The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-12-10
NOTES or LEGAL Events

law INVOKED IN Denhl OF the defenIant
that public property employed for public pur-
poses 10 not liable to be sold for the payment
Of debts. and hence that a mechanics lien
cannot be asserted against public build
inKs. unless expressly authorized by statute
Thus In Boisot on Mechanics Liens IL Ia
said that there can be no mechanics lien on
such public Institutions as the Illinois Indus
trial University. the Nebraska State Luna.
tic Asylum. the Pennsvvania Reform school
and Girard College. The University Of vIr-
ginia was esta l,shed by the Leg islature. and
although It 10 governed through the agency OF
aeorroration known "a the Rector and Visit
ors Of the University. II Ia nevertheless state
institution whose property has been acquired
by State purchase and which is supported By
! appropriations from the State treasury. All
white students over rs years OF age who
reside In Virginia and can pass the prescribe
examinations are entitled to instruction In the
! academic department free OF charge for tuition
! The buildings are declared to Ue OF the same
public character as the institution itself. and
hence to be exempt from attack by means Of
| mechanics liens.
| movement Ia on foot to establish a new
Federal judicial district In this State. to be
known as the Western district OF New York.
/ There are now three districts. the Northern.
/ Eastern and Southern. The Northern district
comprises the counties OF Rensselaer,. Albany.
| schohsris and Delaware. with all tho counties
north and west Of them. The Eastern districs
includes Lone Island and Staten Island The
Southern district includes the remains
der of the State. The new district Is to
be carved out OF the Northern district
and will take In Wayne. Seneca. Schuyler
| an ChamunR. and all the counties further
| west The bill for its establishment will DO
| introduced and advocated by Mr.. Depew In the
Senate and by Mr. d. s. Alexander OF
| Buffalo. In the House OF Representatives. or
| course. the new district will require District
Judge OF its own: and several candidates are
| already mentioned In tho press OF the WESTERN
| part ~ the State. Among these we notice the
names OF William II. Hotchki-s and George
Clinton. both OF Buffalo and Jerome b. Fisher
! OF Jameatown, ths present County Judge OF
Chautauqua county. The salary OF . United
States District Judge IL now 5000 q year.
The District Judges In New York now are: AL
fred O. Coke OF Utica. In the Northern districts
Addison Brown OF this city In the Southern
| district. and Edward b. Thomas Of Brooklyn
In the Eastern district. Judge Coke 10 .
| nephew OF Roscoe Conkllne. Judge Brown 10
one OF the most accom- plished botanists In the
country. and Judge Thomas was formerly .
State senator from Chenango county.
The rule Of the common law still prevails In
England 10 the effect that medical men may
be compelled In court to disclose commuDica-
t'ons made to them In profess ona con fldence.
Nevertheless, there Ia strong sent ment
among English physIcians against being con-
strained 10 reveal the secrets OF their patients.
Not long since. IN infant was found dead in .
garden at Southport. under circumstances
which Indicated that the child had died from
exposure. The chief constable Of the town
thereupon notified the resi- lent m edcal men Of
the facts OF the case and asked them TO inform
him II any person likely to be the mother should
apply to any o. them for advice or treatment
This request aroused 40 much Indignation
among the doctors that they held meeiing
and condemned the police authorities for thus
melting medical men to disregard one Of the
IN est i'm portdnt obligations OF their profession.
The announcement comes from Richmond
that the rGina supreme Court OF Appeals
has just decided In a breach Of promise suit
that the defendant 10 justified IN breaking his
promise TO marry on the ground tina, he 10 sut-
fering from a severe illness. The Court de-
clares that such an afliction Is TO be classified
rs an act OF God We can readily undr rstand
that Illness might properly be deemed an ade-
qrate reason for delaying he marriage oers-
mony. hut II has not usually been regarded a.
destructive Of the legal obligation TO marry At
acme time. The question was fully dis
ensssd In tho Court 81 Queens Bench aud
on appeal In the Excheluer Chamber IN
the case OF Hall against Wright which was de-
cided In 1889 Ellis. Black turn and Ellis's Re-
ports. page 748L There a majority Of the
judges agreed with Lord Campbell that the
dangerous ilne.s Of the man would not excuse
him from carving out his agreement 70 marry,
although II might Justify a postronemert The
disease 10 that case caused a bleeding from the
lungs which the defendant alleged would i'm
peril his HE IL he married. Some OF the dis
ssntInR Judges adopted the view which has pre-
val ed IN Virginia; notably Chief Baron Pollock
who thought n man could not law ully he cal ed
upen to marry n Ia could say with truth. by
the visitation OF Providence am not capable Of
marriage"
An important question In the law NJ cor
rorations has been determined by the Supreme
Court OF tho United States In the cas-. Of tho
De la Vergne Retrgerating Machine Company
against The German Savings Institution.
which came up from Missouri, although ID
Involved the powers Of manufacturing COM
ranias organized under the statues Of that
state, Are such corporations authorized to
purchase the stock Of rival company. for the
purpose OF supprsssing competition and OBJ
tanning the management ami control OF that
COMPANY The suprem" Court eay no. II IL
a general rule that the acquisition Of the stock
operations 10 not within the category OF cor
porate powers: and IN addition to this general
rule the Court and special statutory pro-
visions In New York which prohibits a manu-
featuring corporation here from purchas-
ing the stock Of other corporations en-
gagged In the same business. The opinion
Is written by Mr. Justice Brown and is con-
Cured In Ivy all the Members ~ the court
except Justices Brewer and McKenna. who
dissent
Under that provision OF the State Constitu-
ton VIII Oh permits the Appellate Division OF
the supreme Court In one department to holp
the Appellate Division of anv other department
where there is an excess Of work. arrange
ments have been made to transfer about
seventy Ave appeals from this county TO
Brooklyn. where they will be heard In January
next. This will be the third batch OF cases to
go to BROOKLYN aimee the reorganization OF our
judicial system at the beginning OF 1916. Tho
order to transfer the appeals has TO be made