The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-07-16
NOTES OF Legal Events

Tho term OF tho Hon. George A. Hardin
% a Justice OF the Supreme Court Of this
State. in the Fifth Judicial district. VIII
expire on Dec. 81, 1899. 80 that his successor
must DO chosen at the general election in No
vembsr next. He will have reached the con-
sttutional limit OF age at the end OF his term
and cannot be elected to succeed himself. The
district Is strongly Republican. and as Judge
Hardin is q resident OF Herkimsr county lit
tie Falls. tho Utica Press says 1t 10 practically
conceded that his successor shall be Her
kimer county lawyer. il the Republlcans Of
that county can agree upon man. Two OF
tho most active candidates are Mr.. F.. z. Shel-
don OF Little Falls and Mr.. A. B. steele OF Hor-
kimer. They have been travelling about tho
district In order to Insure the selection OF sat-
isfactory delegates to the Judiciary Conven-
ton. but seem to have pursued methods too
headstropR tor their own good Mr.. Sheldon.
being engaged In conVersatton with con-
stituent. waited to board a train until it was
moving 40 fast that 1t threw him to the ground
and broke his arm In two places. while Mr..
Steele was In such.haste TO attend meeting In
his own town that he jumped from a moving
train running into Herkimsr and wrenched
and strained his right lsE. SO that he has Leon
laid up for days by the accident contest
for judicial Office In tho Fifth district seems to
involve neril to life and limb.
The retirement OF Judge Hardin will create
a vacancy in the office CT Presiding Justice OF
tho Appellate Division OF the Supreme Court
in tho Fourth Judicial department. That de-
partmsnt consists OF the Fifth Seventh, and
Eighth districts and It's Appellate Division sta
at Rochester. After this year Judge William
H. Adams OF CanandaiRua vii! be the senior
member OF the court in length o: judicial ser-
vice therein and would seem to be the natural
successor to Judge Hardin rs Presiding Jus
tics. Even II Judge Folett had lived he could
not have become Presiding Justice in tho
Fourth department. az he resided at Norwich,
which 10 in the Third department. and the
Contribution requires that the Presiding JUS
tice In each department shall be resident OF
that department.
The recent decision OF the Supreme Court OF
Michigan holding tho act OF tho Legislature
uncon stitutional which assumed to authorize
the city OF Detroit to acquire and operate street
railroads Is merely an enforcement OF that pro-
vision Of the Michigan Constitution which pro-
hlbits the State from being party to or inter-
ssted In any work OF internal i'm provemsnt or
from engaging in carving on any such work.
The court simply holds that this operates to
prevent tho State from empowering city to
do what II cannot do itself We quote from
the opinion: III the Legislature may author
jzs tho city Of Detroit to enter into the pro-
posed arrangement. II may authorize any
other municipality to do SO. and by concert OF
action between the various MUNICIPALITIES they
may cover the State with means OF rapid tran
sit, owned and operated by the municipalities.
This would enable the State to do. by means
OF agencies called into being by itself. what 1t
cannot itself do and what the Constitution
forbids It's doing" 1t 10 . INSTRUMENTATION
~. - L. Cd t0
municipal ownership Of street railroads. The
court has done nothing more than to show
that the institution. whicn is the highest law
OF the State forbids such ownership. II tho
psople OF Michigan want to change their Con-
stitution In this respect there Is nothing TO
prevent them.
The doctrine OF contributory negligence has
been introduced into matrimonial actions by
a kentucky Judge named Sterling b. Stoney.
A despatch from Louisville says that he has
recently refused to grant o divorce which was
sought on tho ground that the wife was an
habitual drunkard. The husband had been q
widover for less than four mouths whom he
married the defendant. AL his relatives and
ten dislnterested nsiRhborS gave evidence
against her. Nevertheless. tho Judge de-
cl!ned to dissolve the marriage. saying: Such
preuipitancy In marriage implies want OF
ordinary care in making proper selection OF
a wife It Is an evidence OF contributory
negligence on bis part Ii he has been injured
or disappointed tho reason IL that he has lacked
prudence. Marriage 10 not an experiment.
1t 10 q solemn. sacred compact. to DO entered
into sobSrly. dlscreetly. In the fear OF God. 1t
Is a contract for better or for worse The
law OF kentucky has been severely criticised
for allowing divorces too freely; but II any
thing but lnndelity is to be considered suffi-
Client reason for dissolvinG tho MARRIAGE rela-
ton, il would seam that habitual and lncura-
bio drunkenness might well be deemed good
cause for divorce.
In tho constitutional Convention OF 1894
there we're two members named SteSlS-Wil-
liam IL Steele OF Oswsgo. who was tho Sec
ond vice-Prs sidsnt of the convention. and
Ahram b. Steele OF HOrklmer. who twisted his
leg last week In the activities OF the can paiGn
for the nomination Of supreme Court Justice
IN the Fifth district Mr.. Abram B. Steele 10
a native Of Franklin county. o., where he was
born In 1915. From early childhood until
1867 he resided IN Illinois. Then he came TO
Herkimsr. 10 this State. where he studied law
and was admitted to the bar in 1870, He has
| been President OF the village OF Ilsrkimer
and twice District Attorney Of llarkimer
! county. His portrait in the delegates man
| ual OF the Constitutional Convention is that OF
| a person Of a frank and prSpossess!n appear
! Ancs.
| The announcement comes from Nebraska
| Ahat thu aunTam a Court of THAI 6tAtA hAa m ada