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129 THE NEW YORK COURT OF APPEALS.. 255
THE PAYMENT OF FF"" AND THE CUS-
TODY OF PAPE. - Frank H. McIn-
91 THE SUBJECTIVE LAW IN RELATION
TO AND THE JURISPRUDENTIAL
SIGNIFICANCE OF, THE RECENT
FRANCHISE TAX LAW Alexander
Lee Hirschberg .
TAINED?"- William J. Kinsley . 272 THE TRUSTEES' RIGHT TO PURCHASE
THE TRUST ESTATE - Robert L.
227 HANGMAN -- Joseph M. Sullivan. ..... 71
E. Church ..
355 TRIAL BY JURY — Orville C. McLaughlin.. 286
BE EXTERMINATED - - Henry Woll-
VALIDITY OF THE PROVISIONS OF
THE WILL OF THE LATE CECIL
VALUE OF TRAINED EARS..
VOTING TRUSTS IN REORGANIZING
CORPORATIONS, AND FOR
OTHER PURPOSES -- Robert L. Cut-
ting, LL. B
WHAT IS MEANT BY “C. O. D.?"....
WHITE, A. A.- Compensation of Judges..... 241
WHY JUDGE GRAY SHOULD BE RE-
- Joseph M. Sullivan .
WOLLMAN, HENRY - Trusts and How
They Refuse to Be Exterminated......
WORLD'S FAIR WORK IN EASTERN
ABSTRACTS, CASES IN FULL AND NOTES OF CASES.
ATTORNEY AND CLI settlement for
BANKRUPTCY -- the court has not jurisdic- NEGOTIABLE INSTRUMENT - conflict of
law — liability of surety......
362 PRESUMPTION AS TO SERVICES REN-
DERED BY CHILDREN TO PAR-
PERJURY — oath by officer of foreign corpo-
ration to certificate required by laws of
foreign state ...
293 RAILROAD EMPLOYE - assumption of risk
by fellow employe.....
REAL ESTATE PURCHASED WITH PEN-
429 SION MONEY SUBJECT TO EXE-
94 RIGHT OF PRIVACY Roberson v. The
Rochester Folding Box Co. and the
Franklin Mills Co., New York Court of
SALVAGE money recovered from body
found at sea — public administrator -
432 right to property of unknown decedent.. 23
SETTLEMENT OF PARTNERSHIP AC-
COUNTS — failure to keep proper books
STATUTE OF FRAUDS — sale of lands
oral agreement for re-conveyance — part
STOCKHOLDER'S RIGHT TO EXAMINE
433 TARIFF LAWS - Philippine islands not for-
eign territory ..
TELEGRAPH COMPANIES contract
of the Penal Code unconstitutional....... 199
- U. S. Circuit Court, Southern District
The Albany Law Journal.
ripened judgment, there should be no question
whatever about his retention upon the bench A Monthly Record of the Law and the Lawyers. he has so signally honored. For these reasons, Published by THE ALBANY LAW JOURNAL COMPANY, Albany, N. Y. we believe that we but voice an almost univer
Contributions, items of news about courts, judges and lawyers' sal sentiment in suggesting that partisan poliqueries or comments, criticisms on various law questions, addresses tics be thrown entirely aside and this upright, on legal topics, or discussions on questions of timely interest, are solicited from members of the bar and those interested in legal fearless and extremely valuable member of the proceedings.
court re-elected for another term. [All communications intended for the Editor should be addressed simply to the Editor of THE ALBANY LAW JOURNAL. All letters relating to advertisements, subscriptions or other business matters Relying upon the Rhode Island statute proshould be addressed to Tue Albans Law JOURNAL COMPANY.] viding that whenever death results from a
Subscription price, Three Dollars per annum, in advance. Single wrongful act, the next of kin may maintain an number, Twenty-five Cents.
action therefor if the negligence is such that ALBANY, N. Y., JANUARY, 1902. the deceased could have done so had he lived,
suit was brought in Gorman v. Budlong (49 Current Lopics.
Atlantic Rep. 704), by the father of an infant
Axhich died because of premature birth, the The expiration of the term of office
udget reading of injuries to the mother caused by the Gray as a member of the New Work Court of defendants carelessness and negligence. In Appeals, which, we believe, w occur at the reviewing at length the cases in which recovclose of the present year, agfifterveq tydlijpeg PN has been sought for injuries to an infart public attention to the importante openen yap Before I firth, the court says that the iming the services of wise, learned and experi- puted existence in esse to an unborn child is a enced judges who have not yet doproached the fiction of the civil law by which said child may age at which retirement is made compulsory at the same moment be regarded, for its own by the Constitution of the State. We think it lenest, as in esse, and to its prejudice, not in will be universally conceded by bench and barresse. It is also contended that this action lies and public alike that Judge Gray has, during in analogy to the criminal-law rule that if a the fourteen years in which he has been a mem- child born alive afterwards dies of injuries reber of this high tribunal, made a deep and ceived while in utero, it is murder; but there enduring impress upon its records and upon is no such analogy between the tort and the the jurisprudence of the State; that he has crime. Nor is there any analogy in the statbeen ever faithful, conscientious and courteous. utes providing that posthumous children shall Deeply learned in the law, he has displayed in share in their father's estates. No recovery an eminent degree those qualities of dignity, can be had. firmness, quick comprehension and absolute impartiality which we naturally expect in a A contempt case that will interest the bar member of the judiciary and especially of its and the bench alike is that of Ex parte Stricker highest branch. Judge Gray's opinions, which (109 Federal Rep. 145). The facts of the will be found scattered through the reports for case are brief and simple. Stricker was a Cinthe past fourteen years, are those of the schol- cinnati lawyer, who also practiced in Covingarly lawyer, sound reasoner and faithful ar- ton, Ky. Arriving at the latter place to try a biter. They have enriched the legal literature case in which he was retained, he found the of the State. Such experience as Judge Gray judge was absent in Chicago, and had telehas gained during his long term on the bench graphed the sheriff to adjourn all business unof the Court of Appeals should not be lost to til a future day. Pursuant to the provisions of the State, especially as, if re-elected for a full a Kentucky statute, the attorney requested the term, he will have ten years or more to serve clerk to hold an election for a special judge to before reaching the age limit prescribed by the try the case. The clerk refused. After the reConstitution. In the prime of life, with every turn of the regular judge, the case proceeded to faculty unimpaired, and with seasoned and trial. In the midst of the trial the judge sent
Vol. 64.- No. 1.
for the clerk, and inquired who the Cincinnati New York. The question arose in the action attorney was who had requested the election of of The People ex rel. the Society of the Free a special judge while he was absent in Chi-Church of St. Mary the Virgin agt. The Comcago. The attorney stood up, and replied in a missioners of Taxes and Assessments of the respectful manner that he was the man. He City of New York. The appeal was by the was ordered to sit down, which he did, and the defendants from reversal of a Special Term orcase proceeded until the noon recess, when the der confirming their assessment of the relator's judge, without further proceedings, announced property for taxes in the year 1899. Judge that Stricker was fined $25 for contempt of Haight, who wrote the opinion, in which all court, and the sheriff would take said Stricker concur, says: in custody until the fine was paid. The peti- “ The relator is a domestic corporation organized tioner applied to the United States District under chapter 218 of the Laws of 1854 exclusively Court for a writ of habeas corpus. Judge for religious, charitable, benevolent and educational Evans, in his opinion, holds that a person who purposes, and for the moral and mental improve
ment of men and women. It is the owner of real is summarily adjudged guilty of contempt property located in the city of New York, consisting without a hearing for an act not committed in of a church building, a mission house, clergy house the presence of the court, and who, in conse- and a rectory. The commissioners of taxes and quence thereof, is imprisoned for non-payment assessments assessed the mission house at $10,000, of the fine imposed, is deprived of his liberty the clergy house at $12,000 and the rectory at $8,000.
The Special Term deducted $2,000 from the assesswithout due process of law, in violation of the ment against the clergy house and then confirmed Fourteenth Amendment to the Constitution of the assessment. The Appellate Division has rethe United States.
versed the order of the Special Term, holding that the relator was not properly assessed for any sum
whatever. Senator Hoar has, it is understood, given
The general tax law of 1896 (chap. 908, sec. 4, notice of his intention to propose an amend- subdiv. 7, as amended by chap. 371 of the Laws of
1- I su ment to the legislative, executive and judicial 1897) provides that the real property of a corappropriation bill, raising the salaries of the poration or association organized exclusively for the federal judges as follows: The chief justice of moral or mental improvement of men or women, or
for religious, Bible, tract, charitable, benevolent, the Supreme Court, from $10,500 to $15,500; missionary
or for two or more such purthe justices of the Supreme Court, from 'poses, and used exclusively for carrying out there$10,000 to $15,000; the Circuit judges, from upon one or more of such purposes; and the personal $6,000 to $9,000; the District judges, from property of any such corporation shall be exempt
from taxation.' $5,000 to $7,000. The proposed increase, as will be seen, is equal to about fifty per cent
Upon the relator's real property is a large church
building devoted to religious services, which is conall around. We hope to see the amendment cededly exempt. The first controversy arises with incorporated in the law so as to make the pro- reference to the mission house located at the southposed increase effective, and agree with our east corner of the church.
The daily use contemporary, the New York Law Jaurnal, in of the chapel for religious services, the constant the view that if there is any criticism to be reception of women and children for counsel and ad
vice, the distribution of charity, with the meeting passed upon the measure it is based upon the of the guilds day and night, would seem to make ground that the above figures do not provide the residence of the sisters in the building necessary for a sufficient increase in the case of District and an incident to the work carried on there, and judges, who are required to live in the larger not an appropriation of the building for other purcities.
poses than that for which the relator was incorporated. We are, therefore, inclined to the view that
this building is exempt.” According to a decision recently handed A clergy house so connected with the church down by the New York Court of Appeals, the building that the lower floor may be used by the property of a society incorporated exclusively congregation at crowded meetings, and which is for religious, charitable, benevolent and educa- regularly used for chapel and Sunday school pur
poses, containing a choir and vestry, and also, on tional purposes is exempt from taxation, under the upper floors, a men's guild, consisting of readingsection 4, subdivision 7, of the Tax Law of room, club-room, billiard-room, library and the sleep