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Justice Grantham to-day an aged woman suf- eyes the multitude of corsets ranged in line. It was

! fering from incurable deafness brought on by just precisely these corsets which led to the present such a blow given her in a fit of temper by an litigation, and procured for the public the pleasure irascible husband years


which deafness of listening to the lady barrister. The learned largely incapacitates her from earning her living.” counsel, it seems, edified the court with such elabo

rate technical details regarding corsets that her Lord Field, who is the oldest of the judges in retirement, completed his eighty-eighth year on the magisterial mind so bewildered as to require eight

male adversary was fairly confounded, and the twenty-first ult. He was appointed a judge of the days to ponder over the matter before pronouncing old Court of Queen's Bench in 1875 and retired judgment. It may be recalled that some years back from the bench in 1900, mainly on account of grow- Mlle. Chauvin had to fight tooth and nail against ing deafness. His patience was sorely tried during prejudice and precedent in order to secure the right the latter part of his judicial career by the disin

to practice as a barrister, after passing very brilclination of witnesses to speak out. He had some

liantly all the needful examinations. She now apthing like a formula on these occasions. “Speak pears to be reaping the reward of her patient, perup, please,” he was accustomed to say, “ do speak severing struggle which some time ago was the up. You forget that these courts were never built topic of the day in Paris. — Law Times. for hearing. They are very ornamental, perhaps, but not very -" He was scarcely ever known to The ranks of solicitors are being increasingly finish the familiar sentence.- London Law Times. recruited from the ranks of university men,

marks the Sheffield Telegraph. At the last final The Humanitarian League have drafted a bill, examination of the Incorporated Law Society some the object of which is to check the wholesale de- twenty per cent of the successful candidates were struction of birds for purposes of ornamentation. holders of university degrees. At the bar the tenThe birds scheduled in the bill are those which dency is the other way, and these two opposite appear to be more especially in danger of extinc- directions will perhaps continue until even the very tion owing to the demand for them in the feather junior barrister will no longer speak of solicitors market; and all of them are British birds in the as belonging to the lower branch of the legal sense that they are native in one or another part profession. of the empire. A memorandum issued by the league states, as a proof of the extent of the destruction

The lord chancellor has consented to become the that at present goes on, that at a recent sale in president of the Pegasus Club for the ensuing year, Mincing-lane a single dealer offered 2,151 birds of and he will take the chair at the annual dinner of Paradise and 1,181 Impeyan pheasants, together the club, which will be held at the Grand Hotel on with large numbers of other species.- Law Times. Saturday, the twelfth of April next. The International Society of Comparative Juris

A decision to which we would draw attention is prudence and Public Economy, which has its head- the Luton Hoo tapestry case. The late Madame quarters at Berlin, but which boasts a distinguished De Falbe was the wife of a Mr. Leigh, who died membership throughout the civilized world, has in 1875, and left Luton Hoo House to her for life. just undertaken a work of great importance.


In 1883 she married M. De Falbe, and in 1886 proposes to issue a series of volumes containing decorated the drawing-room by fixing seven tapesthe private law of the different civilized communities tries, worth some £7,000, in frames to the walls. of the world, drawn up, so far as circumstances per- It is now contended by the heir-at-law that these mit, on the model of the German Imperial Civil

were annexed to the freehold, and so

on Mme. Code of 1900. The place of honor in the series has De Falbe's death belonged to him, as they went been alloted to the English volume, the editorship with the house. This was not accepted by the of which has been intrusted to Mr. Edward Jenks, House of Lords, for as the lord chancellor pointed with whom a number of distinguished jurists will out, both the purpose and the degree of annexacollaborate. It is hoped that this volume will ap

tion must be considered. Tapestries of this kind Dear before the close of 1903.- Law Times.

are merely pictures in another form and are capable

of being moved easily and without damage to Mlle. Chauvin, one of the few lady barristers in themselves and the freehold, unlike frescoes, whose France, has just acted as counsel in an action for removal would necessitate their destruction and infringement of patent corsets. The court-room is injury to the house. Upon the point raised this case described as resembling a music-hall stage rather is in distinct contrast to the one we have menthan anything else, so numerous were the elegantly tioned above. Few subjects, perhaps, have given dressed ladies, examining with expert feminine ' rise to more difference of judicial opinion than fix

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tures, and we do not think that in the future there barking in matrimony were called, respectively, will be less litigation upon this matter, owing to " Doctor and Patient," and the third, Beans and the reason that the facts in each particular case Bacon.” The fourth couple was put off for four must be considered separately.- Law Times. and twenty hours because their patronymics were

“ Toogood and Best.” “Come to-morrow," said ANNOUNCEMENT.

the cleric; “sufficient for the day is the evil

thereof."— Daily Telegraph. United States Senator John L. McLaurin and Frank L. Welles have formed a law partnership un

A lawyer once asked the late Judge Pickens, of der the name of McLaurin & Welles, with offices Alabama, to charge the jury that “it is better that at 1333 F street, Washington, D. C. It is their in- i ninety and nine guilty men should escape than that tention to practice in the Supreme Court and de

one innocent man should be punished.” “Yes," partments for non-resident attorneys, either

said the witty judge, “I will give that charge; but, leading or associate counsel.

in the opinion of the court the ninety and nine guilty men have already escaped in this county.”—

Exchange. Humorous Side of the Law.

Tired of the long-winded oratory of the attorney Not long ago Judge Dickey, of the Supreme for the defense, the judge interrupted him. Court, who hails from Newburgh, was holding court

“Mr. Sharke," he said, may I ask you a in Brooklyn, says the New York Times. The question?” lawyer for the defendant in the case before him “Certainly, your honor. What is it?” occupied the time of the court by asking practi- Language," said the judge, are told is cally the same question over and over again. given to conceal thought, or words to that effect. Judge Dickey called his attention to this fact once Inasmuch as you don't seem to have any thought or twice, and finally became provoked and said to to conceal, I would like to know why you are the lawyer:

talking?”– Ex. “You have gone over that ground time and time again, counselor. Your questions suggest

Mr. D., of Boston, a devotee of the wheel, was

crabs' to me — they always go sideways and do not get not long ago visiting in one of the small towns of ahead - and I do not like crabs."

western Massachusetts. He was taking a spin The lawyer pleasantly replied:

about the streets shortly after his arrival, when he “Well, I am sorry that your honor does not like

run down, as he afterwards declared, by a crabs; and I most respectfully differ with you in negro and knocked off his bicycle. The fall not that respect, as well as others. For my part, I like only ruined his dignity and his clothes, but broke crabs, but I do not like lobsters, especially lobsters his shin and wheel. a la Newburgh!”

These combined injuries made a breach in his

placidity, and he picked up a stone and threw it Judge Craig Biddle was escorting a visitor to with accurate aim at the colored man and brother. Philadelphia over the city, and as they passed the . This infraction of the peace resulted in his arrest penitentiary the visitor inquired blandly:

and in his conviction in the local court of justice. "Judge, is that a new distillery?”

“I fine you five dollars," said the judge. “ Have “Not exactly,” answered the judge; “but it is a

you anything to say?" rectifying plant."— Philadelphia Times.

“Nothing," replied D., unmollified, “except that " It gets curioser and curioser," exclaims Alice I wished I had killed the fellow.” in Wonderland. Mr. Pitt-Lewis, K. C., the deputy “ That remark will cost you five dollars more," judge of the City of London Court, was inclined to remarked his honor. do the same. Some time ago he tried a

case of D.'s temper was not improved by this fresh disAlabaster v. White; a little while afterwards there pensation of justice, wherefore the bitterness of his was one of High v. Low; and now he was con- rejoinder was plainly apparent. fronted with a suit of Halfpenny v. Penny. His *Conversation seems to come high in this court," honor was at first under the impression that some- he observed. one was playing a joke, but the litigants were real “ Five dollars for contempt," promptly responded enough. Strange conjunctions of names occur, the bench. “Have you anything more to say?” however, in other places than law courts. In the "I think not,” answered the defendant. “You early part of the century a parson in Bloomsbury have the advantage of me in repartee." began one morning by tying the nuptial knot be- Payment of the fines closed the case.-St. Louis tween “ Prior and Nun." The second couple em-: Lumberman.


The Albany Law Journal. Constitution makes of the governor a dictator

Constitution makes of the


and of our form of government a despotism. A Monthly Record of the Law and the Lawyers.

He is accountable for the proper exercise of the Published by The Albany Law Journal Company, Albany, N. Y. power granted him to the people of the State.

Contributions, items of news about courts, judges and lawyers' We do not think his action is reviewable by queries or comments, criticismis on various law questions, addresses the courts. Let us suppose a case in which an on legal topics, or discussions on questions of timely interest, are solicited from members of the bar and those interested in legal elective officer of the class referred to in the proceedings.

section were found, after election, to be a [All communications intended for the Editor should be addressed felon who had never been restored to citizensimply to the Editor of THE ALBANY LAW JOURNAL. All letters relating to advertisements, subscriptions or other business matters

ship. Could not the governor remove him? shonld be addressed to THE ALBANY LAW JOURNAL COMPANY.]

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Subscription price, Three Dollars per annum, in advance. Single

We have heretofore adverted to the fact that number, Twenty-five Cents.

the term for which John Clinton Gray was ALBANY, N. Y., APRIL, 1902. elected an associate judge of the Court of Ap

peals, will expire with the current year, and Current Lopics.

have urged his renomination by both of the

great political parties this fall, in order that the Judge Gaynor's decision in the case of

State may make absolutely certain his retention Sheriff Guden, of King's county, raises one of

on the bench of the great tribunal of which he the most interesting questions that have been

has been a member for nearly fourteen years. before the courts of this State for a long time. That question is simply whether or not under In addition to the convincing reasons adduced the Constitution, a governor has the right to why such a course should be taken, the followremove an elective officer for offenses commit- ing excellent article from the New York Sun ted prior to entering upon the duties of his of March twelfth is of peculiar interest and office. Justice Gaynor holds that he has not

importance: this power, that he can only remove an officer Whichever political party may succeed in the State for offenses committed in office. We think election in November next, there is one thing which that Judge Gaynor is

should be done by both parties, and that is, to and Governor wrong

nominate for associate judge of the Court of ApOdell right. The power of removal which peals and to re-elect to office the present incumbent, the governor has in the premises is conferred whose term expires at the end of this year, John by section i of article io of the State Constitu- | Clinton Gray. And this nomination should be made tion, which reads:“ The governor may remove by Republicans and Democrats alike, irrespective of any officer in this section mentioned, within the party or of partisan motive, because of the conscien

tious and faithful service rendered to the State by term for which he shall have been elected; giv- Judge Gray in the many years throughout which he ing to such officer a copy of the charges against has already adorned that bench. He has given him, and an opportunity to be heard in his de- fourteen consecutive years to the public service, and fense.” This language is clear and unequivo- the question of his re-election now comes before the cal; the governor's power is absolute. What people.

Judge Gray is in the prime of life, and has many the nature of the charges must be is nowhere

years before him in which he can continue the great in the organic law specified. The officers men- and good judicial work which he has already done. tioned in the said section are sheriffs, county Able, impartial, intellectual and of the highest perclerks, registers and district attorneys. The sonal character, he certainly deserves re-election!

The Court of Appeals is not only the court of last only qualifying clause of the grant of power

resort, the decisions of which are final, but above is that which directs the governor, before tak- and beyond that, it is a court which has merited and ing action, to notify the accused official in order which has received the regard and admiration not that he may explain and disprove the charges, only of the bar, but of the general electors, because if possible. This is precisely what Governor it has upheld the safeguards of the State ConstituOdell did in the Guden case. We find our

tion and has firmly adhered to the preservation of

our organic instrument of government. And no selves unable to agree with Judge Gaynor in

man on that bench more fully deserves the recognithe contention that this interpretation of the tion of his merits than does Judge Gray. His

Vol. 64. — No. 4.


opinions are of the best type, strong and just, re- importance of its preservation could not receive a markable for their wealth of legal learning and for more striking illustration than in the present inaccurate discrimination when nice points of law are

Whatever else be done, John Clinton Gray involved. Moreover, they are clear and lucid, and must be renominated for judge of the Court of written in pure and correct English — virtues which Appeals. do not always accompany high ability on the bench. If we look over the list of judges of the Court of

It would be difficult to add anything to the Appeals since the Corstitutional Amendnient of 1869 above convincing statement, and we shall not we find that in every instance during all this period attempt it, contenting ourselves with a reiteraof time – during the whole history of the court as tion of the hope that Judge Gray may be honat present constituted - every judge has been re

ored by a unanimous re-election to the bench nominated by both parties who could have been so renominated, except Judge Francis M. Finch, who of the court which he has so signally honored. preferred not to be re-elected, because, in the event If there is any department of the State governof such re-election, he would only have had about ment where experiments should be sedulously one year to serve before reaching the age limit which avoided, it is in the judiciary. Judge Gray has, would have compelled his retirement. Sanford E. Church, William F. Allen, Martin work, given ample evidence of the possession

by his fourteen years of brilliant, enduring Grover, Rufus W. Peckham and William C. Ruger died during their respective terms of office. Charles of those qualities everywhere recognized as J. Folger resigned in 1881 during his term of office. indispensable in the judges of our highest Theodore Miller retired in 1886 because he had at- courts. That he will be honored in the mantained the Constitutional limitation of age, and ner suggested, we have no doubt whatever. George F. Danforth retired in 1889 from age limitation. Rufus W. Peckham (the second) resigned in 1895 during his term of office upon being appointed a

The bill which was intended to do away with justice of the Supreme Court of the United States.

But the only three judges of the court - aside from the abuses connected with the publication of Judge Finch, whose case we have explained — who the Supreme Court Reports and reduce the could have been renominated by both parties, were cost of the same to the legal profession, seems Charles A. Rapallo, Charles Andrews and Robert to have run against the rocks” in the assemEarl, and they all were not only renominated by both bly, after having been thoroughly aired before parties, but were practically unanimously re-elected.

Charles A. Rapallo, who was elected a judge of the codes committee and finally reported favorthe Court of Appeals in 1870 at the age of forty-seven ably to the lower house of the legislature. Mr. years, served a full term, and in 1884 was renomi- Blackwell, the energetic and able young memnated by both parties and was re-elected by the sub- ber from Brooklyn, whose name the bill bore, stantially unanimous

of Democrats and Republicans alike. He died during his second term. made a gallant fight against big odds, and it is

nothing to his discredit or any disparagement Charles Andrews was elected judge of the court in 1870 at the age of forty-three years, and after of his ability that he was finally defeated in his having served his full term of fourteen years, in conscientious endeavor to bring about a real 1884, he was renominated by both parties and re- and long-needed reform in connection with the elected, virtually, by the unanimous vote of the publication of these reports. That the opposielectors of the whole State. Eight years later, in tion were able to defeat the bill when it came 1892, after the death of Chief Judge Ruger, Judge Andrews was nominated by both parties for chief up for second reading, by the specious claim judge and was elected by the practically unanimous that as it carried an appropriation it ought to vote of the State. The third instance is that of have been referred to the appropriations comRobert Earl, who was renominated and re-elected mittee, is a sad commentary upon the subserviby both parties in 1889. In 1894 he retired from age ency of the majority in the house where, unlimitation. This analysis speaks well for the people of this

fortunately, there are many automatons who State; it speaks well for the two great political par- can be counted upon to “ follow their leader," ties, because this unbroken record shows the readi- right or wrong. Leader Allds's motion to reness of the people to disregard party lines in the ser the bill to the appropriations committee was renomination of able and worthy judges, who have carried by a fairly close vote, and that comnitrendered honorable and unremitting service to the public. The record of the past must not be de- tee, of course, carried out the previously arstroyed. The same high estimate of judicial merit ranged programme to smother the measure. and of judicial integrity must be preserved, and the But, like Banquo's ghost, it will not down;


there is no good reason why Mr. Hun or any of the jury — in fact, with us the jury is to a other private individual should be permitted to great extent the servant of the judge to do traffic in the copyright of these books, and by his bidding, instead of being, as it ought to be, means of the contract for their printing and a separate constitutional part of the court.” publication enjoy very large emoluments which Mr. Landrum’s article will serve to call the should go to the treasury of the State. On the attention of the profession to this tendency of contrary, there is every reason why the publi- procedure, and it is to be hoped that some recation of the Appellate Division Reports should form may come out of the discussion. be under the charge of an official reporter, as is the case with the Court of Appeals and Miscellaneous Reports, and in our opinion this would

In the death of Judge Noah Davis the prohave been done long ago but for the sinister in- fession has lost a profound lawyer, an intellect fluence of the Printing Octopds which is re- clear, forcible, vigorous and versatile. In the ported to have strewed “rocks ” plentifully in judicial offices which he filled during his long the path of this reform measure. But the

and singularly useful career he proved a valuopposition will not always be successful. The able and faithful public servant, evincing rare measure will be introduced again next year

tact, skill and judgment and a mental resource and perhaps with better results for the public which few of his contemporaries could boast. at large. In the meantime, the governor

In the reports of the decisions of the General should exercise his prerogative, at least so far Term of the Supreme Court of the First Deas the Miscellaneous Reports are concerned, partment he has left a monument of legal and compel a reduction in the price of the learning and sound, practical sense more envolumes to at least ninety cents.

during than of stone or metal. The vacancy caused by his death will not be easily filled.

Judge Davis was born at Haverhill, N. H., We publish in another part of this issue a September 10, 1818, but when he was seven timely and interesting article by Mr. Linton years old his parents removed to Albion, N. Y., D. Landrum, of Columbus, Miss., on the sub- where he was educated. Graduating from ject of general pleading imposing upon juries school, he took up the study of the law and the decision of questions of law. “ It is very was admitted in 1841. Three years later he evident to any competent attorney," says the formed a copartnership with his old friend, author, “ that the system of general pleading |Sanford E. Church, afterward one of the most now coming into use, whereby general issues, eminent lawyers and judges in the Empire involving both fact and law, are submitted to State, and that connection continued for fourjuries, thereby necessitating charges from the teen years. At the age of thirty-nine, Mr. court to the jury as to the law for which they Davis was appointed a justice of the Supreme are not qualified and were never intended, Court, to which office he was twice returned. strikes at the very foundation of our jury sys- In 1868, having served for two years as a tem. Common-law pleading grew out of the judge, he resigned, due to his overwhelming jury system, since this system, providing two election on the Republican ticket to the lower tribunals, the court for the decision of ques- house of congress. His service as a legislator tions of law and the jury for tlie decision of was broken into a little more than a year later, questions of fact, necessitated some mode of when he resigned to accept from President procedure whereby the fact and law involved Grant the position of United States attorney in a pleading might be separated, so that the for the southern district of New York. This law might be submitted to the court and the office he held for two years, to resign once fact to the jury for its decision. The first was more as a public officer on his election as juseffected by the demurrer and the second by tice of the Supreme Court, to sit in the term special pleading. The present system in use expiring in 1887. It was during this period of with us is the civil law procedure when they his service as a justice that there were held had no juries. The effect is to magnify the before him the famous trials of “Boss powers of the judge and to minimize the powers Tweed for malfeasance in office, and that of

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