The sun. [volume] (New York [N.Y.]) 1833-1916, 1900-04-08
NOTES or LEGAL EVENTS

49, s''NN' - N'~
Southern District OF New York. refusing TO
order tho removal OF John 7. Gaynor and
others 10 the District OF Georgia for trial there
upon n charge Of conspiracy In connection with
tho frauds In which Capt. Oberlin NJ. Carter
was Inn plicatsd. has provoked some extraordi-
nary criticism from the Department Of Justice
In Washington. IL Ia reported that tho Attor-
ney.General OF the United States has de-
nounced tho decision IA IN warrantable by the
law or the facts and that the Solicitor. Gene raj
has characterized II as outrageous. These at
tacks will have little weight here In New York
whore Judge Brown had achieved a reputation
for distinguished legal ability and fair minded
ness long before the public had ever heard OF
Mr.. Griggs or Mr.. Richards. II these gentle
men think that he has made q mistake the
right course for them to pursue Ia to take the
necessary steps to procure an Interpretation Of
the law by n higher tribunal. A lawyer gains
little by simple abuse Of the Judge who has
declded against him.
Gov. Roosevelt has designated Judge Edward
W.. Hatch Of Buffalo to succeed Judge George
c. Barrett as one OF the Justices OF the Appellate
Division OF the Supreme Court In this depart
ment, The probability that this appointmen ant
would be made was mentioned last week. but
II had not been officially announced. Judge
Almet +. jerks OF Brooklyn Ia to be the success
soroi Mr.. Justice Hatch on the Appellate Dlvis-
Ion In the Second Department. The designa-
lions do not take effect until the 10Th inst.
This provision will enable Judge Hatch to
finish all the work which he has on hand as a
member OF the Brooklyn Appellate Division
and will permit Mr.. Justice jerks to sit through
the trial term which he Is now holding In
Orange county at Newburgh.
The decisions OF the Court OF Appeals review.
ing the work OF the Appellate Division OF the
Supreme Court. as constituted under the exist
ing judiciary article. are contained In the Now
Reports from volume li9 70 volume 100. The
totals OF the Appellate Division cases affirmed
and reversed. arranged according to depart
ments. are as follows First de partment New
York county. %aGirmances. 23a: reversals. ~
Second department tBrooklynL. anirmances.
1Gl reversals. 80. Third department Albany,
anirmances, 81 reversals, %. and fourth De-
partment Rochester. afirmances. 80; rryer.
sails. 10. These figures do not by any means
! represent all the work Of the Appellate Division
| since ia organization. as many Of the cases
heard there cannot or do not go to tho Court Of
Appeals.
An i'm portant decision has just been rendered
In England In regard to the relation OF strikers
to tho Poor law. During the great coal strike
OF 1898 the authorities in some parts OF Wales
furnished labor, food and money to the striking
GOLFERS themselves, to their wives and families.
and to other worknien than those employed In
the collieries, who were forced to he idle on &C.
count Of the strike. Legal proceedings we're
In instituted to test the right OF the Poor law on
GERS to devote any OF the public money raised
| hy taxa,Inp 20 tho annnArt ~ tha ptriE-
ers. the argument being that the col.
liers could obtain employment II they liked
and that the taxpayers should not be COM
PEELED 20 maintain them In idleness sim ply
because they were dissatisfied with the wages
offered. This view did not prevail In the trial
court. where Mr.. Justice Romer held that the
strike came within the beneficial scope and
operation Of thu Poor law. In the Court Of Az.
peals, however. his decision has been reversed.
oil the Judges OF that court being OF the
opinion that. no matter what may be the
merits OF a controversy concerning wages. q
man who refuses TO work simply because he
deems the employers terms unreasonable is
not entitled to sustenance out OF the public
funds.
In the batch of decisions handed down by the
Court OF Appeals on Tuesday was an afirmance
VI ~ JdAEh IL u dllicsOh 81
the New York and Rockaway Beach Railway
Company. The suit arose out Of the destruc-
ton OF some buildings near the line OF the
railroad at Hollands Station by Are. The FIRE
was alleged to have been caused by sparks
emitted from one Of the defendants locomo-
tives. There was an ice machine OF consider
able value In one OF the buildings. and the
plaintiff recovered a verdict Of $685. 25. On
appeal % the Appellate Division. this amount
was cut down to S26. 700 on the ground that
the Jury we're instructed that they must include
interest from the date Of the fire In their YER
cict, whe reas they should have been told that
they might award such interest. but were not
obliged 10 do 40. The case il remarkable not
only for the large recovery. but on account Of
tn" lnfrequency of damaget to buildings BY fire
from locomotives.
The supreme Court OF Ohio has recently de-
cided that the northern boundary of that State
is the line between the United States and Can
ada as fixed by treaty. AMI that a SPOT ten miles
out 10 Lake Erie. northeast Of Cleveland. where
some fishing nets were seized as being used
! contrary 10 the provisions OF an Ohio statute. is
a locality In the State OF Ohio, and not Included
in what is usually known as the high seas.
The statute to which we refer provides for the
connscation. at the instance Of the Fish Com
III lSNl III VI clNul iVNS ilpNbJ' ~ FASiu-
ton Of law: but It onits to provide for any Iu-
dicial proceedings by which the property
is to he adIudged liable to be conas-
Gated. This omission Is held TO render the
! enactment unconstitutional. II therefore
affords no protection to officers acting under
Il: and in the case In which II has been pro-
| nounced invalid. the persons Selling the nets
have been compelled to pay their value $500
u the owners. In the case Of Colon IS. Lisk
l53 New York Reports. page 1873 a statute Of
this state which provided for the forfeiture ol
boats used in interfering with the oysters OF
another person. by IneanS. Of a summary pro-
| ceeding before a Justice Of the Peace, was con-
demned a. unconstitutional becauSe II did not
give the owner Jury trial and because IL IN
volyed the confscation OF private property FOR
| the enforcement Of private rights.
A person who described himself a. Edwin
W, Alabone, VI. D.. Bellevue College, NJ. d.
| Phil L. :. A.. was recently prosecuted before a
London Magistrate. at the instance Of the GEN
| eral Medical Council. for willully and falsely
Ill