The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-07-30

n last sunday at putralo the baseball club

OF the Penal Code relating to the observance OF
the nrst day OF the week. commonly called
sunday" Whatever may be the state Of pub
lilo opinion In western New York. or any where
else IN regard to the morality Of Sunday base
ball playing. there In no doubt on one point
The highest court In this State which has ex-
pressed any opinion on the SUBJECT has dis
:lnctly declared such playing to be illegal. Not
only go. but the Judges OF the Appellate
Division at Rochester have warned the Buffalo
foice Commissioners that that court would
exercise the power which It possesses to re-
move them from orlce unless they suppressed
Sunday base ball at'Buffalo Under these cir
cumsfances there would seem TO be little room
Tor controversy as to the duty OF police authorl-
ties everywhere In tho State, 30 long as the
statute on the subject remains in it's present
form and the Rochester decision 10 left unds-
turbed by the Court OF Appeals.
The que alton OF the competency OF the Hy-
eeia Medical College in Ohio 70 grant degrees
III medicine and surgery was raised recently In
an action brought against thu. institution by
the ATTORNEY General nj the State. The char
ter OF the defendant empowers II to educate
suitable persons In the art and science nj
curing diseases by the use OF air, baths. cleo
triclty. heat. magnetism. massage and all other
resources Of nature" The Attorney. General
commended that this language was too general
to amply to courses Of medical and surgical in
struction such as are given in schools OF good
standing aud renute. but the Supreme Court
OF Ohio has decided against him. saving that
1t lie not made to appsar thatany subject taught
by the faculty Is beyond the resources Of ma
ture." Tho expression. however. is not one
which would naturally be selected az indica-
tive OF purpose to teach medicine as prao-
tced ordinarily Indeed. the agencies OF cure
mentioned In the charter seem rather to ex-
clude the idea Of EMPLOYING artificially COM
pounded drugs We do rot wonder that the
Attorney General ATTEMPTED to restrict the ac-
tvties of the institution.
As was generally expected. the Governor OF
Massachusetts, has promoted Judge Oliver
Wendell Holmes to be Chief Justice OF the'Su-
preme Judicial Court o! that Common ealth
In place OF the late Wabridge A. Field The
new Chief Justice like many men now on tho
bench. was soldier before he became lawyer
Among the New York Judges now assign to
duty in this part OF the State who serveG ir the
Union army during the civil war the names OF
Edgar NJ. Cullen. William D. Dickey. William
Rumsey and Martin l.. Slower occur to US at
the moment. Capt. Oliver Wendell Holmes
was seriously wounded. and one OF his fathers
most interesting sketches tells how he was
found and brought home from the field. An
other Massachusetts, Judge who was a notable
figure in the war Of the rebellion was the late
Gen. Devths. who was Attorney General OF
tho United States under the Hayes Admins
tration.
Chief Justice Holmes has perhaps best been
described as a PHILOSOPHICAL student and ex-
positor OF the law. The address on Law in
Science and Science In Law" delivered before
the New York State Bar Association at Albany
In January last gives an excellent idea OF his
methods u Investigation and his literary style.
The following extract relative to the scope OF
judicial functions Is particularly interesting
at this time: Il do not EXPECT or think II des sir
able that the Judges should undertake to reno
vate the law. That is not their province. In
deed. precisely because I believe that the
world would be Just as wall off II 1t lived under
laws that differed from ours in many ways.
and because l believe that the claim Of our
especial code to respect IL simply that it exists.
that 1t IL the one to which We have become ac-
customed and not that IL represents an eternal
principle. am slow to consent to ovsrrulinR
a precedent, and think that our most i'm portant
duty Is to see that the judicial duel shall be
fought out In the accustomed way. But l
think it most important TO remember. when
,ver a doubtful case arises. with certain analo-
giles on one side and other analogies on the
other. that what really is before us is con-
hict between two social desires. each OF which
seeks to extend its dominion over the case
and which cannot both have their way" Judge
Holmes then points out that the Judges "ex-
ercise the sovereign preroRatiVe OF cholce IN
deciding those social questions IN really doubt
Az. -, '.,ar rnrass;ons ~ ;ndic,aI nnirion
'''''0O ~ 'i'0' '''' 1000
We have received In pam hlet form the clever
and entertaining address delivered In June be-
fore the graduating class OF the New York Law
School by Walter s. Carter 1t is full ~ OK
Gallant advice 10 Young lawyers. crlsp In s,yle
and enliyensd by numerous anecdotes. In en-
nhos,zinp the proposition that the legal prac-
titioney who prepares best succeeds most. Mr..
Carter -piyes this Illustration: TT is said OF
tbe ,ate Henry Smith. known as Henry F. Du-
y,r. who endowed Wellesley'College, that dur
IN, the Nrst vears OF his practice he never
,n.t case In the frat Mace be would never
,.ra ,ne wbicb,he did not think he ,ould win.
va ,ha r..nIt wa. that he earned the r.nuto.