Various

“ The Court said: “The only claim made by the petitioner in connection with her application is that jury service is incidental to and a part of suffrage, and since, by the recent amendment of the State Constitution, women are qualified to vote, they must be made jurors. The fallacy of this contention is found in an examination of the history of the jury system since the adoption of the first Constitution in the State of New York. While citizenship has always been a qualification of jury service, every voter has not been included within the jury lists. ”

“ It will be observed from the opinion that the duty rests upon the defendant to object to an indefinite postponement of sentence; that his failure so to do creates a presumption that he assented thereto, and that his assent or acquiescence to such postponement disenables him to complain when thereafter the Court imposes sentence, whether within or without the term in which the conviction is had or plea taken. ”

“ The House of Representatives, with its too-many members, is far more reflective of public sentiment than the Senate, and actually does its work more expeditiously when a majority of members desire quick action. ”

“ What the assignor could deliver to The People’s Trust was the conditional sale agreement, and that was done. Had the transfer been to secure a debt, the delivery of the conditional sale agreement would savor more of a pledge than a chattel mortgage, but, as the assignment was absolute and not conditional, it was neither. ”

“ It is the duty of Law Schools to dissuade the man of ordinary ability and meagre education from beginning law study, and, if he will not be dissuaded, to apply to him standards of proficiency and attainment worthy of the profession to whose membership he aspires.”
The Washington Conference is over and the results are more than gratifying. Only the blindest obtuseness on the part of the United States Senate has prevented early ratification of the various treaties made by it. ”

“ He refers to leading examples of cases in which history has moulded the rules established by precedents and customs, and how the Law Merchant has not been moulded into a code, but has been expanded and enlarged to meet the wants of trade, and how the course of dealing to be followed is defined by the customs, or, more properly speaking, the usages of a particular trade, or market, or profession, and the natural and spontaneous evolutions of habit fix the limitation of right and wrong. ”

“ A reform in the Senate is of such importance that too much public attention to its improper methods of carrying on public business cannot be given. The press of the country should be a unit in demanding a change in methods and results. The New York “Times” thinks the trouble is largely due to the fact that there is a dearth of strong men in the Senate; that there is no great inducement for a strong man to go to the Senate as a new member, because he is practically “frozen out” of any good committee assignment for a long period of time. ”

“ From History and Philosophy and custom he passes to the power of Social Justice, which he says is the force that in our day is becoming the greatest of the directive forces of the law. It is by the way of history and tradition that he comes to the method of Sociology. ”

“ Yet, as I have often had occasion to point out in these reports, increasing numbers of men of mediocre ability and inadequate preliminary education are being attracted to the law by the ever-increasing facilities for law study. What, under the conditions of law study and admission to the Bar of a generation ago, was a task of magnitude testing the patience, stability, character and intellectual power of the prospective lawyer to the utmost may now be performed with relative ease. ”

“ Mr. Dodd was fond of Governor William Pennington and liked to talk about him. They became acquainted when they met in a cow case at Orange. An old woman’s cow was run down and killed by a Morris & Essex train and young Dodd sued the railroad. It had not then been judicially determined in New Jersey whether a cow or the locomotive had the superior right of way. The case was tried before a Justice of the Peace with a jury. Dodd was very much on his good behavior and treated the Governor with extreme courtesy. ”

“ The lot was already too shallow for the greater part of its frontage for ordinary building purposes, and to divide it further was to leave two narrow strips, one fronting on Elizabeth avenue and the other on First avenue, neither of any sale value, or practical value for any purpose.
It was held by the Court of Errors and Appeals in Aldridge v. Essex Road Board (51 N. J. L. 166) that assessors may not divide a lot for the purpose of assessment so that, should a sale result to collect the tax, the property would not bring as much as if sold as part of the original parcel. ”

“ The inference which the contestants would have the Court draw from the facts is that the decedent intended to die intestate, so that her property would go to her children equally, and that her objection to making a will that night indicated her desire to die intestate, for she knew that her end was near and believed that if the making of the will were put off until the next day she would be dead and dead intestate. ”

“ Remarking that picketing is illegal if it has an immediate tendency to obstruct free passage such as the streets afford, consistent with the rights of others to enjoy the same privilege, Justice Swayze continued:
“Thus men may accost one another with a view of influencing action, but may not resort to persistence, importunity, following and dogging. The number of pickets may of itself make the picketing unlawful, since it may amount to intimidation. ”

“ The highwater mark of Vice Chancellor Dodd’s judicial duty was reached in the memorable case of Pennsylvania R. R. Co. v. National Railway Co., 23 Equity 441, decided at the February term, 1873. This was before the General Railroad Law, and there was a strong movement, backed by much public opinion, and attended by some public excitement and high feeling, to break the monopoly of the Pennsylvania Railroad Company by uniting interests and connecting existing roads, so as to secure an independent through line between New York and Philadelphia. ”

“ The paper writing purporting to be the will of Elizabeth Marion is consequently admitted to probate.
WOMEN JURORS. Does the right of suffrage entitle women to serve as jurors? This question has been answered in the affirmative in Michigan, where it was held, in People v. Barltz, 180 N. W. 423, 12 A.L.R. 520, that a constitutional declaration that every inhabitant of the State, being a citizen, shall be an elector and entitled to vote, makes women electors within the meaning of a statute requiring jurors to be drawn from the electors, and they are therefore entitled to perform jury duty. ”

“ Some malefactor, with more money or spirit than the others, paid Governor Pennington a good fee and instructed him to fight. The Governor had been informed of the current gossip, and thought he would see what he could make out of it. So he told the jury in his most impressive manner, that a man is taken to be innocent until he is proved to be guilty ”

“ He became also a specially appointed Judge of the Court of Errors and Appeals, thus strengthening its equity side. In a Court many of whose most important issues are in equity, and one of whose members is the Chancellor, who is precluded from sitting in equity cases, it is always well that some of the Judges should have, or have had, the valuable experience of sitting alone in equity, and dealing at first hand with the rules of equity practice and procedure. This has been the case with Justice Bergen and Mr. Dodd. ”

“ In reassessing appellant’s lot I suggest a different ratio of concessions for short lots. The concessions adopted by the Commissioners are one-half the concessions allowed by the Newark, or Hoffman rule, in valuing short lots in regular assessments. As evidenced by the result reached in the assessment appealed from, the concessions are inadequate, and I see no reason why the full concessions established by the Newark rule should not be adopted. ”

“ Yet this does carry us very far upon our road to the truth. The spirit of the age, as it is revealed to each of us, is only too often only the spirit of the group in which the accidents of birth, or education, or fellowship have given us a place. ”

“ In the lecture on the methods of History, Tradition and Sociology, he shows how the method of Philosophy comes in competition with other tendencies which find their outlets in other methods. The tendency of a principle to expand itself to the limit of its logic may be counteracted by the tendency to confine itself within the limits of its history. “Very often,” he says, quoting Justice Holmes, “the effect of history is to make the path of logic clear. ”

“ To constitute a mortgage the right of redemption must exist, and where such right is established the form of the conveyance is not controlling. Wilmerding, Heguet & Co. v. Mitchell, 42 N. J. L. (12 Vr.) 476; Hastings v. Fithian (E. & A.) , 71 N. J. L. (42 Vr.) 311. An assignment of a chose in action, even if it be a security for the payment of a debt, is not a chattel mortgage within the meaning of the New Jersey Chattel Mortgage Act. ”

“ Everyone knows that threats of bodily harm may be made by a mere show of force, without violence of language or breach of the peace, and that mere numbers may intimidate. The real question is, ‘Does the conduct under existing facts amount to intimidation?’ Twenty-five or fifty pickets may, when a single picket probably would not. ”

“ The 4th Ward assessment roll received in evidence shows substantial variations in the value of properties on Elizabeth avenue, and inspection of the line of improvement about a mile in length shows greater traffic and better building and values toward Seventh street than opposite and below appellant’s lot. The intersection of Elizabeth avenue and High [pg 82] street, a few feet West of Seventh street, is a business center for that part of the City, and values and traffic are materially greater in that vicinity than below Third street. ”

“ It is admitted that at the contract rate the work which was performed by the plaintiff would have amounted to $18,562.80. Since this case is submitted for judgment without pleadings, and since the statement of the case and the stipulation of facts make no provision for interest, the judgment of the Court will be in favor of the plaintiff and against the defendant for that sum.
IN RE ELIZABETH AVENUE ASSESSMENT. (Union Co. Common Pleas, Jan., 1922) . ”

“ Every business man knows it is not the time to pension well soldiers of the late war further than the States are doing it. We have always doubted that the best officers and soldiers of the country were behind the movement. ”

“ Wentink expended $600 in attempting to secure materials and in the execution of the contract. The Court held, that even though the county had derived no benefit from such expenditure, Wentink might recover the amount expended. The Court said: “There was no lack of power to make the contract with the plaintiff. The fatal defect was in an irregular exercise of such power. It would be too much to hold every contractor for a public body to a scrutiny at his peril of the corporate proceedings. ”

“ The great point gained by this Conference is that it brought Great Britain, France, Japan, China and five other powers face to face in friendliest attitude, and this is what should happen again when occasion calls for it. Every country represented is happy over the result, and to say that America should be is a truism. ”

“ That the devise of the house to the grandchildren is a natural, normal one, is emphasized by her disposition of the residue of her estate, for, having taken care of her grandchildren, assured them of a home during their minority at least, she proceeded to give to her children everything else that she had ”

“ The facts are: The bankrupt carried on the business of buying and selling auto trucks. On July 12, 1920, it agreed in writing with Robert Jones to sell him the truck in question for $1,955, payable in monthly installments. In this writing (called a “conditional sale agreement”) , signed by both parties, it was declared, inter alia, that the bankrupt had that day delivered the truck to the buyer ”

“ Dean Stone of the Columbia University Law School of New York City in a report to the President of that Institution made recently sounds a proper warning as to the quality and numbers of young men crowding into the Bars of many of the States. ”

“ Generally speaking, the upsetting of the Van Ness Act is unfortunate, because jury trials are expensive as well as uncertain; trials before Judges as magistrates are more certain and far less expensive. In the end, however, bootleggers will not win in the game.
On the question of the legality of “picketing” by strikes the Court of Errors and Appeals of this State also held quite divergent views, but sustained the Keuffel & Esser injunction granted by Vice-Chancellor Buchanan against the International Association of Machinists. The majority decision of the Court was rendered on Jan. ”

“ May it please your honors, there is nothing upon the earth that can compare with the faithful attachment of a wife; no creature who, for the object of her love, is so indomitable, so persevering, so ready to suffer and to die. Under the most depressing circumstances woman’s weakness becomes mighty power ”

“ This is an appeal from an assessment for repaving with granite blocks that portion of Elizabeth avenue, Elizabeth, extending from a point about 150 feet east of Front street to Seventh street. The error complained of is inequality as compared with other assessments.
Appellant is the owner of a triangular lot of land lying between Elizabeth and First avenues, at their intersection at Liberty Square; the lot is bounded northerly 350 feet on Elizabeth avenue, easterly 31 feet on Liberty Square, southerly about 350 feet on First avenue, and westerly 133 feet on abutting property ”