The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-10-08
NOTES OF LEGAL 1TENTs.

State have gons to Warren B. Hooker. Daniel
J. KeneHok and Truman O. White. all OF whom
are now on the bench. In the Fifth district
William 8. Andrews OF Syracuse has been
nominated By the Republicans to succeed
Presiding Justice Hardin. who retires this year
on account Of having nearly reached the con-
stitutional limit OF age. This district COM
prises what may be called the upper middle
part Of the State and includes the counties OF
Herkimer. Oneida. Lewis, Onondaga, Oswego
and Jefferson. As Syracuse already has two
Supreme Court Justices. there was a strong
sentiment among the mem ers OF the bar In
favor OF taking the new Judge from the north
ern or eastern part OF the district and nineteen
ballots were necessary before the convention
selected Mr.. Andrews. His most formidable
opponents were County Judge Dunmore OF
Oneida and Mr. Abram b. Steele OF Herkimer.
In the Fifth district Republican nomina alton
10 equivalent to an election.
Mr.. william 8. Andrews. the Rspub lican can
didats for Justice OF the Supreme Court In the
Fifth Judicial district was born at Syracuse
In 1858. graduated at Harvard College in 1880
and at Columbia College Law School two ysars
later. and since his admission to the bar has
practised law In his native city. While attend
ing the law school here he was a student in the
Office OF Man 4 Parsons. He ought certainly
to be q good Judge II Inheritance counts for
anything. being q son Of Charles Andrews. who
was on the Court OF Appeals bench twenty
seven years and was the chief judge OF that
tribunal when he retired In 1897; and being q
grandson OF William 81. Shankland. who was q
Justice OF the Supreme Court In the Sixth dis
tret nfty years. ago. and AZ such sat for time
In the old Court OF Appeals. There are at least
three judges In our present Supreme Court
whose fathers were also on the bench: George
har 1t IA. ott- IN
1nRraham; Charles f. Parker OF OweRo. a son
OF John N. Parker; and William Rumsey OF
Bath. son OF David Bumssy. Another case OF
judicial heredity may be found In the repre-
sentative OF New York the bench OF tho
Supreme Court OF the United States. Mr..
Justice Peckham's father was a distinguished
Judge OF the State Supreme Court in the
Albany district, and afterward OF the Court OF
Appeals.
Tho Court OF Appeals reconvened for its
autumn session on Monday. and on Tuesday
handed down decisions in thirty nine eases.
There were twenty afflrmances and thir-
teen reversals. Perhaps the m ost important
opinion delivered was that Of Judge Martin In
the case OF Greet against tho Equitable Life
Assurance Society. 1t lis probably the strongest
judicial assertion yet made OF the absolute
power OF the directors Of a life insurance COM
Of the corporation. The plaintiffs policy de-
clared that this policy during It's continuance
shall be entitled to participate in the distr.bu-
ton OF the surplus OF this society" 1t also
provided that the distribution should be made
according to such principles and methods as
may from time to tina be adoptsd by this
society for such distribution" The Court OF
Appeals holds that this language does not
entitle policy holder to q dstributive share
n tho whole surplus OF the corporation. but
only to a share In suchportion oithe surplus as
the directors may set apart for distribution.
1t also holds that policy holder cannot MAUI
tain a suit for accounting. whereby he
might ascertain precisely what the whole sur
plus was and how the directors had dealt with
1t. unless he first obtains the consent OF tho
Attorney General.
Just before the Greater New York Charter
took effect. the authorities OF many OF the
neiKhborng towns which were about to be
consolidated devised and sndsavored to carry
into effect various schemes whereby their
particular localities should profit at the ex-
pense OF the new city. The town board OF
Jamaica made a contract with the Jamaica
Electric Light Company on Dec. II. 1907. to
light certan district in that township for ten
years from that dats. Jamaica became part
Of the Greater New York on JAN l. 1893 and 1t
any effective operation. SO far as the furnishing
OF light was concerned. until long after that
time. Peter c. Hendrckson. a taxpayer
brought suit to have the contract adJudged
unauthorized and void. The city was made a
defendant, although 1t really favored the con-
tsntion OF the plaintiff. The Appellate Division
in Brooklyn decided for Mr.. Hendrckson. and
the Court OF Appeals on Tuesday affirmed the
judgment Under the Greater New York
Charter. contracts for lighting the streets and
parks are to be made for period OF one year.
yet II this Jamaica contract had been adjudged
valid. 1t would have constituted a charge upon
the city for period often years. The decision
is helpful TO the cause OF good government.
Philadelphia correspondent who was ad-
mitted to the bar in Kansas in 1875 and to the
bar OF the Supreme Court Of Pennsylvania in
1897. wants to know whether he can be ad-
mittsd to practise In New York upon motion.
without examination. This matter is regu-
lated by our Court OF Appeals. whose rule on
the subject provides for the adm ssion. with
out examination, OF ANY person who has boon
admitted to practise and has practlsed three
years in tho highest court OF law in another
State" 1t 10 not essential under this rsgu-
lation. as construed by the Judges Of the Court
OF Appeals that the whole period OF three years
shall have been spent IN practice in one State
Thus. lawyer is eligible who has practised
one year in Kansas and two in Pennsylvania
but he must have been a mem Der OF the bar OF
the highest court OF law 10 each State. He must
also furnish to the Appellate Division OF tho SUI
preme Court. in the department where he
tax es up his residence. letter OF recommcn-
dation from one OF the Judges of the highest
court OF law Of the State or States in which no
has practised.
l. khn lan Dali. L.
the Court OF Appeals on Tuesday. the main
question was whether the railroad company
by simply filing a map and survey OF Its pro-
posed route through territory previously
designated by tho State az portion
OF the Adirondack Park. acquired a vested
right which was superior TO that OF the
State and authorized the railroad company
TO proceed and take the lands by oondem-
nation. Notwithstanding that the title had
subsequently been conveyed to the State. Tho
Appellate Division Of the Supreme Court In the
Third Department held that the railroad had