The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-10-01
NOTES OF LEGAL EVENTS.

,.onarkable statement was made by coun-
..,uron the argument Of the motion for leave
-, ,rspect the books OF the Brooklyn Rapid
T,,nsIt Company In behalf Of Frederick r.
Morouand, In his suit against that corporation.
-ht,h came before Mr.. Justice Garretson last
week Speaking Of the companies under the
,ontroI Of the defendant. Mr. William B. Shee-
han. formerly Lieutenant @ overnor OF the
state. IL reported to have said: The com.
NAMES cannot include Judgments In their re-
mort, as liabilities. for two-thirds OF the judy
ments arc reversed" This assertion. II we'll
founded. would be a severe criticism indeed
upan tho administration OF justice In New
York The trial judges err In two out OF every
three cnsos against the street railroad limos in
the borough Of Brooklyn. There Is the most
ursont need Of change in the System which
Yields such an unsatisfactory result. We are
forced to believe. however. either that Mr..
sheehan was misrrported or that he INDUCED
ipadegree Of exaggeratIou which he himself
ought TO correct Our impression has been
that 10 negligence cases against elevated or
street surface railroads. the proportion OF AZ
nrmaucns by the Appellate Courts was much
H. e1cess o! twothlrds OF all tho caass APP
leaed.
Pennsylvania Judge has recently devised
avery effective method Of dealing with contro-
yerses IN boards OF education which are so
nent Of the schools in the district. In litisa-
ton arising out OF a dispute Of this kind he
has i'm osed all the costs Of the suit upon the
Individual members Of the board who were re-
t3onsb g iorit. The action OF the court In this
respect has been generally commended on
account OF the prevalence OF such auarrels
In the Commonwealth 1t is not long"
says one Phadelphia newspaper. since
one district dragged out an extended ses-
linn thA - hath
this man or that should be appointed jantor OF
school building. feeling OF hostility among
the member was thus enRendered which will
undoubtedly act to the detriment Of the district
for months TO come" The proposition that silly
controversies among public officers constitute
neg ect OF duty where they lead to non action
IN nases which dem and that some action shall
be taken may he a novel one In the law. but IL
seems to be en- bodied in this Schuylkil county
judgment. imposing costs uron the school di-
rectors who nsediessly caused deadlock In
the board.
promin"n, figure at the bar OF this State
has been removed by the death OF George F.
Daniorth at Rochester. GU Monday last. He
vas best known by his service as an Associate
Judge OK tie Court OF Appeals from 1879 to
1891, but h3 was very prominent as n success
fol practitioner in western New York. both
before ha went on tho bench and since he left
It. His judicial opinions were terse direct and
comparatively short: and there was a notion
among Nom bers OF the bar that he was usu-
ally adverse to the defendant In negligence
cases. or the lawyers who have been judges
Of our Court Of Appeals his death leaves only
one in active practice and that is Gen. Benja-
min F. Tracy OF this city. The other retired
Judges OF that tribunal are living lives Of COM
parative leisure except Rufus w. Peckham.
who Is an Associate Justice OF the Supreme
Court OF the United States.
The impression appears to prevail in many
parts OF the country that man has a lie gal right
TO shoot anyone whom hs finds stealing
attempting to steal his property. Mr.. Justice
Dixon of New Jersey took occasion to correct
this notion in a charge which he delivered to
the Grand Jury at Paterson on Tuesday
lettering TO the OF rr soner VINO had
fred shot in the direction Of boys whom he
supposed to be stealing fruit aud vegetables in
field and had thereby ms antly killed one of
the lads. Judge Dixon said 1T is MOI certain
whether the boys were stealing apples or
merely passing through the field but even
Stunning that they were engaged in stealing.
the mani act was criminal. 1t Is not permits
ga ole to resist the crime attributed to the boys
with deadly weapons" simple larceny az
this kind ia az course very different from ind
ing thief In your house under circumstances
Wnlcn Indicate tndt u you 40 not XIII MIN HrSt.
he will be very likely to kill you. II the law,
however. justified the killing Of fruit thieves.
simply because they were discovered stealing
cherries or water-melons. It would practically
make theft a CAPITA rense
The Republicans Of the Sixth Judicial d strict
Of Ills State have nominated Albert II. Sewell
OF Delaware county for the Office OF Justice OF
the Supreme Court to succeed the late David L.
nd Sa~a No holI lie he TO-
the remainder OF the present year. by virtue OF
an appointment by the Governor. He was 'or-
merly County Judge OF Delaware county. In
the Eighth. or Bufdio d strict. there are three
Supreme Court Justices to be chosen at
the next general election Warren b.
Hooker who was appointed by Gov. Black
uron the death OF Judge Manly c. Green
arl Daniel j. Keneflck who was appointed
by the same governor to succeed the
late Hamilton Ward. are believed to be certain
to receive two OF the Republican nominations
The third seems likely to go to Truman G.
White, who is ready a Justice OF the Supreme
Court. but with restricted Jurisdiction. as he
was transferred from the Superior Court Of
Buffalo by the judiciary article Of the Consti-
tuition OF 1904. At present he can hold court
only in Err @ county. His election this autumn.
as supreme Court Justice with full powers.
would leave vacancy on the bench to be
filed by Gov Roosevelt by an appointment
which would last through the year 1900.
The ,axity with which judicial proceedings
a." conducted In Colorado Is illustrated By q
recently reported criminal case in which the
Sheriff permitted the jury. under the charge Of
his officers. to attend theatrical performance
which consisted mainly OF hurlesque trial IN
court motion to set aside tho verdict
this ground was denied. several Of the
Jurors testified that the play had effect
whatever EpCu their minds. IL the case was
lnLMrihnt nnnnRh- however. To rnnulre thu