The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-09-18

A notice in tho London Ttnss Of Aug. 81,
illustrates the simplicity Of the English system
of preparing tho final lists Of the persons Liable
for Jury duty "On and after TO morrow for twenty
ono dayo says this notice, "the lists Of persons
liable 10 serve as jurymcn in England and Wales
will be exhibited on the doors of tho churches
and chapels and other public places OF worship
over tho country. These lists are open to pub
lilo inspection Unless objection is made TO the
overseers Of the various parishes during Septem-
Der by persons who exempt and whose names
appear on the lists, their names will be returned
70 the clerks of the place and they will be liable
TO servo on special and common luries Tor the
ensuing year During the last week OF Septem-
ber, the justices will hold petty sessions to cor
rect the lists and to allow the notices of objection
TO the overseers" In our early colonial days,
the affairs Of church and state were closely COM
mingled but 10 the American Of to-day the post
ing Of legal notice in place Of public worship
seems an annchronsm indeed
One OF the most notable and instructive papers
read at the recent Saratoga meeting OF the Amer
lean Social Science Association was that by Mr..
Justice Woodward of jamestown, N. Y, en-
titled THE Tendency OF the Courts TO Sustain
Special Legislation" Judge Woodward Is
member OF the Appellate Division OF the Supreme
court for the Second (Brooklyn) Department and
by his own judicial actiop has done much toward
checking the tendency discussed In the paper
which. he read at Saratoga Intwenty- seven States
OF tho Union there are constitutional pfohibitions
against special or local legislation in regard to
certain specified subjects; but these prohibitions
arc sought TO be avoided by the passage OF bills
which although general in form can really affect
only q particular case or single locality TOO
often such measures have been upheld as con-
sttutional, when they ought TO have been pro-
nounced invalid. I'VE may fairly say with
Judge Woodward. that when bill Is 80 drawn
that Il cannot be mado TO operate outside OF
given locality, when the conditions enumerated
are so minute and particular that 1t cannot by
any reasonable probability become effective out
side Of the district Of the member moving tho
measure 1t becomes a local bill" and the courts
should so declare IT,
The most severe opinion In the judicial annals OF
Wisconsin Is that which was recently handed
down by the Supreme Court OF that State IN the
proceeding TO wind up the affairs Of the well-knoWn
Plankinton Bank OF Milwaukee. The creditors
seem to have had hard time with the assignee
and in the Circuit Court which refused TO permit
an examination OF the assignee at their instance.
and allowed Ave years TO elapse before compelling
him TO make any report OF the conduct OF this
officer and the lower tribunal the Supreme Court
feels constrained 10 say, that the fundamental
rights OF the creditors seem to have been system
atcally ignored by the assignee and by the Court
II INV additional order could have been devised
which would more completely and thoroughly
prevent the investigation Of the transactions OF
tho assigned We do not know what II could be-
Some question raised as to the power OF tho
Supreme Cour, to right the wrong which 1t found
,lDa tad IArl aYAd
arm of the Court was not neryeess because no writ
adequate for the emergency was to be discovered
In tho form book and announced that modified
writ would be framed which would enable them TO
discharge the duties with which they had been
entrusted by the people.
Amnn was fined IS in the police court atSpring-
field Mass. a few days ago for neghgenuy leav-
ing his horse where il could and did gnaW shade
tree in one OF the city streets He was prosecuted
under A new statute enacted by the Massachusetts
Legislature this year which codifies and amends
the laws OF that State relative 10 the preservation
OF trees Each town Is required TO elect every
year a tree warden. who shall have the care and
control of all public shade trees in the town. ex-
oopt those in public parks open places under the
Jurisdiction OF park commissioners, and OF those
also he shall take the and control If 30 re-
All shade trees within the limits Of any public
way are declared TO be shade trees; and no such
Urea can lawfully be cut down in the residential
portion Of town. except after a hearing before the
tree warden upon the question OF Its proposed re-
moval Whoever negligenuy suffers horse
or other beast driven by or for him TO break down.
injure or destroy a shade or ornamental uee IN
public way or place liable to forfeit not less than
81, nor moro than 500 Although gnawing is
not specified in the statute the Springfield mags-
trate sensibly held that it was very common and
destructive mode OF injury To shade trees
In a suit by the Boston Insurance Company
AGAINST the Globe Fire Insurance Company and
the Insurance Company OF the State oil New ork'
the Supreme judicial Court of Massachusetts has
recently rendered decision in favor Of the plaintiff,
unfolding the validity OF certain important CON
tracts of reinsurance These were open policies
whereby the defendant companies insured the
plaintiff company against loss upon risks which II
had already taken and also against such marine
risks as the plaintiff company might thereafter
assume during the period OF the contract oil re-
insurance The Superior Court held that the poll
cies were bad because the plaintiff at the time they
were issued had insurabe interest in respect 10
the marine risks which were TO be taken in the
future The Supreme Court thinks otherwise
declaring that II is not necessary In oil cases that
there should be an lnsurabe interest at the time
when the policy issues in the property on which
insurance is desired. We do not see" say the
Judges, why there may not be valid contract Of
Indemnity in regard to such risks by one insurance
company with another which shall attach as tho
risks arc taken by the original insurer" Other
wise reinsurance would be impossible, except as
applied TO pre-exisung risks