The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-01-08

Has Been Done by the Court.
This afternoon at o'clock will COM
mence the annual Scranton session of
the Superior court, to last two weeks.
-Four of the Judges, the court attaches
and many out-of-town lawyers have
already arrived to attend the sessions.
The first judge to put in an appear
ance was Hon. John l. Mitchell, Of
Wellsboro, Tioga county, former United
states senator, who was elected to the
Superior court last fall, and who VIII
| make his first appearance on the bench
| today. He succeeds Hon. Dinner Bee
ber, Of Philadelphia, who was appointed
In 1898 to fill the vacancy caused by
the death of Judge Reeder, Of Easton.
Judge Mitchell arrived Saturday and
is stopping at the Jermyn. Yesterday
| he was entertained by his son-in-law.
Deputy Attorney General Fred w.
Fleitz.
Judges George Il. Orlady, Of Hunt
ington; William d. Porter, Of Alle-
gheny, and William w. Porter, Of
Philadelphia, arrived last evening and
| are also at the Jermyn. President
| Wilkes Barre at noon. Judge James
a. Beaver, of Bellefonte. is to arrive
| at o'clock this afternoon. Judge p.
Z. Smith, of this city. is away from
home and will not sit with the court.
WHAT THE ACT SAYS.
Court Crier w. *. Taylor and his
| assistant, Samuel Collins. of Philadel-
phia, came on Friday. They were ac-
companied by Tipstaff John 7. Con-
| molly, veteran politician of Mont
gomery county, who has achieved no
little distinction as the leader. in his
| neighborhood, of the insurgent forces.
There will be no opinions handed
| down until next Monday. The decision
! on the appeal in the Little litG case
is among those that are looked for at
| that time.
The first week will be devoted to two
cases transferred from the Pittsburg
| district and the cases from Carbon,
Columbia, Monroe, Montour. Wyoming.
Luzerne and Lackawanna counties.
The Lackawanna list will be called
| Wednesday morning at 10 o'clock.
Dauphin, Bradford, Susquehanna and
| Wayne county cases will be heard next
| week.
| One Of the important cases to be
heard this week is the appeal of Banker
Samuel Hazlett. of Washington, Pa,
| from his conviction for embezzlement
| in the quarter sessions Of Washington
county. He conducted private bank
in Washington. that had deposits
amounting to nearly half million.
| March IS, last, he closed the doors OF
the bank and two weeks later made q
general assignment for the benefit OF
his creditors. The depositors claim he
was insolvent and knew it for long
time prior to the failure, and that his
assets do not amount to more than
twenty-five cents on the dollar.
OFFICERS OF COURT HERE.
Under the Act of 1889. a banker who
accepts deposits when he is insolvent
and knows it is guilty Of embezzle-
ment. He was tried under this statute
and convicted. His defense was that
he is not insolvent. but only tempor-
airy embarrassed and if given time
could have realized from his assets
sufficient to pay every cent Of his debts
District Attorney Alex. Templeton and
Attorney Albert S. Sprowls, Of Wash
ington, represent the commemorative
Colonel w. w. Arnett, of Wheeling
w. Va, is attorney for the defendant
Next week will be heard the cele-
| brated child labor case Of the Com
monwealth against Bailey, in which the
factory inspector act is attacked on the
ground that it is unconstitutional.
Apropos the first 1900 session of the
court the following resume of its work
compiled by the Philadelphia Ledger,
will be interNting:
The Superi& court, while the young
est TRIBUNAL in the commonwealth in point
of years, has reached Il stage in Its his
tory when it is possible to estimate the
| practical results of its work, and the
closing year makes accessible a series OF
calculations having an interesting bear
ing on the subject.
The act of assembly creating the court
went into effect on July l, 1895. the object
| of the statute being to relieve the S'i-
IRENE court, the only appellate tribuna!
of the state, of a mass of business which
IL found impossible to adequately handle.
The growth of this courts business may
be judged from the fact that in 1873 the
| appeals in G7S cases were taken to IT,
| while the number had increased to 10,
in 1894, and during 1898 Lee appeals were
taken TO both appellate tribunals.
JURISDICTION OF COURT.
The Jurisdiction of the Superior court
| extended originally to all criminal mat
tiers except murder cases, civil proceed
ings involving less than $1,000 ana III the
quarter sessions, which generally includ-
ed road cases. A summary Of the result
during 1895 is scarcely possible. both
| courts being in a stage of transition but
the statistics for the succeeding years
| give this showing:
ls96--Supreme court, G53 appeals, rs per
cent; Superior court, isS appeals. az per
| cent.
ls97-Surreme court. us appeals So per
cent; Superior court, $50 appeals, 45 per
| cent.
lS?s-Supremc court, CPS appeals, IS per
cent; Superior court, t5l appeals, AZ per
| cent.
lS99- Supreme court, 663 appeals 80 per
cent; Superior court, G09 appeals, As per
| cent.
1t will thus be seen that the appellate
| jurisdiction was, excepting during 1892
not divided into equal parts, the Supreme
court taking about 10 per cent. more
cases than the Superior tribunal. The
result for the past year was greatly af-
fectcd by the recent amendatory act OF
the legislature, cnlaraipg the jurisdiction
Of the Superior court to include civil cases
involving 81, 40 and under, and proceed
ings In divorce, This statute went into