The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-12-17
NOTES or LEGAL EVENTS.

0A'N''NN
Court for the Southern district Of New York,
wns called upon TO examine some objections
which had been filed In opposition to the ap.
plication OF q bankrupt for his discharge. After
looking them over. the Judge said to the
lawyer by whom they had boon prpsented:'I
don't think you are familiar with bankruptcy
law. man who would file such foolish OBJ
jections has no business practising In this
court. suspend you from practising In this
court for thirty days. and II at the end OF that
time consider that you understand the
law may reinstate YOU The general
rule 10 that an attorney cannot BIO suspended
from practice or dsbarrcd except upon charges
OF which he has been seasonably notified.
There seems to be no necessity OF formal al
legations. however. when the proceeding IL
based uDon matters which have occurred in
open court. Such proceedings are often In
stItuted." says Mr.. Justice Field. upon In
formation developed In the progress OF cause.
or from what the Court learns OF the conduct OF
tho attorney from it, own observation" tSee
Randall Vs. brigham. Wallace's Reports.
540.l The friends Of the suspended lawyer as
sert that he has been dealt with too severely.
II 80 the punishment will doubtless be
modified. as Judle Addison Brown is anything
but harsh man.
Two important judicial appointments have
been made by Gov. Roosevelt during the past
week In the Third Judicial district James
W Houghton OF Saratoga Springs. County
Judge Of Saratoga county. has boen appointed
q Justice Of the Supreme Court to succeed the
late John II. Putnam. who died recently while
travelling In China. In the Eighth Judicial
district Frederick ". Kruso OF Olean has
been appointed Justice OF the supreme
Court to succeed Truman G. White Of Buff
falo. whose recent election for a full term
OF fourteen years has created vacancy
In that district Judge Kruse was In
the Legislature when the Governor was
member OF the Assembly and has
been County Judge OF Cattaraugus county
about three years. The Governor has trans
ferred Judge Waiter Lloyd SIN tn OF Elmra
from the Appellate Division Of the Fourth De-
rartment CRochcstcrl to the Appellate Division
OF the Third Department. which sits in Albany.
This will doubtless be more agreeable TO Mr..
Justice Smith than his Rochester assignment,
as II will enable him TO remain in the depart
ment to which his judicial district belongs.
Notwithstanding the adverse decision Of the
Court OF Appeals In the Benham poisoning
case. an effort 10 yet to be male to obtain n
new trial for the defendant. His attorney. Mr..
William T. Webster OF Batavia. hes retained
new counsel in the person OF Mr.. Arthur &.
Wade 81 jamestown, u leading lawyer OF tho
Chautauqua County Bar. by whom the proposed
application is expected to be argued before a
Justice OF the Supreme Court In tho Eighth
district. Under an amendment TO the Code o,
Criminal Procedure adopted In 1884 u new
trial may bo granted where II Is made TO appear
By affidavit that upon another trial the defend
aut can produce ev! ,cnco such as. I. received
before would probably have changed the
verdict It must also be shown. how.
that angh aNfbapNa hae haan Iis~ rot
since the trial already had and that IL is no,
cumulative In 1895 an application for a new
trial was made to Mr. Justice Mayham In the
Third district. under this provis on OF the
Code OF Criminal Procedure. In the celebrated
case of Bat Shea: but the motion WIS denied
on the ground that tho newly discovered evil
dencc was cumulative Mr.. Wade. the new
counsel In the Benham case. enjoys a high y"r.
utaton for legal ability in western New York.
lie was unfortunate enough 10 lose hi. tight
arm IN early life rs tho result OF IN accident.
He Is prominent Republican. having lcrn tho
candidate for State Compir"tc; IA the year
when Sloat Fassett ran for Governor.
Under the Constitution o. the proposed Com.
monwraith of Australia the Iu!!r.Il power o,
the federated colonies Is to ur vested in a SUI
/ preme Court. TO be known n, the Hi.h Cour; D.
Australia. and in such Othrr federal tribunals
Us tHc ~ 'U' u may
| create. There mus. hn n lcpstthr.a members
OF the Supreme CouI:-. Chic: Justcc and two
Gssociates-wno arc to b. appointed by the
I Guvcrnor-GcnefI IN comet. 20 hold on ~
during good behavior and 20 rec, i've such COM
| rcnsation ns Parliament may lIcscgIhc. SUBJ
/ ,cct only 20 the qualification that II shall no. 10
, diminished during ,l.eir continuance In Oil!ru
! In the construction and utrrpr"ta;iu ion Of tho
/ Australian Constitution this court viii exercise
! functions similar To- ;hp-n OF tho supreme
/ Court OF the United States IN respect to the
! Federal Cousti'ut'on In t..s country. No at
! real IL to To- lcrG..t'cd to 'u, priyy Council IN
England In any matter in,ovnG tn" intcrpr".
tation Of the Constitution Of Australia or the
: Cousfitutcr - ono ot tho Australian colonies
| in the Comm ,wca,'h. ua'-ss n" pubic inter-
! es's Of some o;hcr par. II the Brush Errlrc
| are involved. Tho australia Constitution has
already Lcra a.!o?t"d hy Vlr.ur.i. New South
! Wales. South Australia and Tu-maH.a
| The surremo Cor-' - u nm" sofa has recently
! decided that the 'a,h"r Oft CIR! thirteen years
| and eleven mo"ths oil Las no 'oga. .ght 10
! restrain her iinm living with her husband.
! whom sh" married nj thn. HGc without: tho con
| sent Of hcr Iarpnt-. The wisdom Of this mar
rage" says tho Court, 'or III" rrurrIcty NJ in
| due NC this Young girl 10 marry are GucStions
| which It Is not within ouT province to dis
| cuss or characterize. ha marriage. how
| ever. OF person who hns not reached the aga
| OF statutory competency. bat Ia competent by
the common law, Ia not void. but vo.dable only
by Judicial decree Of nudity at tho election NJ
| the party under tho age OF consent" Tho
! marriage Is therefore to DO deemed valid un-
less thus set aside. and as roHrriags emanci-
| pates minor child from parental control. tho
| Court declares that the father cannot lawfully
| keen this wife OF fourteen from her husband OF
! thrty-two years.
The Court Of Appeals omitted to hand down
| any decisions on TucstGy. but decided five an
peals on Friday afternoon, when n recess was
ordered until Jan. X 1900, ny that time tho
| vote on the Constitutional Amendment for the
relief OF the court will probably have been can
vassed, and II was ndontcd. as is doubtless
! thu case. the Governor will be in n position To
assign four Supreme Court Justices to act as
| Court OF Appeals Judges until the mher OF
cases on the cal endar Is reduced TO two hun
dred IIe will not be Obliged TO assign a. many
| 81 a.