Imágenes de páginas
PDF
EPUB
[ocr errors][ocr errors]

drawing the same, where the facts have been fully obtain a judgment, could hasten the period within stated to him by the assured. Ib.

which the power must be fully exercised.

Paine, J., dissents. State ex rel. Hasbrouck v. MilJURISDICTION.

waukee. 1. State and federal courts.—The fact that an insur

NOTICE. ance company, created by the laws of another state, Of equitable title to land. - Where P., being the equidoes business in this state in conformity to its laws table owner of sixty acres of land, of which three-fourths regulating the transaction of insurance business by for

of an acre had been cleared and fenced, left it in eign companies, and that its agents here are authorized charge of a person living on an adjoining tract, who to accept service of process from our state courts, does chopped wood upon it and cultivated the clearing, the not deprive it of the right to transfer to the federal land being in a densely timbered and sparsely settled courts (under the 12th section of the judiciary act of country, and the neighbors generally understanding 1789) a suit commenced against it in a court of this state that it belonged to P., - Held, that this was such a posand by a citizen thereof. Knorr v. Home Ins. Co. of session as constituted notice of P.'s right to one who N. Y.

took a mortgage from the holder of the legal title. 2. (Paine, J., is of opinion that so much of the judi Wickes v. Lake. ciary act as provides for the transfer of causes from the

RAILROADS. state courts to the federal courts is invalid. Cole, J., 1. The city of Watertown issued its bonds in aid of though of the same opinion, acquiesces in the applica- the Milwaukee and Watertown Railroad Co., which tion of the act to this cause, to save loss and embarrass guarantied their payment. Afterward that company ment to the parties. Dixon, C. J., holds the act became consolidated, in pursuance of law, with the valid.) Ib.

Milwaukee and La Crosse Railroad Co., which subse3. Where one is restrained of his liberty within a state quently sold the Watertown division of its road by a military or other ministerial officer of the United (including what had previously been owned by the States, the state courts have jurisdiction to inquire, by Milwaukee and Watertown Co.) to a third corporation, habeas corpus, into the legality of his detention, and to which sold it to the defendant. Held, that while the discharge him if detained without authority of law. guaranty of said bonds became part of the general In re Tarble.

indebtedness of the Milwaukee and La Crosse Co., 4. So much of the act of congress of March 2, 1867, after the consolidation, defendant, as purchaser of the constituting ch. 196, acts of the second session of the Watertowu division of its road, is not liable for any thirty-ninth congress (14 U. S. Statutes at Large, 558), part of such indebtedness. Wright v. M. & St. P. R. as provides that a citizen of one state, who has com W. Co. menced an action in a court of another state against a 2. Where part of a tract of land has been taken for citizen thereof, may remove it to a federal court, is a railroad, if the market value of the residue has been invalid. Whiton v. Ch. & N. W. R. W. Co.

reduced by reason of the road crossing it, the owner is

entitled to damages for such depreciation. Snyder v. LANDLORD AND TENANT.

W. U. R. R. Co. Tenant for life, in possession, who takes a tax deed for taxes due before his tenancy commenced, if he can

3. In such case witnesses, who are farmers owning

land in the vicinity, may be asked how much, in their acquire title at all thereby, holds it for the benefit of the reversioners as well as for his own. Phelan v.

opinion, the land has been thus depreciated. Ib. Boylan.

“SURVEY." See Insurance against Fire.
MUNICIPAL CORPORATIONS.

TAXATION. See Municipal Corporation.
Where a city was authorized to build a harbor, issue

TRANSFER OF CAUSES TO UNITED STATES COURTS. See its bonds for the price, and raise money by taxation to

Jurisdiction. pay the interest and principal thereof as they should become due, but, on its failure to issue the bonds, the

VENDOR AND PURCHASER. contractor obtained a money judgment for the amount, Where a purchaser of land accepts a deed expressly and the city had no property on which execution could conveying it subject to a mortgage, and excepting said be levied,–Held, that the city council had the power, mortgage from the covenants of warranty and against and would be compelled by mandamus, to levy and col incumbrances, but does not himself covenant to pay it, lect a tax to pay such judgment.

the land is primarily liable as between him and the Cole, J., rests the decision mainly upon a provision vendor; and the vendor is liable for any deficiency in the charter subjecting all the property of the city to after a foreclosure sale, fairly made. Cleveland v. taxation for the support of the city government and Southard, etc. the “payment of its debts and liabilities," and the acts which authorized the city to construct the harbor and

BANKRUPTCY LAW, thus create a liability therefor; holding that any limi

NOTES OF NEW DECISIONS. tation in the charter upon the power of the council as to the amount and objects of taxation could not affect

ALLOWANCE TO COUNSEL. a subsequent grant of authority to incur the liability, Where a counsel for petitioning creditors obtains an and that the grant of power to issue bonds, etc., was adjudication, and performs other services incident to merely additional to the power already existing to the bankruptcy proceedings, but it does not appear raise money by taxation to meet such liability.

that he has in any way recovered property fraudulently Dixon, C. J., holds that the power to levy a tax to conveyed to, or possessed of by, creditors, and the pay for the harbor was conferred by the acts authoriz assets of the estate amount to about the sum of fifteen ing its construction; that no default of the city or thousand dollars, an allowance of one thousand dollars subsequent act of the legislature could deprive the made to the counsel for petitioning creditors, by the contractor of the benefit of such power; but that the register before whom proceedings are pending, is too city, by compelling the plaintiff, through its default, to extravagant, and will not be confirmed unless assented

COPARTNERSHIP.

to by the assignee, the bankrupts and all the creditors of the bankrupts specifications are filed in opposition who have proved their debts. In re Sanger & Scott. to their discharge, on the grounds of a want of jurisU. S. Dist. Ct., S. D. of N. Y.,5 N. B. R. 54.

diction, Held, that section thirty-six, taken in con

nection with section eleven, supplemented by general APPEAL.

order XVIII, should be construed together. Section Motion to dismiss.-Where a decree is entered in the

thirty-six provides, that “if such copartners (that is, district court in favor of complainant, and respondent

copartners in trade, who are sought to be adjudged files notice of appeal giving requisite bond, and citation

bankrupts on the petition of themselves or any one of issues within ten days and in due time, but the trans

them of any creditor of theirs) reside in different dismiss upon appeal not having been filed in the circuit

tricts, that court in which the petition is first filed shall court until May, 1871, after two terms had gone over, retain exclusive jurisdiction over the case. The court on motion to dismiss appeal because transmiss had not

which first obtains jurisdiction over the subject-matter been filed at next term after the appeal, held, motion

of the petition, and over the person of the petitioner, denied because time to dismiss appeal had been shall have exclusive jurisdiction over the case; that is, enlarged by agreement of counsel, which is permis

over the subject-matter of the petition, and over all sible, and therefore this case does not come within

the copartners, if the non-petitioning copartners be decision In re Alexander, 3 N. B. R. 6. Baldwin,

brought in by appropriate process. Objections to assignee, v. Rapplee. U. S. Cir. Ct. N. Y., 5 N. B. R. 19.

jurisdiction overruled. In re J. R. Penn et al. U.S.

Dist. Ct., S. D. of N. Y., 5 N. B. R. 30. Where nearly all the debts against a bankrupt copart

PRACTICE. nership, comprised of three copartners, have been pur

1. Where a bank went into liquidation in accordance chased in the interest of two of the copartners, by two

with the provisions of a state law in 1868, pursuant to of their friends, to whom the money for such purchase

the decree forfeiting its charter, and commissioners was furnished by those partners, the third partner, not

were appointed to administer the affairs of the bank, contributing, objects to the proof of the purchased

and they accepted the trust, giving the necessary bonds, claims as illegal, although it is not denied but that they

which trust they continued to fulfill for a year, when were originally bona fide claims against the copartner

an involuntary petition for the adjudication of the ship, held, that a decree will be entered providing for

bank and the commissioners bankrupt was filed in the the payment in full, by the assignees, of the unpaid

United States district court of the district, alleging and unpurchased proved debts, with interest; for the

fraudulent preferences in payments by the commispayment into court of the amount of the unpaid

sioners, and also praying that a provisional warrant unproved debts, with interest; for the payment of the

might issue to take possession of the assets of the bank commission of the assignees, and the charges, fees, dis then in the hands of the commissioners, - - a decree in bursements and expenses of their attorney and counsel,

bankruptcy was made, and injunctions granted against and the fees of the register and clerk; for the payment

the commissioners. The commissioners, within ten to the two purchasers (friends of two of the bankrupts)

days of the decree, filed a petition for the review by of the amount paid out by them in the purchase of the

the circuit court of the decree and order of the district copartnership debts, together with interest; for the

court, and the circuit court affirmed the decree, etc., of transfer of the remainder of the estate by the assignee the district court. Morgan et al. v. Thornhill et al. to the bankrupts, jointly, by proper instruments. In re

U. S. Sup. Ct., 5 N. B. R. 1. Lathrop et al. U.S. Dist. Ct. S. D. of N. Y., 5 N. B. R. 43.

2. Application for an appeal to the United States

supreme court being immediately made, was refused JURISDICTION.

by the circuit judge; but more than ten days after the Where a plea in abatement sets up that the writ,

decree of the circuit court an appeal was allowed by an issued in an assumpsit by assignee to recover money

associate justice of the United States supreme court. paid by bankrupt by way of preference, does not show

lield, that decrees in equity, in order that they may be jurisdiction, and that in point of fact there is none,

reëxamined in this court, must be final decrees, renbecause proceedings in bankruptcy are pending in

dered in term time, as contradistinguished from mere another district, writ does not allege that any bank

interlocutory decrees or orders, which may be entered ruptcy proceedings are pending within this district, but

at chambers, or, if entered in court, are still subject to it will be presumed that plaintiffs were appointed as

revision at the final hearing. If this rule were not folsignees in the other district, for otherwise they would

lowed in allowing appeals to the United States supreme have taken issue on the plea. Held, that jurisdiction

court, every question arising in the courts may be inis only vested in the courts of the district in which definitely protracted, and the beneficent purposes of the bankruptcy proceedings are pending for the adjust- bankrupt act be thereby defeated. Appeal dismissed ment and collecting of matters arising therefrom, and

for want of jurisdiction. for such suits as this one. The United States district court of Rhode Island cannot entertain this case, because proceedings were begun in the state of Massa

1. Where a creditor who has been carrying and rechusetts. Sherman et al. v. Bingham et al. U. S. Dist.

newing a note, enters up judgment by virtue of a warCt. Mass., 5 N. B. R. 34.

rant of attorney attached, and issues execution, the

debtor having, three days before, absconded, leaving PARTNERSHIP.

his property and creditors unprotected, the business Where one member of a firm files his petition in one community and newspapers being in speculation as to state and requests his copartners to join him in the his departure and means, and the creditor having come proceedings, which they refuse to do, but subsequently to the conclusion that “there was something wrong,' appear by attorney and consent to an adjudication, and that his interests as well as those of the surety on whereupon all the members of the firm are adjudicated the note require that judgment should be entered, he bankrupt, and upon the application for the discharge | obtains such a preference as is avoided by the thirty

PREFERENCE.

fifth and thirty-ninth sections of the bankrupt act.

SCHEDULE, AMENDMENT OF. Golson et al. v. Neihoff et al. U. S. Dist. Ct., N. D. of 1. A register has the right to allow amendments to Ill., 5 N. B. R. 56.

the schedules on the ex parte application of the bank2. The simple fact that a man doing a large business, rupt, at any time while the cause is pending before pays under special circumstances a large discount for a him, but it is the better practice, if there shall have loan, is not notice of insolvency to the creditor, it being been an appearance on the part of creditors, to issue shown that at the time similar commercial paper was an order to show cause, etc., and to require due notico selling at high rates. Ib.

of such application to be given. In re Heller. U. S. 3. The preference upon a judgment note is not ob Dist. Ct., S. D. of N. Y., 5 N. B. R. 46. tained when the warrant of attorney is given, but when 2. It is the duty of the bankrupt to amend his schedthe judgment upon it is entered. Ib.

ules so as to make them conform to the facts, and that 4. If, at the time of the entry of judgment, the cred the filing of specifications does not deprive him of that itor has knowledge of his debtor's insolvency, or notice right or release him from that duty. Ib. of such facts as make it reasonable to believe him in 3. The register should allow all necessary and proper solvent, he is guilty of intending a fraud upon the act. amendments whenever a proper cause therefor is And where he thus executes the dominant power, such shown. Ib. entering of judgment is an act of bankruptcy, partici

WIFE AS CREDITOR. pated in by the creditor, and all advantages obtained

The bankrupt’s wife may prove as a creditor against under it are in violation of the law. Ib.

his estate in bankruptcy, for money realized by him 5. It is not a sufficient answer to say that the war

out of property which she held as her separate estate rant of attorney was given to secure a bona fide under the statutes of Massachusetts, if the evidence debt, and that at the time the creditor has no

clearly shows that the transaction was intended to be knowledge of his debtor's insolvency. The question

a loan and not a gift. In re Blandin. U. S. Dist. Ct. depends upon the knowledge or information which Mass., 5 N. B. R. 39. the creditor had at the time he made his warrant operative. Ib.

BOOK NOTICE. 6. Where the debtor was a merchant and judgments had been recovered against him, executions thereon

On Representative Government and Personal Repre

sentation, based in part upon Thomas Ilare's treatissued and levy made on his stock of goods, conceded

ise, entitled "The Election of Representatives, valid liens, an indorser for the insolvent, whose liabil Parliamentary and Municipal.” By Simon Sterne. ity had become fixed by the protest of two several

Philadelphia, 1871: J. B. Lippincott & ('o. notes, purchased the entire stock of goods, giving as We received this work a short time previous to the part payment his two checks (which were duly paid), destruction by fire of the establishment of our pubthe one to pay the sheriff for the amount of the levy lishers, and were unable to notice it at the time. It is and conceded value, and the other to cover his liability a well-written treatise, of some two hundred pages, as indorser on notes then due and to become due, the upon the subject of representative government, and is amount of such purchase being the full value of the devoted to the advocacy of what is known as personal stock and more than could have been realized at a

representation. forced sale, it being agreed the purchaser should As is well known, under our present system of electaccount for and pay over to the insolvent the surplus ing representatives, for both the national and state arising from the sale to an amount larger than that legislatures, the individual voter must cast his ballot included in the checks. In March, 1869, bankruptcy for a candidate to represent the district where the proceedings were commenced against the insolvent, voter resides, and for that candidate absolutely. It alleging a fraudulent preference, etc., and an adju thus happens that if the person voted for does not dication followed. The assignee brings his action receive enough votes to elect him, his supporters are to recover the value of the goods, and for a decree unrepresented — their votes have been thrown away. that the purchaser be prohibited from filing claims Other disadvantages are claimed to follow the present against the bankrupt's estate, or even being enti system, the principal one, however, being the necestled to a dividend in the moneys advanced by him sity for the voter to choose between two parties, while to pay the lien admitted valid. Held, that as it he does not wholly approve of the doctrines of either. was evident that there was an intent to

To remedy these defects an ingenious scheme of ballotpreference, but even if no such intent existed it ing is here set forth, of which it is impossible within must be held that the transfer was in fraud of the the limits of this article to give even an outline. This bankrupt law, and must be set aside on that ground, scheme allows the voter to cast his ballot for any perand the indorser taking the transfer held to account. son he desires, no matter where such person resides, That the bankrupt law has provided the best mode and to cast it contingently for any number of others. of administering the estate of an insolvent, and will For example, he can cast a vote for A., with directions tolerate no attempt by individuals to devise and to the canvassers that if the vote is of no use to A. it carry into effect some other plan inconsistent shall be counted for B., and if of no use to B., for ('., therewith, nor justify such an attempt by the excuse and so on ad infinitum, and all this without regard to that they thought such plau wiser or better. That de the locality ere A., B., C., etc., reside, or may be fendant must, therefore, account for all moneys in his candidates. possession, and that he must pay the market value of The system set forth by Mr. Sterne certainly bears all the property he cannot deliver, with interest thereon marks of careful, thoughtful study, and, so far as we from the time he sold or appropriated it to his own use can see, would, if honestly carried out, result in just from the date of the sale, and also must pay the amount what he intends. The members of our representativo of his collections, with interest since the demand. bodies, instead of being divided into two great parties, Cookinham et al., assignees, v. Morgan et al. U. S. Cir. would be split into a dozen or more small ones. If he Ct., N. D. of N. Y., 5 N. B. R. 16.

thinks this would be an improvement on the present

secure a

that one,

style, we are confident that he has never watched

THANK YOU.—Speaking of the ALBANY LAW JOURclosely the proceedings of a legislature composed of

NAL, the Bench and Bar for July says: “The fact that the adherents to more than two political parties. Any

the JOURNAL has so soon recovered its vitality, and man who has had to do with such a body will tell him,

now appears regularly, speaks volumes for the enterthat when you there introduce, in sufficient number

prise of its publishers. Concerning its editorial conto influence its action, individuals who hold them

duct we can find nothing to criticise. It is fresh, selves responsible to neither of the great parties, you

interesting and lively, and is, take it all in all, our best introduce an element of discord and corruption. But legal periodical. Its weekly visits to a lawyer's office even this element is always influenced by the knowl

cannot fail to be welcome, and we heartily wish it a edge that its power is transient and uncertain, and

long continuance in its successful career. if not both, of the parties of which it is for a time so independent, will shortly call it to account. What would be its conduct if its tenure was certain,

THE KU-KLUX AT MEMPHIS. — A correspondent and it looked only to its friends for judgment? The

living at Memphis corrects our statement that persons conflicts of the club and the bar-room would be trans

were on trial in that city charged with being Ku-Klux, ferred to the public assembly, and conspiracy and

and that the federal soldiers were guarding the court. corruption take the place of party faith and party

He states that these Ku-Klux trials were held at discipline. We must say, that, with all its evils, we

Oxford, Miss., and not at Memphis; “that there has prefer the old way.

never been a moment since the organization of the

court in the spring of 1864 that any violence has NOTES AND QUERIES.

occurred in or about the court, or that the judge or Editor Law Journal:

any officer has been menaced or molested, or that any Sir-Section 267 of the code of procedure, as amended

soldiery of any kind has been present or near to the in 1870, provides that “upon the trial of a question of fact

court for its protection.” Our statement did the good

people of Memphis wrong, and we gladly make the by the court, its decision shall be given in writing, and

amende honorable. shall contain a statement of facts found, and the conclusions of law separately; and, upon a trial of an issue of law, the decision shall be made in the same

LEGAL NEWS. manner, stating the conclusions of law. Such decision shall be filed with the clerk within twenty days The Bar Association of the city of New York has a after the court at which the trial took place. Judg- membership of 488 persons. ment upon the decision shall be entered accordingly

The insurance registry law lately enacted in Kenfour days thereafter.” Will some of your readers in

tucky, is said to be a precise copy of the New York form me whether, under this provision, the decision

law, defects and all. on the trial of a question of fact must be filed within the twenty days, and whether judgment thereon must Ex-Judge Austin, formerly of California, a native of be delayed four days from the filing thereof?

Nova Scotia, and a half-brother to United States Sena

QUERIST. tor Howe, died at Victoria on the 13th inst. Editor Law Journal:

Hamilton College has conferred the degree of LL.D. Dear sir – When a county judge, acting as a justice on Hon. Sanford E. Church, chief judge of the court of the supreme court at chambers, has granted an of appeals of this state, and on Hon. John W. Dwiinjunction order, has he jurisdiction to punish as for nelle, justice of the supreme court of California. contempt a disobedience of such order?

R

In the case of Mrs. Fair, under sentence of death, an

appeal has been filed in the supreme court, and a writ ANSWERS.

of supersedeas issued. The appeal will be heard in Sir - The inquiry of “Lex," in a recent number of

October, and there is no likelihood of her being hanged the JOURNAL, may be easily answered, if a little

before January next. thought be brought to bear upon it. A deed from a married man, unaccompanied by his

The Tichborne case has been adjourned until Novemwife, does not cut off the right of the wife to dower in

ber. It is stated that since the adjournment some of the premises conveyed.

the sailors who were on the Belle at the time of her The execution being issued against the husband alone,

loss have been discovered, and will be introduced as and the title to the estate passing to the purchaser by

witnesses on the resumption of the trial. The nature a deed from the sheriff making the sale, cannot convey

of this forthcoming evidence is not disclosed. a greater estate or title than the person against whom We understand, says the London Law Times, that the execution issued had, and, being virtually the deed the governing body of the Inner Temple intend of the husband alone, cannot extinguish the wife's to make examinations compulsory upon all their sturight of dower.

QUIDAM.

dents before calling them to the bar, and that a sum of

£2,000 per annum will be devoted to providing an Sir - In the number for July 15, 1871, of the ALBANY

efficient staff of lecturers and examiners. LAW JOURNAL, at page 482, “Lex” makes a query, which I answer in this way:

The president has made the following appointments : “No act, deed or conveyance of the husband, or James Neville, United States attorney for Nebraska; judgment or decree confessed by or recovered against | John S. Armstrong, agent for the Indians of New him, will prejudice the wife's right of dower.” Scott Mexico, Albiquim agency; Henry A. Eastman, regisv. Howard, 3 Barb. 319; Denton v. Nanny, 8 id. 618. ter of the land-office, Prescott, Arizona; H. Latham, Yours, respectfully,

of Arizona, commissioner of centennial exhibition at C. A. PARKER. Philadelphia.

standard of professional excellence and personal integThe Albany Law Journal.

rity required of candidates for judicial honors; the

bench of the state maintained in a great degree, if not ALBANY, AUGUST 5, 1871.

wholly, its former respectability and influence, and the long line of appalling evils which the new system

had threatened seemed happily averted. But, while THE BAR AND JUDICIAL NOMINATIONS.

in all organismis, the conservative or vital forces are The great mistake of this century in this state was, always at work, repairing injuries, accommodating undoubtedly, that action of the people, or their polit-themselves and the system to new necessities and ical leaders, which made our judiciary elective, and emergencies, and removing foreign and deleterious compelled our judges to return to the people, at com substances, which have intruded themselves, there is paratively short intervals, for re-election. This, we also insidiously busy the force of natural decay and believe, was rather the work of demagogical party disintegration; and in this republic the track of this leaders than of the people. The natural tendency of elemental force is most conspicuous in the unhealthy the body politic, in states in which the great mass of creation of a new profession, the political. A class of the people are honest and intelligent, is analogous to inen have grown up who devote their entire time and that in the natural body; insensible wounds are attention to political intrigue and wire-pulling; the healed and the operations of the various parts accom- manipulation of caucuses, and the general management modate themselves to the existing state of affairs, so of party machinery; who control and secure party that health and vigor remain unimpaired, even after nominations, and accept their fees as unblushingly as the system has received serious and dangerous shocks. if they were honoralıly earned. Here men, by dint If a dangerous innovation is made in the state, the of thorough organization and complete understanding people, without organized combination, but still by among themselves, have obtained, in our larger cities common consent, instinctively adopt such a line of particularly, the entire control of party machinery, action as shall most tend to neutralize its evil effects and the people have little to do but to record the and prevent injury to the common weal. In no in edicts of their practical masters. Sometimes, indeed, stance, perhaps, has this natural conservative tendency the people revolt against this new power, and by a of the people been more clearly demonstrated than spasmodic effort destroy programmes, “smash slates," in the history of our judiciary since the adoption of and cover the intrigants with confusion and defeat; but the constitution of 1846.

these spasms usually exhaust their force in one camRecognizing the difficult and delicate character of paign, and while the people repose on their laurels, the the responsibility which had been thrust upon them “professionals ” creep back to their strong-holds and unsought, and perceiving with a sure insight the result reign as absolutely as before. of reason in the individual but seeming like instinct Throughout the entire state the offices in the legisin the mass, that the selection of judges should be lative and executive departments are practically in delegated by the masses upon some compact body of the control of this class. But it is only in the city men, whose training, experience and personal and of New York that they have as yet succeeded in business acquaintance with the probable candidates taking away from the people and their chosen agents, should render them peculiarly fit for the duty, the the lawyers, the selection of judicial officers. The people tacitly placed the whole matter in the hands results have been most grievous and appalling. The of the bar, and at primary judicial conventions sent to gravest judicial scandals have arisen; and accusations the nominating convention such lawyers as seemed to of judicial bribery and corruption are freely made and be acceptable to the rest of the profession. They defiantly and irrepressibly published. Whether these never trammeled these delegates with instructions, accusations are true or false is nothing to our purbut, leaving them free to follow the dictates of their pose. That they have become possible and exist at judgment, accepted the result of their deliberations as all is of itself a sufficient demonstration of the dethe best attainable under the circumstances.

structive tendency of allowing judicial nominations to The profession accepted this responsibility, and dis- fall into the hands of corrupt, venal and irresponsible charged it with the same fidelity, the same care and professional politicians. Already the bench in New deliberation, which they exercised in the conduct of York, and, as a sort of corrollary, the bar also, has lost other business intrusted to them and the employment more of the popular respect and confidence than it of other delegated powers.

can regain in a generation, and this loss carries withi The result of this conservative action of the people it as an inevitable sequence the demoralization and was soon apparent; the selection of the judges was pro tanto disintegration of the social organism. almost wholly withdrawn from the whirlpool ot' politi To arrest the extension of these evils into the cal strife, and out of the reach of those baneful influ-country districts of the state, requires the united and ences which have been gradually demoralizing and zealous efforts of the bar. The example of the New corrupting the other departments of government, and York politicians has not been without its effect, and for a long time there was no apparent declension in the now certain Hungry Ones in various parts of the state

« AnteriorContinuar »