The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-12-24
NOTES or LEGAL EVENTS.

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for one Of the additional Judges OF the Court
OF Appeals. as Gov. Roosevelt Is reported to
have done. the wisest possible choice has been
made. Every lawyer and Judge acquainted
with Judge Cullen's work is aware OF it's excel
lence. and II 10 In nouise deroRatory to the
| Court OF Appeals to say that his appointment
| will strengthen the bench OF that tribunal
His promotion. however. is n serious loss to
the Appellate Division OF the Second Depart-
ment, OF which he 10 tho senior member in
length OF service. II was announced from
Albany some time since that only three
Supreme Court Justices would be assigned to
the Court Of Appeals under the constitu-
| tiopal amendment. instead OF four the
maximum number provided for II Judge
Judson 8. Landon OF Schenectady desires
one Of these places. wo should think Il very
probable that he would DO designated, as he
has the advantage over all other Supreme
Court Justices now on the bench OF having
served IN the Secon Division OF the Court OF
Appeals. The amendment Ia silent "a to tho
| com pensatlon OF the Supreme Court Justices
who shall be assigned to duty In the highest
tribunal. II provides simply that the Justices
| 80 designated shall be relieved from their
duties as Justices OF the Supreme Court and
shall serve as Associate Judges Of the Court OF
| Appeals until the causes undisposed OF In said
court are reduced to 200. when they shall re-
turn to the supreme Court" II they are to
| Peals. IL would seem that they ought TO receive
the same pay as the permanent Associate
Judges.
| We have received from the Com m issioners OF
Statutory and Code Revision their draft OF the
| proposed Surrogate's Code. which Is to be pre-
| scented to the Legislature OF 1900 Although II
is designed to be q com plete scheme OF pro-
cedure in surrogate's courts. with few minor
| aLaa fa,r nj olo L.. Al
existing system OF probate law. The most i'm
| portant reform recommended by the commits
sioners IL the abolition OF tho right to two trials
In contested will cases: first. trial before the
Surrogate sand. secondly, atrial before jury In
the Supreme Court. They think that litipants
should choose either one tribunal or the
other: and that. having made their election.
| they should be compelled to abide by the
result Under the proposed Surrogate's code.
the contestant Of a will may. II he desires. try
the questions involved 10 the case before the
/ Surrogate. or may have them sent to be tried
In the Supreme Court before a jury. II he so
| prefers but he cannot try the questions In both
| courts The adjudication Is made final and
| conclusive In whichever way the case Is tried.
| unless new trial IL ordered on account OF
some error In the proceedings. We think the
shall be free from legal error is unnnswerablo
| By a statute enacted 10 1875. cemetery as
sociatons In this State were authorized to pre-
| scribe penalties for the violation OF any OF their
regulations. which penalties should be recover
able In civil suit. Under this law the Johns
| town Cemetery Association In Fulton county
adopted q regulation TO the effect that no work
| should be performed In It's cemetery except by
the superintendent OF tho grounds. or with
his consent and under his supervision.
| a . nN an.
such regulation should forfeit q penalty OF
| s25. William Parker was employed by several
| lot owners to NOV the grass on their burial
plots. This he did without the sanction OF
| the cemetery superintendent, and he was
| thereupon sued for the prescribed penalty.
The case was tried before Mr. Justice Slower.
! who dismissed the complaint OF tho cemetery
association on the ground that tho corpo ration
| had no power 10 tx punishment for acts COM
| mitted by persons who were not mem bers OF
| the association and on the further ground that
! tho regulation was unreasonable In itself This
decision has recently been afnrmed by the
Appellate Division OF the Supreme Court
| sitting at Albany. 'undoubtedly." says
: Mr.. Justice Herrick. Tho association may
pass rules and regulations exc uding persons.
| not lot owners. from coming upon their
grounds. and treat them as trespassers. and
may recover whatever damage may be nd
I
pass hut they cannot, by bylaws or regula-
| lions. NIX an arbitrary sum a the measure OF
such damage. by line or penalty"
| In the English Bankruptcy Court on Dec.
| the frst meeting Of creditors was held In the
case Of Charles Fisk Beach. an American law
| yer who since 1896 has occupied offices in
| Great Winchester street. London. The London
| Times says the debtor stated that he had no
| interest In the various Law books published by
4. l. vi.
Ing been sold outright. From this we infer
that the bankrupt Is the author OF the excel
lent treatise on "Contrhutory Negligence"
and other valuable legal text books much used
| In this country. II Is to be hoped that the re-
! suit OF the bankruptcy proceedings will enable
| him to begin business HE again free from en-
barrassment. ana that he W III return TO the
vocation OF making useful law books.
| In suit recently instituted by the Attorney
| General OF England against the trustees OF .
| Unitarian Chapel at York. the question arose
whether the building could lawfully be used
for the propagation OF ngnosto doctrines. The
| meeting house and premises were originally
| granted to twelve persons In 1892. by n trust
| deed providing that they should be used las
| and for n meeting place for religious and we'll
disposed Christian people. called Protestant
| dissenters. from time to time to assemble and
meet in. and there Join In religious worship on
| the Lords Day and other days" At first the
congregation was Presbyterian In character;
but by the middle OF the last century
IL had become anti-Trinitarian. or Uni.
tartan. About twenty years ago. symptoms
| OF agnosticism began to develop. Hymns were
adopted emitting oil reference to the Deity
or to the Christian or any other religion: aud
| since then most OF the ministers have been
regarded as agnostics. The object OF the At
| torney-General's action. which was instituted
| at the request OF two members OF the congre-
| cation. was to obtain judgment declaring
| that he meeting house could be used only for
| the purposes expressed In the trust deed. Mr.
| Justice Kekowich. before whom the case was
| nl Doc IL hnll IhAI the npnnatln lnn-