The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-07-09

leaves place to be n'led IN tho Appellate Divi-
| sion OF the Fourth Department sitting at
Rochester. Since the courts were recognized
under the now Constitution. at the beginning
Of 1896 that Appellate Division has lost three
members by death. Manly @. Green OF Buffalo.
Hamilton Ward OF Aegany and now David l..
Follett OF Norwich. Judge Foett was best
known TO the bar by the work which he did Os
Chief Judge OF the Second Division Of the
Court OF Appeals from 1899 to 1882 inclusive.
Before his service on the bench Of that tri-
bunal he had been an associate Justice OF the
| General Term In the Fourth Judicial Depart
ment. and afterward he became member OF
the'Genera Term.in this city lie was gen.
orally recognized as LAWYER Of ability who
vorthiy IN aintained the best traditions OF the
judicial office. OF late years his deneanor
had been that OF man who WAS hardly salts
nei with the very considerable measure OF
professional and official success which he had
achieved.
80 attractive Ia the Supreme Court bench in
| this State to mutltudss OF aspiring lawyers
| that all sense Of sorrow on tho part OF the bar
| at the death OF an honored Judge seems to be
| obliteraed by the scramble for the succession,
which not infrsauently begins before the
! burial Already there are several Rlchmonds
| in tho field ambitious to succeed Judge Folstt
| in the Sixth district The Governor has the
] power to MI the vacancy by an appointment
which will last to the end of the present year:
| and the successor OF the person so appolnted
must be chosen at the general electioni In No
vember next, for a full term OF fourteen years.
! beginning on Jan. !, 1900. II the Governor
makes a good arpon TINT emit. his choice will be
| ant to be the choice OF the Republican Judi
| ciarv Convention OF the Sixth distrct. and
| Republican nomination there practically. in
| -. 1Nlln
| Of Norw has already Furnished two eandl-
dates One lie Mr.. W. +. Gladding. a leader OF
| tho Chenango county bar. whose ltness Ia said
| to he conceded by lawyers OF all parties. The
| other Is Mr.. George W. Ray the present Eep-
rssentatve In Congress from the Twenty
sixth district Congressman Warren b.
! Hooker OF the Thirty-tour district resigned
| last year to accept an appointment to succeed
the late Manly c. Green Of Buffalo on the SUI
prems Court bench. and Mr. Rays friends de-
,lars that he ID willing to make similar sacri-
| fee.
| For many years counsel who were assigned
| By tho court to represent defendants In crimi-
nal cases were obliged TO serve without COM
! psnsation. In 1893. however. the Legislature
OF this State amended the Coda Of Criminal
| Procedure so as to provide for the payment OF
| a reasonable fee out OF the county treasury to
| counsel who were assigned by the court to the
| defence OF u prisoner accused OF crime pun
| ishable by death. Further amendments have
| followed. until now. where the defendant In
capital case 10 wholly destitute Of means, tho
| court may allow the assigned advocate his per
sonal and incidental EXPENSES and reasonable
! ompeniation for his services. not exceeding
| $500. Mr.. Justice Gildersleeve has Just de-
cided that the statute in its present form does
not authorize the award of two fees Of $500
| 81 f,r II q
other for services uron an appeal to the Court
OF Appeals. The law. in the view which he
| adopts contemplates but n single foe. and that
not to exceed $500 which ahall constitute
conversation for doing everything that thejn-
terssts OF the client require. The Appeiiate
Division in tho Second Department has held
that 500 IL the limit of the allowances which
can bs made in such cases. no matter how
many counsel are assigned.
| The authorities Of the new county OF Nassau
on Long Island, which was created out OF the
eastern part OF Queens county as 1t existed
prior to the beginning Of the present year. are
rejoicing at tho decision Just rendered by the
rsfereo--the Hon. Charles F. Brown formerly
Presiding Justice Of the General Term and
Appellate Division in Brooklyn-in the liti-
CATION to determine the proportion OF the debt
Of the forme: county Of Queens'which is to be
was brought in the Supreme Court in the AL
banv district. where tho Judges could have no
interest In the controversy one way or tho
other: and no better selection could possibly
have been made AZ referee than the olst!n-
| Euished lawyer who was appointed. The
Greater Now York charter expressly provides
that tho arportioninent Oh the DEBT OF the
county OF Queens shall he determined accord
ing to the relative assessed valuation OF the
real property Included In or remaining with
out th" city. AnI!Vlng th's ruIe' the referee
n,nnn'm"o 70 80. ,r,,at',.dn.,s Ri. n.ar,,
S,nnnnnn ,.u ~, e.. nau ni,v
"''0'''''0 100 VA Wv 80"
Ala meeting OF the National Editorial hsso-
citation held at Portland, Ore. on the 9th OF
July. tha President. n gentleman OF the name
| OF McCahe proclaimed the opinion that the law
dealt uniustly with newspapers In this coun-
try. saying that no profession or business in
thi. broad land OF ours is 30 han dicapped with
uniust Ioua ia that of tho journalist" Hp