The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-11-05
NOTES or LEaxL kvkNTa

Recorder keegan." Five lads. from v 70
IL years OF age. we're convicted OF the OIL
fence Of stealing mutt from freight cara and
sentenced by the Recorder to be spanked In
court. Their parents hal been summoned.
and one by one the boys were laid on long
table. face down. and held there while twelve
lashes we're administered with a polioeman's
belt. The father OF each boz did the whip
ping" A prominent memh her Of the New Jer-
sey bar. In response to letter OF inquiry con-
corning the legal warrant for this extraordi-
nary proceeding wr tea US a. follows; There 10
no statute or ordinance. so lar hs I know.
which author zee the punishment mentioned
10 this Newark news item The fact that the
fathers Of the boys were presen, to infliot the
punishment would seem TO indicate that the
police officers thought they did not have the
power to do II themselves" II the spanking
penalty 10 not authorized by law, the MaGls-
trafe who causes It to he inflicted by any other
than the parental hand will be very likely to
get into trouble.
Another remarkable Judicial proceeding Is
reported from New Jersey A case Of alleged
manslauehter by negligence came on for trial
at Hackensack on Tursday. An elderly woman
had fallen on tho floor in her house and broken
her hip. Her son was char ged " tn having left
her there for three days. without medical aid
or other assistance. until she died. He was
acquitted by direction OF the Court. on the
ground. a. stated In the newspapers. that
there was no law TO compel q son to care for q
parent" 1t may be doubted whether such .
case Ia covered by the common law rule that
there 10 no legal obligation upon the part OF o
child to support parent Ia thsre not duty
resting upon any one who nnds another In .
condition endangprins his life In AFFORD such
succor as 10 readily at handi II come upon q
man who has fallen Into n vol. from which
can rescue him By q lttls eIsrtien mvse' or
procure him to be rescued ~ Informing othsrs
OF the accident. may l lawfully refuse the aid
AMI be silent, thus permitting him to rerish7
IL surgeon finds A stranger In the street
Bleeding to death. whom his skill can certainly
save. ma he pass by on the other de and let the
wounded man die without mourning any legal
liability for his omission to act1 We doubt IT,
In 1SSthe Parliament of Great Britain PASSED
an act to provide for the treatment OF hahtual
inebrlates Under this statute q person con-
victod OF being found drunk In a public thor
ouchiRre. who has been convicted OF similar
offences three times within the prsceding
twelve months, may be sent IN an inebriats re-
formatory. instead OF being sent to Jail. there
to be detained for a period not exceeding three
years In the County OF London Ssss ons. In
/ October. two cases arose which came within
the operation OF the Ia Y. yet the Court was an
able to dispose Of the defendants as eontem-
plated by the act 1t appeared that there were
as yet no insbriats re'ormatories 10 the coun-
try 10 which they could be sent Two in.tttu-
tons Of this character refused TO receive the
defendants. and. although the statute empow-
ers the Secretary OF State to establish State
| insbria;e reiormatories. none has been con =
structel up To the present time. The Court was
therefore compelled TO DISCHARGE the haOitual
/ drunkards. 10th OF whom were women.
! The Constitution Of Illinois expressly divide,
! the powers Of tn. government OF that State
. into three distinct departmrnts-lsglslatiye
executive and Iutical-snd prohibits any per.
son. or collection OF persons, being one OF thssa
/ departments. from exercising any power prop.
ery belonging to either OF the others. In ap.
plying this constitutional provision to the su b.
ject OF admitting persona To the practice Of the
law. the Illinois Supreme Court hhs recently
deci al that IL operates TO prevent the L-gis-
lature from forcing the adm OF any one
to practice against the will OF the judiciary
1T would he strange. indeed" says Mr. JusticG
Cartwright. Il! the Court can control its own
court room and even It's own ianltor. but tina,
II IL not within its power to inquire into tbs
ability OF the persons who asslst 10 the admin
istratIon Of justice as It's ofIicers. This Court
has never acknow edged the power o. tbs
Legislature to prescribe the amount OF learn
ing which shall qualify an attorney to practise
in our courts" A different rule prevails In
New York. The a m aston OF attorneys and
couns-Ilors 10 practise Ia under the control o
tho LEGISLATURE 10 this state Matter Of Cooper
p New York Rrrorts. page o.. which. how.
ever. has delegated the regulation OF the mat.
ter largely TO tho Court OF Appeals and State
Board OF Law Examiners.
! County Court decision OF considerable In.
terest to the medical profession has recently
been rem lsrsd IN England. In n suit brought b.
= physician at West Drayton against an en-
ployer who had sum m onel him 10 attend q
work man whose leg had been broken in m
accident. In response TO the summons. III,
doctor and his assistant drove six miles on |,
to md that the accident hal occurred thre,
days before and that the patti mt wins Dsinl
treated by another practitioner living In tho i'm
med a's vicInity, The plaintiff thsreupon de-
clInrd to interfere or act In the case. aud drove
home: bot he sent ANAL bill for his servicsi
In maxi ing the jour nry to the gentleman who
had sent for him. lie was subsequently, OBJ
! liged 10 sue for this amount, aud was met with
tho defence that he had not fulfilled his con
tract. inasmuch as he had left the house with
out treating tho patient. The County Cour
Judge. however. held that the Observance o
medical etiquette was part ofths und.rt K In
OF a physician. and. that while the plaintiff wen
to the patients house. at the defendants In
stance. tho law i'm Piled an understanding tina
the doctor was not obliged to take the case 1
| he found another medical man In charge. Tn,
plaintiff. therefore. recovered judgment 70
| the sum claimed.
The recent decision Of the Court OF Appeal
OF this State In the case OF Tho People ex rel
BrecEenrdge against ScannelI cannot be re
gardcd as very helpful to veterans In the ciyi
service. The Civil Service act OF 1888 provide
that when. In cities OF tho first class, a position
held by an honorably discharged soldier shaI
become unnecessary or be abolished. Tia
veteran shall not be dschar Red from tn. pu bli
service. but shall he transferred to some othe
branch thereof. to perform such duty az h
may be- ntted for When a position thu
occupied Ia aboishei the Court OF Appeal
holds that the di-placed veteran must sho,
am matIvely that another position exist
VIII ch he 10 competent TO III This Is a goo
, haaI NJ a hi rdpn when wa consider that m Al n