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corpus of the estate, under the law of discov-purpose of successfully repelling the attacks ery. Is it possible that our courts will not at which from time to time are being made upon this late day distinguish, as their predecessors the hotel interests by a class of citizens who have done, between the limited rights in com- may be justly styled fanatics or cranks. Durmon law actions — on contract or tort - to an ing the session of 1895 there were upward of examination before trial, and the essential right thirty such bills introduced, the majority of in cases of trusts ? The limited scope of legal which related to excise, and a large number to instruction since the Code is the plain cause of fire escapes, elevators, stairways and other featthis degeneration of a great equitable remedy. ures of hotel construction. In every instance By its attempted inclusion of all the rights of these measures were either defeated or so modidiscovery in general language, it has reduced fied in the committee room as to render them those discoveries that were absolute to the pro- comparatively harmless. portions of those that are limited in their na
"But, notwithstanding the vigilance of the ture.
In fact, we have practically compelled legislative committee of this Association and beneficiaries of trusts to take every risk on the that of New York city, there was one measure trial of their trustees; while the Chancery prac-of extreme importance to hotel men which tice avoided every such risk by the beneficiary. I passed both houses and reached the Governor We certainly need legislative relief to avoid before they had any knowledge of its existence. this new legal obstacle, placed in the way of I refer to the now famous Malby law, popularly every man who confides in executors or trus- called “Equal Rights Bill,' but which should
have been entitled “A Bill to Establish Unequal
Rights.' That the object sought to be attained We publish in this number of the JOURNAL by this bill was party advantage is beyond an article written by Lieut. J. S. Parke, U. S. doubt. That it will prove a boomerang to its army, on civil jurisdiction over military reser
promoters is, I think, equally clear. vations, which we consider of particular im
"Previous legislation had conferred upon portance and value, especially in view of colored citizens every right and privilege enseveral important decisions which have recently joyed by the whites. The law made it a misbeen made by the courts. The conflict of demeanor for a hotel proprietor to refuse acjurisdiction of military and civil tribunals is a commodations to a colored man, and in addisubject which requires considerable care to tion gave the latter his right of action for properly distinguish and we feel that the mili- damages. In other words, the law prohibited tary side of the question has been very ably any discrimination against a colored man on handled by Lieut. Parke.
account, or because of, his color. He had
precisely the same rights as a white maneno Of the many laws which have been widely more, no less. discussed and which was passed at the last “Under the Malby law, however, the colored session of the Legislature, few have acquired man is accorded a right which is denied to the the notoriety of the so-called Malby law. Wm. white citizen. For, while the latter, if wrong. J. Fanning, Esq., of New York city, counsel fully denied accommodation, is relegated to his for the Hotel Keeper's Association, in an ad. action for damages, in which his actual damdress to the members at the recent meeting, ages must be established by legal proof to the said:
satisfaction of a jury, the former is only called “ It may be safely asserted that every statute upon to prove that he was rejected on account enacted by the Legislature of this State modi- of his color, whereupon the jury must award fying the harsh and unreasonable doctrines of him $100, although he may not, in point of the common law as applied to inn keepers, is fact, have suffered any damage whatever. the direct result of organization among the “There is, to say the least, grave doubt as to hotel keepers of the State. But it is not alone the legislative power to enact a law so partial to secure remedial legislation that organization in its object and destructive in its effects to is necessary. It is equally important for the l private interests. The business of hotel keep
ing is in every sense of the word a private en to this end every member of this association terprise, in which the proprietor invests his should bend his energies. The combined capital and carries on his business without any power and influence of the 7,000 hotels in this special grant or license from the State. To say State will be found to be great enough to sethat the State can pass a law imposing upon cure the repeal of an act which has already him an obligation such as must, if carried out been shown to be repugnant to the minds of a to its logical results, destroy his business and large majority of our people.” ruin him financially is to acknowledge a situa
This law we believe is unnecessary and attion never intended to exist under our Consti tempts to instill a spirit into our statutes which tution.
is unwise and improper. The relations of dif“Under the amendments to our Federal | ferent races of men to each other in the end Constitution, the colored man is accorded equal regulate themselves and the only end which rights with the white man. There shall be no is gained, is that hostility and enmity are discrimination on account of color or previous encouraged among those whose relations prior condition of servitude. The United States to the passage of the act were friendly and Court has held, however, that each State has pleasant. the right to make legal provisions whereby the
Much has appeared in these columns in recolored man, while enjoying the same kind of
gard to uniformity of State laws and the subaccommodation, must conform to such reasonable rules as may be adopted by the State for ject is receiving increased notice from periodi
cals in America, while kindred attempts are the separation of the white from the colored people in hotels, railways, and other places of being made in England to attain the same end.
One of the most important conventions of public accommodation.
the year and one that was called together by “I believe, therefore, that, even assuming the imperative necessity, is that which the InterMalby law to be constitutional, it is within the State Commissioners are now holding at Deprovince of the proprietor of a hotel to estab-troit. The object is to consider the ways and lish rules for the conduct of his business whereby means of obtaining uniform State legislation. colored people shall be obliged to occupy such Thirty States are represented and the delegates special rooms as may be assigned them, provi- include some of the best constitutional and ded the accomodation furnished in such room legal authorities in the country, and although is equal to that afforded to white people in a their work is of an advisory nature, the result similar room of the hotel. And should a col
should have weight with State Legislatures. ored person refuse to accept such accomoda
The various laws relating to marriage and tion and insist upon entering that part of the divorce are the principal subjects to be conhotel reserved for white people, I believe the sidered. No one will deny that the lack of landlord would be justified in forcibly ejecting uniformity among the States on these matters him from the hotel.
has caused a national scandal. All the States “ It should be borne in mind that, in order have their own marital and divorce laws, and to entitle a colored man to the damages arbi- in many cases they are conflicting. Certain trarily fixed by statute, he must prove to the States, for example, permit marital relations satisfaction of a jury that his exclusion was on that are not recognized by others, and other account of his color. Should the colored man, States grant divorces which would not be given therefore, unduly force himself where he is not across their borders. The Dakota divorce, wanted and succeed in having himself ejected which is obtained by what is practically a from a hotel, I believe that in an action for dam- fraudulent residence, has become a crying ages brought under the Malloy law, juries would national disgrace, and it is high time to extirbe likely to treat that statute in the same man- pate this evil. ner they have recently treated the act prohibit Among the other subjects outlined for coning the opening of barber shops on Sunday. sideration, we find no allusion to the necessity
“The real solution of the question, how- of a uniform bankruptcy law. It is possible ever, lies in the repeal of the law itself. And I that the commissioners may have felt that ac
tion on this subject would not fall within their place of Lewis B. Hall. The faculty now conprovince; and, on the other hand, it is possible sists of A. V. V. Raymond, President of the that the news reports unintentionally omitted University; J. Newton Fiero, Dean on Procedmention of this important subject. Many ure, Equity and Torts; James W. Eaton, on States have bankruptcy laws and they are Evidence and Contracts; Eugene Burlingame, neither uniform, nor are they all just to the on Criminal Law; James F. Tracey on Cornon-resident creditors. To obtain a uniform porations, and Joseph A. Lawson, on Real and national bankruptcy law, national legislation is Personal Property. necessary, and attempts have been repeatedly
During the year a course of special lectures made to secure one since the repeal of the will be delivered as follows: By Hon. Charles Jencke's law in 1879; but the lack of uniform- Andrews, Chief Judge of the Court of Appeals; ity in the States that have laws ought to be Hon. Judson S. Landon, on Constitutional considered by the commissioners.
Laws; Hon. William L. Learned, on Trial The system in vogue in New York of pre- Causes; Hon. Alton B. Parker, of the Supreme ferring creditors often operates to the disad- Court; Hon. Matthew Hale, on Professional vantage of the non-resident creditor, though | Ethics; Hon. D. Cady Herrick, on Municipal his claims are just and should have equal con- Corporations; Charles A. Collin, on the Statissideration with the assignee. It was this and tics of New York, and Andrew McFarlane, other unsatisfactory workings of the State bank. M. D., on Medical Jurisprudence of Insanity. ruptcy laws that brought southern and western The change in the faculty and trustees will Democrats to their senses and gave the Torrey bring the school in closer touch with Union bill more chance for success than any other university, of which it became a part in 1873.
But an objection to the present | The change from three terms to semesters is vicious and indiscriminate State system, and considered an advantage to the school. The one that ought to have some weight with the first semester will begin on September 24 and commissioners, is the fact that no one of them close on January 31, with a two weeks' vacais familiar with all the bankruptcy laws of the tion at the holidays. The second semester bevarious States that have, them.
gins on February 3 and ends on June 3. The Other subjects will be taken up, and among close of the scholastic year, June 4, will be them are notes, checks, legal documents, the commencement day. Already the application systems of weights and measures. Legislation for admission to the school give promise of a is needed on all these matters, looking to a uni- much larger attendance than last year. fornity in State regulation, and it is to be Under the act of 1894, providing for the aphoped that the commissioners will accomplish pointment of examiners to conduct a uniform results that will bear fruit when the State Leg- system of examination throughout the State, islatures again convene.
the examination this year must be much more Congress should pass a statute providing for carefully conducted than when under the the appointment of a commission, few in num direction of the court. The consideration of bers, who will receive. proper remuneration, this matter has suggested to the present manageand whose report can be acted on by the Leg- ment the desirability of a course especially deislatures with some degree of intelligent pre- signed as a preparation for bar examinations, cision and with the same result in view.
the instructions to be of the most practical character, covering those topics of law and
practice upon which the student will be exThe Albany Law school begins the scholastic amined for admission, at the same time giving year on September 24 after a complete reorg- him a knowledge of legal principles which will anization of the trustees and faculty. New be of actual and immediate benefit in the first members have also been added to the faculty as years of his professional career. Moreover, special lecturers. Hon. Amasa J. Parker suc this course is designed to meet the needs of ceeds Hon. W. L. Learned as President of the those who desire to devote but a single year of Board and Newton J. Fiero becomes Dean in the time required by statutes in study in a law
school. Mock courts will be held the same as
As Gen. John Gibbon said when he assumed the in preceding years.
command of the Department of the Columbia in A good many years ago prizes were awarded,
1885, “The law is supreme,
" and it is to this subut this had stopped unfil the present year, preme authority that we must go to find an answer
to these questions. when the following have been founded and will
They are not new. They have arisen, have been be awarded at the next commencement. The Edward Thomson Co., law publishers, trouble is at widely different times and places and
argued and passed upon time and again, but the of Northport, Long Island, N. Y., offer the it involves much labor to search out the answers. American and English encyclopedia of law, to Hence, I cannot tell you anything new or original, the graduate who shall reach the highest stand- but can only give you, in as concise a form as posing in the performance of his general duties and sible, the results of my search. deportment.
Starting with the maxim, “The law is supreme,” A prize of fifty dollars will be awarded to the the next questions are, what is the law, how is it ingraduate who shall pass the best examinations voked and by what means applied?
The law is intended to enforce the right and preduring the course; to be known as the “Amasa J. Parker" prize, Judge Parker having been bad. It is dormant so long as there is no infraction
vent the wrong, to uphold the good and punish the one of the organizers of and for many years a of it; it cannot act when there is no offense commitlecturer at the school.
ted, because there is no offender for it to act upon. Frederick W. Cameron, Esq., offers a prize But when a crime is committed, then the law beof twenty-five dollars, to be given to the gradu- gins to act, and acts through its constituted agenate who shall make the best presentation of his cies. For the purposes of our discussion, these cases at Moot Court during his entire course.
agencies are either the civil or military tribunals. During the summer a number of changes
The powers of these tribunals are either distinctly and improvements have been made to the prescribed by statute or by long and accepted usage.
They all owe their powers primarily to that great school. A record room and needed cloakroom
source and foundation of all our rights and liberhave been provided, as well as new and im the constitution and the laws passed in acproved cases. Individual seats have been cordance with it. The only court actually created placed in the lecture room, giving it a capacity by the Constitution was the Supreme Court. All of sixty-five.
the others were created by the acts of Congress It is but natural for us to take great pride in
made in pursuance of the Constitution. While the the old school whose earliest successe
court-martial may claim the honor of being older were
than the Constitution by reason of having been in due to the efforts of Dean, Parker and other learned jurists, and whose history is replete be one of the inferior courts authorized by that in
existence before its adoption, yet it is held not to with the brilliant achievements of a large
strument, and in fact is said not to be a part of the number of the ablest members of the profession. judicial system of the government, but to belong to
the executive branch. (20 How. 65; 114 U. S. 564; CIVIL JURISDICTION OVER MILITARY
Kurtz v. Moffit, 115 1'. S. 500.) But it of necessity, RESERVATIONS.
by reason of its functions, in its forms and proced
ure is assimilated to all other courts. Like all other What is the extent of the civil authority over the courts, its “ jurisdiction and judicial authority must persons and property at a military post and on a i be derived from the Constitution and laws of the military reservation ?
l'nited States, and it can only exercise such power What are the limitations of the civil power, when as has been conferred on it by acts of Congress.” it has any, and where is the line distinctly drawn' The military courts, few in number, have their between the jurisdiction of the military and that of powers clearly defined by the laws of Congress to be the civil tribunals?
found mostly in the articles of war, so that there is When can the military oflicer say to the civilian ordinarily no difficulty in determining which one of “hands off," and when must he bow before his su these should undertake and pass upon a case, but perior authority?
i the question of the jurisdiction of a civil court These are a few of the practical questions con arises when the res, the subject matter, or the pernected with this subject which every officer is in son is amenable to either or both of these tribunals. terested in being able to answer knowingly, defi The court martial being essentially and exclu. nitely and positively.
sively a criminal court, has no jurisdiction over any
matter of a purely civil nature, such as the enforce- regulations respecting the territory or other propment of a contract or the collection of a debt, so erty belonging to the United States." that all matters of that nature are referred to the Now in accordance with these provisions, the proper civil courts where the soldier stands on the States, in giving their consent to the purchase of same footing as the citizen.
land and in ceding jurisdiction to the U. S., generThe determination of the question of jurisdiction ally reserved concurrent jurisdiction over the same. involves the person or persons concerned, the crime As an example I will give the law applicable to the committed and the locus or place where the event Post of Plattsburgh, N. Y. happened or the cause originated.
LAWS OF NEW YORK. Suppose two citizens, not in any way connected
CHAP. 18, p. 27. with the military service, or a soldier and a citizen, or two soldiers, should engage in a fight on this
An Act granting the consent of the State of New reservation.
York to the acquisition by the United States of
certain lands for military purposes in the town of In the first case the military authorities would
Plattsburgh, Clinton county, N. Y., and ceding bave no jurisdiction because they would have none
jurisdiction over the same. over the persons concerned. They could only interfere beforehand to prevent it.
Approved by the Governor, March 6th, 1890. In the second case they would have jurisdiction Passed by a two-thirds vote. over the soldier but not over the citizen,
The People of the State of New York represented in In the third case they would have jurisdiction Senate and Assembly do enact as follows : over both because they were both soldiers.
SECTION 1. The consent of the State of New In the second and third cases the civil jurisdic-York is bereby given to the United States to action would extend to all parties in both cases be- quire, by condemnation, purchase or gift, in concause it exists by law concurrently with the military formity with the laws of this State, one or more jurisdiction, and if the military authority should pieces of land in the town of Plattsburgh, county decline to act the civil federal courts could properly of Clinton, and State of New York, not to exceed take cognizance of the offense, but not any State in all 1,000 acres, for military purposes for use as a court.
parade ground, or for any military purposes conThis brings us to those cases where the conflict nected with the United States military post at arises between the civil and the military jurisdic-Plattsburgh, and the said United States shall have, tion.
hold, occupy and own said lands when thus acWithout attempting to argue against the pro-quired, and exercise jurisdictiod and control over priety of subjecting the soldier to two jurisdictions the same and every part thereof, subject to the rebut accepting it as a well established fact that he strictions hereafter mentioned. is so amenable the question for us to consider is,
$ 2. The jurisdiction of the State of New York, what is the proper course for each to pursue ?
in and over the said land or lands mentioned in the Leaving out the case of the civil liability alone, foregoing section, when acquired by the United where the civil courts have exclusive jurisdiction let States shall be, and the same hereby is, ceded to us consider a case where the jurisdiction is concur
the United States, but the jurisdiction hereby ceded rent.
shall continue no longer than the United States It is well to explain here the legal authority for shall own the said lands. this concurrent jurisdiction.
$ 3. The said consent is given and the said jurisThe Constitution says (Art. X, Amendments).
diction ceded upon the express condition that the “ The powers not delegated to the U. S. nor pro
State of New York shall retain concurrent jurisdic
tion with the United States in and over the said land hibited by it to the States are reserved to the States respectively or to the people.” It also says (Art. I, and such criminal or other process as may issue
or lands, so far as that all civil process in all cases, Sec. 8, c. 17):
under the laws or authority of the State of New “The Congress shall bave power to exercise ex
York against any person or persons charged with clusive legislation in all cases whatsoever (over the crimes or misdemeanors committed within said District of Columbia) and to exercise like authority State, may be executed therein the same way and over all places purchased by the consent of the
manner as is such consent had not been given or legislature of the State in which the same may be, jurisdiction ceded, except so far as such process for the erections of forts, magazines, arsenals, dock may affect the real or personal property of the yards, and other needful buildings.” And (Art. IV, United States. Sec. 3, c. 2):
$ 4. The jurisdiction hereby ceded shall not vest “To dispose of and make all needful rules and until the United States shall have acquired the title