The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-07-23
NOTES OF LEGAL ETKyTs.
The lato Chief Justic. o, the supreme In

Wal NouEL vi mdNSuCnUseU9. hhlDfldRo A,
Field was very highly esteemed by the bar and
Ivy his colleagues on tho bench and appears 10
have possessed In an exceptional degree those
qualifications which make an efficient prssid.
inR'Judgo He was Dartmouth College man,
graduating at the head OF his class. and his
highest professional distin elton before going
on the bench was acquired as a mem Der OF
the wel-known Boston law firm Of jewell.
Castor Fold. The senior partner was Har-
vey Jewell. long a prominent figure in Repub-
lican politics In Massachusetts, and at ono time
Speaker Of the State House OF Representatives
William Castor. the second member OF the
firm. became Mayor OF Boston and afterward
Democratic Governor.of Massachusetts,. Wal
bridgs A. Field. the junior partner. was sue
cessivsly o member Of Congress-. Associate
Justice OF the Supreme Court and finally Chief
Justice. Earlier In life he had been an Assist
ant United States Attorney In the Massachu-
sstts district His original appointment as
Judge was made by Gov John D. Long now
Secretary Of the Navy. Chief Justice Field
was a native OF Vermont and was 90 years OF
age at the timo Of his death.
Some interesting facts In the history OF the
Massachusetts, supreme Court are given BY
the Springfield Republican IN an article show.
ing that the practice OF the Governors has been
1 W NbOoso 'no NuIel OuStlCo tTOm among THO
Associate Justices. There have bsen twelve
Chief Justices since the be ginning OF the Rovo-
luton. or these all but three had been mem
hers OF the'court before they were 'appointed
70 preside over II. The ost notable s1csp-
tlon was Lsmue) Shaw. who came TO the bench
as Chief Justice directly from the bar. In 1880
ana whose term OF judicial service lasted thirty
years. His name ranks easily first among
those OF Massachusetts, Judges. Two Chief
| justices Of the Supreme Court OF Massachu-
| sstts have resigned their places in that trl-
hunal to become members OF the Supreme
Court OF the United states-wlllam Cushing.
in .17sS'. and Horace GRAY. in 1892 The re-
cent death OF Chief Justice Field left Judge
Oliver Wendell Holmes the senior Associate
Justice. 40 far as service In the Supreme Court
itself 10 concerned. but Associate Justice
Knowlton has served longer on the bench than
judge Holmes. reckoning his service In the
superior Court aud Supreme Court together.
The misconduct OF professional money lend
ers in England has been CARVED 40 far as to
lead to the introd uction OF bill In Parliament.
framed hyII4ord James OF Hereford. which POSI-
lively prohibits such people from trading sx-
cept under their own names. This measure Is
largely due to the disclosures in the case Of
Gordon VI. Street. recently decided by the Court
OF Appeal against u NOTORIOUS usuror nhHeu
Isaac Gordon. Mr.. Frederick Street bor-
rowed' 600 at a grossly extrayagant rate Of
/ interest from one George James Addison, who
turned our to lie Gordon doing business I'M
der n fictitious name. As soon IA he dlscov-
cred the identity Of the lender he offered to
repay the money with interest at 5 per cent.
and asked to have the contract annulled but
Gordon insisted upon his $50 interest, and
sued to recover 1t. in addition to the principal.
Mr.. Street paid into court the amount which
ne admitted to be due. and interposed coun-
ter-cam for f4C0 damages on account. Of H.
belous matters which Gordon had published
concerning him in letters which he had writ
ten in regard to the transaction. and ths jury
rendered verdict in Mr.. Streets favor for
that amount. Tho judgment on this verdict
has bsen upheld Uy the Court of Appeal.
The suggestion that in n contract for the bor-
rowing Of money the identity OF tho money
lender is a matter Of no consequence has been
rejected by tha English Court Of Anpeal IN an
opinion bv Lord Justice Smith which appeals
strongly o common sense in the coGsncy of It's
reasoning. Among other things tho learned
Judge SAYS: ITO enter into a contract for q
loan with creditor such as Isaac Gordon, so
that when the da" Of payment came the Dor
rover could have no possible chance Of a day 8
or even M npuI LINHe, Dub' cl illc NbuSl al =
was certain 70 10 restared with writs and
threats OF writs and bailfTs and bankruptcy
notices tas APPEARED would 10 the case from
GCrdon's own iettersl. whereby life was rem
tsred. un bearabls and heslth was often In
Jursd, is not the same thing at all as en- terp 2
into u contract for a lean with psrson who.
when the day Of payment arrives does none OF
.heso things, but on the contrary. deals in q
fair and non oppressive manner" Tho court
does not 20 SO far "a 10 assert that there may
not DO honest money lending under an as
sumed name, but it does hold that n rapAcious
Insurer cannot adont fictitious hrpellatlon
Cor tho nnrrose Of fraudulentlV inducing those
% trade with him who would shun him II they
knew who he really was.
| IIr. Justice Beskman in the Supreme Court
| on Thursday refused to grant writ OF proh-
Sitiou to prevent the Board of Examination.
convened by tho Governor under the Military
! Code, from inquring into the moral charac ter.
caracity and general fitness for the service OF
Major Clinton Fl. Smith OF the Seventy frst
Regiment. National Guard. A writ Of prohl.
b. ni'ipn Is granted only against bodies which
are abou, to proceed without jurisdiction.
/ Judge Beekman holds that the Board CT IN
animation provided for by our Military Code
is not a court OF any kind. but merely an ex-
p
forming his duties as the Conmander-in-
! Chief OF the stnte militia. The decision OF
! such a board cannot become effective without
the Governors approval. and the statute gives
I Il jurisdiction to make the prescribed inquiry
, without questioning tho correctness OF this
conclusion. it must be conceded that In its ac-
.ual effect upo9 an officer an adverse determ!na-
/ ZION Of a Hoard ~ Examination Of this chnrac-
cor Is very much the same as would be his
/ conviction by court martial.
In tbs Supreme Court of Judcature In Eng
land there>are now twenty. eight Judges. Six
NJ these ait in the Court Of Appeal. fifteen In
the Queens bench Division. five In the Chan
Gerry Division, and two in the Probate. d.
ylrcs and Admiralty Division. In view OF the
increase Of business In the ChnncSry Dlyis-
ion. an additional Judge will probably soon be
, appointed IN that branch Of the court. cor
respondep OF the London Iruh reokons that