The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-10-08
ooURr IN A sMoKE-ROoM.
A Special Term Of the New York Court Of
Appeals ON tho Empire state Express.

From ire hoehtser Post BSprGs.
Rudyard Kipling once wrote a poem In which
he held up to ndcule the assertion sometimes
made by weary worIdlings in this materinlistio
age that Romance has been smothcrcd by the
mechanical atmosphere In which We 1ist from
the rising Of the sun to the going down Of the
same The verses suggest tina, Just as much
romance glows in the rush OF an express train
or the steady blowing Of an ocean racer az ever
Redeemed the deeds Of KING hthood when the world
was young.
The famous author might perhaps be interested
In learning that his beloved Romance may DO
hidden In the musiy robes Of the law as well az
In the escape of steam and rattle Of machinery.
This ia a story OF q lawyer, a case, q railroad
train Justice Of the Court Of Appeals and an
order obtained on the run between stations, when
the great engine Of the Empire State Express was
reelng up the steel threads mile after mile be-
tween Rochester and Syracuse ,,
for $4,000 damages for an alleged injury 70.
ceived on one of the companv's trolley cars. in
Court directed verde, for the, defendant
Rainea & Miller, who appeared for the plaintiff.
d. me The AhEReH'e DvSp al
denied the plaintiff the liberty to take the case
TO ne Court q APpssls This decision "as
Now the only method whereby, ip such case
an appeal to that court may DO obtained Is by
an Oruet from one Ot It's Associate Ju1gea
The Court OF Appeals Justice who lives the
nearest to Rochester Is the Hon. Albert Haight
Of Buffalo The Court was 10 go into session
last Monday
With this knowledge firmly in mind. Charles
s. Miller Of Raines 4 Miller decided 10 attempt
this last resource He teegrap hed TO Buffalo
Friday and received a reply that Judge HaEht
would start for Albany Saturday on the Empire
State Express which leaveS Buffalo AT o clock
Mr. Miller decided TO take a morning train and
catch the Justice before he left Buffalo l he
tran was mn hour and a half late Mr. Miller
gave up that plan as unteastble and shaky, with
to- much risk
"I st'tko tho Empire here and go With ii to
Al 225 the swaylng. black, roaring engins.
by which you cRn set your watch daily and he
reasonably SURF 1t will rend noon when the City
Han belt strikes the hour. came skating around
tho curve and shot through the station as u IL
never lrtenlcd 10 stop at all
Nj Miller Climbed ABOARD and threaded his
way through ench car In the very last, sitting
c2mfortehiy discussing. valuable cigar he found
Associate Judg Of the Court Of Appeals
II took Lawyer Miller as far as Fnlrport TO
tell what he wanted explaining fully the cir
cuTstnnccs of thN case
w ell, viii" said the Justice, Il have nade
orders IN my house and In my chambers but
| don think ever metaphorically clothed my.
self in judicial robes in the smoking compart
mont Of Wagner parlar car before This ts
an experience Let me SEQ the pnrer."
The justice smoked and road until he reached
Lyons "WclI." he said, with smile Of aprre.
cintou, Il think you may take your orde,; and
And Judge Haight metaphorically threw OF
Al syTncnsc Mr Miller said goodbye. and
jumped Of! the. Empire Just in time to Chamber
Rochester. order AMI ail. at $50 o'clock, three
hours after he had left it.