The sun., 1900-12-23
NOTss Ov isoAL svsNTs.

Albany belonged TO the oldest generation
of practising Iaw wycrs. having been born In
1920 vet hs died In harness, surviving only
n few hours after the termination of trial
In which le had actively participated NJ
counsel Charles e. Beaman. tho son-in-lnv
cf MIR Evnrts and partner OF his father-in-
law and Of Mr.. Choate. vas tsenty years
younger thnn Mr.. Harris. and there was
nothing In this ar earance or bearing to
Indicate that he might not enjoy an equally
long period Of professional activity. Tho
most surprising deeth OF all. however. wns
that Of Judge Henry II. Beekman. ns that
Of sufficient duration to excite solcitude
or apprehension on the part Of his friends
or the public lie was but 65 years of age
and there is no Judge on the bench Of greater
apparent physical vigor. He was the last
Judge of the old Superior Court Of hi city TO
he elected as such. and he shortly afterward
became Justice OF the Supreme Court by
the operation OF the revised Constitution
framed by the convention Of 1894
Many measures relating to the Federal
judiciary have already been introduced
in Congress Among the House bills Ia one
to increase the membership OF the Court OF
Claims. introduced by Mr.. John +. Ri1ey OF
NtTElEl1. mat uo" COHhiNlS VI -
Chief Justice and four Associate justices
Mr.. Rixey proposes to double the number
OF Associate Justices. For the purpose Of
expedlting business the court Is to be author
lied 10 sit In three parts Of rec Judges
each; and in cases where the three Judges
do not agree the issues are to be referred
for determination to the whole court No
change Ia made In the salary, which remains
at 81, 500 year. being $500 less than the COM
pensation Of a United states District Judge.
The same member OF Congress has intro
duced another bill which would vastly In
crense the work Of the Court Of Claims. II
provides that any person who may have a
claim against tho United States. OF which
the court now has no jurisdiction. but which
IL founded uIon equity and Justice. may
file a complaint in the Court OF Claims asking
such relief as he desires The Attorney
General must appear and plead and tho
court must then try the case and report ts
findings Of fact to Congress with IL, opinion
az to what disposition should be made Of the
claim The bill would furthermore prohibit
Congress from hereafter allowing the pay
ment OF any private claim unless it has thus
first been passed upon by the Court Of Claims
This radical scheme would certainly greatly
lessen the labors which now devolve upon
Congress In the consideration Of private
claims
Mr.. Thurston OF Nebr aska hns introduced
In the senate n bill 10 estab lish an additional
judicial Circuit of the United States TO be
known as the Tenth Circuit II is 10 COM
prise six States. Kansas, Nebraska. Colorado.
wyoming and Utah from the existing Eighth
Circuit. and Montana from the existing Ninth
Circuit. II is to have a Circuit Court with
.IutrpS and a (irplit (ptlrt
OF Appeals TO be held by them and an add
tlonal Circuit Judge There is no doubt
that the Eighth Circuit Is too large and that
some such change as that which Ia coutem-
plated by this measure will have to be made
before long The proposed plan. however,
leaves tho new Circuit without any Justice
81 the Supreme Court Of the United States
10 hold court therein. unless some member
81 that tribunal shall undertake TO do judicial
duty in more than one circuit The present
number Of circuits. nine. is Just equal 10 the
number Of Supreme Court Justices, so that
there is one Justice for each circuit who sits
there for a little while Mt least once every
two years. 1t il hardly likely. hov ever. that
the number Of supreme Court justices will
be increased in order that one may be as
signed exclusively to tie Tenth Circuit II 1t
shall be created
A curious case In which an advertisement
was held to amount to warranty. was re-
Gently tried in England in the County Court
of Westminster The plaintiff company was
a corporation which manufactured q so-called
electric belt which its manager declared was
uecfulto invalids suffering from any malady
except fever II published an advertisement
setting forth the virtues of the belt accord
ingly The defendant was a resident of
oxford, who found himself low-sririted.
irritable and Afflicted with severe head
aches, and was induced by the plaintiffs
advertisement to purchase a double con-
Centratcd" belt He paid one guinea down
aud agreed to pay four guineas more. but
declined to remit this balance when he felt
vor-c with the belt than he had without it
Tho belt company thereupon brought suit
against him for the four guineas. but Judge
IuIucy Smith decided in his favor on the
ground that tho plaintiff by Its advertise
ment had warranted that the belt would have
some curative effect in such a case az that OF
tie plaintiff. whereas il had produced no
benefit whatever. A few more decisions Of
tbis cuarnct'r would do much 10 moderat"
the oAtravagant assurances of cure held out
to the public in advertisements Of medicines
Cnd medical appliances.
Great difficulty is experie need by the nedl-
preventing the illegal practice Of medicine
in that Commonwealth. II we may believe
the doctors. the responsibility rests chiefly
with the officers whose duty il is to enforce
the laws on the subject. Tho offence Of prac-
tising without a certificate from the Medical
Ex amining Board Of the state is a misdc-
rneanor which can be prosecuted only before
a Justice Of the Peace. The Secretary of the
state Board has publicly asserted that these
magistrates. for the most part do not SYM
pathize with the law against unlicensed
practitioners and hence that many we'll
unded prosecutions fail. Al sorts Of sub
trrfuges nre employed % evade the statute,
as in the case OF ono Quack who asserted that
the charges which he made 10 his patients
were not for his services rs a doctor. but
merely for the us" Of his horse and buggy
The Medical Societ" OF Virginia Is endeavor-
ing to put an end to this state Of things by
occurring an amendment to the existing law
or its better enforcement.
Inferior magistrates In Great Britain are
subjected 10 much criticism for the undue
severity and also for the undue leniency
of the sentences which they impose upon
offenders against the criminal laws. Indeed
Mr.. Labouchere in Truth publishes every
week legal pilory." as he calls 1t. In which
he contrasts In parallel columns such ex-