The sun. [volume] (New York [N.Y.]) 1833-1916, 1900-09-16
NOTES or LEGAL zvsxss.

eFetohA VI bhut Oldtts tuCibulnN Nnt tuTNlNuI
Of the so-called aide Judges In the Vermont
judiciary. Two Of those officers are clected
In each county. to ait with a Justice Of the su-
preme Court when holding a term Of that tri-
bunal within their bailiwick. Usually they arc
laymen and a. matter OF fact take no part In
the business OF the court. although legally
their powers are the same as those OF the SUI
prem ~~urt Justice. 1T IL n tradition In one
OF the counties" says the Proudencs Journal.
-thnt q side Judge once declared that the only
time hs WAS ever consulted by the actual Judge
was one day after a long trial, when the Court
turned and asked him n sitting still 90 long
did not make his anatomy ache Prior TO
1889 there were side Justices In the Courts ~
Oyer and Terminer In all the counties OF this
State other than the county Of New York.
They were elected from among the Justices Of
the Peace In the county. In 1882 the IeGis-
lature amended the law 80 ~ TO provide that tho
Court Of Oyer and Termlner should be held
by a Justice Of the Supreme Court without
any associate. This was on account Of the dis
satisfaction occasioned by the action OF the
side Judges In overruling the Supreme Court
Justice In several cases which had excited
general public interest.
In the celebrated case OF the People against
Bork. the city treasurer Of Buffalo was con-
viotet ~ population and embezzlement. upon
a trial In 1881 before a Court Of Oyer and Termi-
ner in Erie county. held by Judge Charles
Daniels OF the Supreme Court and two Justices
OF the Sessions. as the side Judges were called.
In consequence OF various proceedings to
review the conviction. the defendant was not
brought up for sentence until May, 1898. when
Judgment against him was pronounced by a
court consisting OF tho same three persons be-
fore whom he had been tried. Meantime.
however, the amendment had been passed
declaring that a Court OF oyer and Terminer
should be held by a Supreme Court Justice
alone. The sentence was attacked on the ground
that tbs side Judges had no longer any right
TO participate In imposing Il. The objection
was overruled 81 General Term, Judge Barker
dissenting, but was sustained In the Court
OF Appeals, and tho case was sent back 10 the
Court Of Oyer and Termine In order that the
prisoner might be lawfully sentenced by a tri-
bunal in which there should be no side Judges.
A physician employed by the Board Of Health
OF New Bedford as a public vaccinator has re-
Gently been subjected to an annoying criminal
prosecution for vaocinating a child Ave months
old. The charge was assault and battery.
1t appeared that the defe Id while engaged
In the work Of vaocinating In a tenement district,
visited the home Of a Mrs. Braley and ascer-
tanned that her six-year-old boy had not been
vaccinated. He thereupon vaccinated the
lad without any objection on the part OF the
mother. who. however. remarked TO him at the
time: You wont have to vaccinate my baby,
will your" The doctor answered that he
thought he would. and in response 10 further
objections by the mother told her that she
would have TO settle them with the Board Of
Health. He then proceeded to vaccinate
the baby. II was proved without contradic-
ton that the mother, Notwithstanding her
remonstrances. barred the infants arm for
the operation; and the court acquitted the
defendant on this ground. holding that II was
convincing evidence that the complainant,
although undoubtedly reluctant, had finally
consented that the child should be vaccinated.
A medical controversy, growing out Of the
willingness Of certain doctors to treat the
members Of fraternal and benevolent societies
at reduced rates. is about TO be carried into the
courts Of Massachusetts, at Springfield. The
Hampden County Medical Association has ex-
pressed Its disapproval Of this practice. Insist
ing that no special arrangements for charging
less than the ordinary fees should be made
with these organizations. but the societies
seem to have found no difficulty in securing the
services Of other physicians who agreed TO
treat their members for a stipulated sum per
annum. hus far, there was no room for It'll
cation. II appears, however. that n patient
who was sent by one Of these s~o-called con-
tract physical ns to the Grey HospitalinSpring-
field was refused admission 10 that institution
unless the doctor In attendance withdrew from
the case. which be finally consented to do for
the sake Of th' patient. who required treat
ment which could be afforded only at ospital.
A atit uiI nxv Ia hrot1ht 20 acnartaIp upba,Lor
the hospital stan could lawfully take this action
under its charter, which provides that all pa
TENTS sh II be treated there who are brought
to the institution by reputable physicians.
he criminal statistics Of the Dominion Of
Canada for the year ending Sc t. 20. 1899. show
that twenty-five persons were charged with
murder during the period covered by the report.
These cases resulted as follows: Eleven con-
victlons, all followed by the inhioticn Of the
death penalty. nine acquittals, three prisoners
detained as insane and two cases in which tho
prosecutions are still pending. The proportion
Of murder cases in the United States IL so much
larger AS TO Justify the Canadian newspapers
In congratulating themselves on the COM ara
tive freedom Of their countrv from crimes OF
violence. The Ctdtrd Journal attributes the
difference largely TO the lax laws and the lax ad-
ministration OF the law in the United States.
In Canada. We are told, there are practically
no delays. There is no appeal to a second
court. No stop Is possible EXCEPT V the action
Of the Minister Of Justice, which IL rare and to
which the majority Of Canadians strenuously
object under any circumstances. OF twenty
Ave accused murderers In Canada last year.
eleven we're hanged. or nearly one in two.
OF the 1880 accused murderers In the United
States In partly the corresponding year. 100
were executed or one in seventy-one." No
argument Is needed TO convince us that there
ought not TO be any such disparity as this. We
cannot agree, however, that defendants In
murder cases should be denied the privilege
OF appeal, although II is true that In many
States the practice on such appeals Is too dlia-
tory
The decision Of Mr.. Justice Gorell Barnes. to
which We referred at the time when II was
rendered. forbidding the divorced Countess
Cowley from continuing to use that title, has
been reversed by the English Court Of Appeal.
in the branch held by the Master Of the Rolls
and Lords Justices Rigby and Collins, The
appellate tribunal comedies that the lady. who
has married aga.n since she procured her
divorce from the Earl, has no legal right to
the designation OF Countess Cowley: but IL
II f.on. thIa oanoaaaf.p A., A.