VS.. American Telephone and |
Telegraph Company. 143 New York Reports.
page 1881
Electric lighting stands on a different basis
from electric message sending in the view OF
the law. the former being recognized as a le-
Gitimate street use for public purposes while
the latter is not, The Court of Appeals handed
down an important decision on Tuesday.
which establishes some interesting PROPOSE
tons In regard to this subject OF lighting high
ways. Light. being an aid to the public in
travelling upon highway in the night time.
subserves street purpose. and In cities and
incorporated villages 1t is declared to be not
only right but duty Of the municipal au-
thorities to supply it. Not so with. telegraph
and telephone wires" says Judge Haight.
They In nowse preserve or improve the
streets or aid the public In travelling over
them" The placing OF tho necessary poles
and wires for lighting highway must there
fore be deemed one OF the uses for which the
land was taken and does not impose upon it an
additional burden for which an abuttinR owner
10 entitled to compensation This rule is held
to apply to rural districts as well as to more
thickly populated localities. If the nhabi-
w 4 ha ha
court intimates. however that II the highway
be only country road. lightly travelled and
where no necessity exists for light. a taxpayer
might object effectively.
The stock corporation law OF this State
makes the stockholders Of every stock cor
poration Jointly and severally personally liable
'tor all debts due and owing to any OF its la
borers. servants or employees. other than con-
tractors. for services performed by them for
such corporation" Is an attorney at law.
who s regularly employed by stock corpora
tion at fixed salary. an employee within the
meaning and protection Of this provision? This
question was raised some time ago by Mr..
George II. Bristor. formerly clergyman in
Rockand county and now a practicing lawyer.
He acted as the attorney for the Merchants
and Manufacturer Protective Company un-
der written contract at a salary of $50 week
and sued one Of the stockholders for balance
due him under this contract. The case was
tried before Mr.. Justice Hrschberg Of Orange
county. who wrote SO good an opinion that 1t
was adopted by the Appellate Division and is
pronounced elaborate and satisfactory" by
Judge Gray In the Court OF Appeals. where
the decision has Just been affirmed. That do
cislon is adverse to the claim OF the attorney
The preference which the stock corporation
law gives to debts due to mployees is held to
be solely for the benefit OF persons who earn
their living by manual labor and not by pro-
fesSional services.
good deal Of controversy has been pro-
voked by the resolution OF the authorities of
Columbia College that after June 80. 1903 ad-
mission to the law school shall be limited 10
students who are college grad duates. 1t is
worthy OF note that the change is in accord
ance with tho policy OF President Low as an
nounced in. 1895. when he expressed the opin-
ion that unless the endowed universities based |