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cease, who would succeed as next of kin, the would be rather remote, but they would be none court held strangely enough that this latter source the less proximate and measurable, and by no of loss was not an element of pecuniary damage, means lacking in the pecuniary element deemed placing its decision upon the grounds that it was essential in estimating the damages in this class of too vague to be considered. Judge Smith disagreed, however, in a dissenting opinion with this While the remoteness of the grounds of recovery part of the view of the majority of the court. In las probably caused the courts to regard with disthe case of Whitford against the Panama R. R. Co. lavor any further attempt to extend the scope of (23 N. Y. 465 and 469) the court says: “Although the measure of damages to the mental or physical the action can be maintained only in the cases in sufferings of relatives of the deceased induced which it could have been brought by the decease through shock, yet the evolution of the ethics if he had survived, the damages are nevertheless underlying the entire subject of damages must begiven upon different principles and for different fore no very late day infallibly influence them to

In an action brought by a person injured, modify the rigidity of their present position, just but not fatally, by the negligence of another, he as they have done in kindred ramifications of the recovers for his pecuniary loss and in addition for same subject. For instance, in cases where infants his pain and suffering in mind and body, while of very tender years suffered death by negligence, under the statute it is not the recompense which the first impulse of the courts was to deny to the would have belonged to him which is awarded to next of kin any special pecuniary damages, and in his personal representatives, but the damages are the majority of cases no special pecuniary damages to be estimated with reference to the pecuniary could be directly proved, and yet so early a case as injuries resulting from such death to the wife and Ihl v. 420 St. R. R. Co. (47 N. Y. 37) the court next of kin. Here the phrases “pecuniary loss” made use of the following broad reasoning: “The and “pecuniary injuries” are of course not so absence of proof of special damages to the next of objectionable as the phrase "pecuniary damages ” | kin, resulting from the death of the child, would for obvious reasons, and the decision is unques- not have justified the court in nonsuiting the plaintionably sound in principle, but where is the tiff, or in directing the jury to find only nominal proper limitation to be set to such a broad doc- damages. * * * Except in very rare instances trine? In the anxiety of the courts to preserve it would be impracticable to furnish direct evidence some of the old landmarks of the common law of any specific loss occasioned by the death of a limiting the recovery. of damages in negligence child of such tender years.” The nature of the cases resulting in death, they have frequently nar- subject here warranted the courts in allowing freerowed the doctrine unreasonably; at other times dom to juries in estimating special damages, howbroadened it unwarrantably. When the courts ever remote. Now in cases where relatives of the have almost universally held that “the widow and deceased suffer shock and nervous prostration, next of kin cannot recover for mental and physi- necessitating calling in the physician, there is direct cal sufferings of the deceased,” they have done so proximate proof of special damages, capable of properly, and the grounds of that doctrine are definite apportionment. Section 1904 of the Code based upon common-law concepts, inasmuch as it of Civil Procedure in its language appears broad assumes that the widow's and next of kin's right enough to include the awarding of such damages of recovery is founded upon the generic ground of to the relatives of the deceased, and it avoids the compensation for actual loss suffered, and allows use of the phrase "pecuniary damages," rightly nothing to the plaintiffs because of injuries to the regarding the “injuries” in that sense. It must deceased merely as injuries or suffering. The be remembered that there is a vast difference bereason for it is clear, as it would be allowing tween the concept of solatium and damages to the vindictive or exemplary damages to the personal relatives of the deceased, causing them specific representatives. As to the generally acknowledged expense. Strictly speaking, at present the maxim rule that no damages can be recovered, under the actio personalis (poenalis?), etc., has been extended statute, for mental suffering and grief occasioned far enough, but the element of a penalty or solace by the death of the deceased, a serious doubt arises to wounded feelings is not present in this view of as to whether, under the application of the legal widening the doctrine of damages to specific moneprinciples governing what the courts have termed

tary loss to the next of kin. pecuniary damages, in cases where the sudden

ALEXANDER HIRSCHBERG. shock of an announcement of injuries or death to

MT. VERNON, N. Y., May 28th, 1900. a member of a family produces nervous prostra

A murderer at Williamsport, Pa., who was exetion and sickness, whether such shock and nervous

cuted June 5th, sold his body to the manager of a prostration with its attendant consequences cannot local theater for exhibition purposes. The price properly be considered as an element of damages, he received was a new suit of clothes in which to measurable directly by a pecuniary standard. Of be hanged, a coffin and a grave for the final recepcourse it may be conceded that such damages Ition of the remains.

THE NEW COURT OF APPEALS

REPORTER

EDWIN A. BEDELL,

has had a large experience in the law, and is an expert in the law of copyright and trade-mark. Mr. Bedell takes up the record of reports with volume 164. His predecessor reported cases filling 16 volumes, from No. 147 to No. 163. Reporter Sickles, who came before Smith, issued

as state reporter, to succeed Edmund H. Smith, elder daughter of Hon. Hiram E. Sickles. When who at the beginning of the year resigned the scarcely out of his teens Mr. Bedell began to position on account of ill-health. Mr. Bedell is devote his leisure time to the study of sacred the son of Edwin T. and Rachel A. Bedell, both music in all its branches, and later he began the of whom died while he was very young, and was study of hymnology. For many years he has been born in Albany on the 9th of October, 1853. He an active member of the Madison Avenue Rewas reared in the home of his grandfather, a formed Church, and for more than twenty years

has had charge of its music and been its organist. Some years ago he compiled a hymnary for the exclusive use of his Sunday school; this was so successíul that in 1891 he prepared a “ Church Hymnary” for the church at large, which has met with great success and approval throughout the religious world. Mr. Bedell is a member of the Fort Orange Club, a man of literary tastes, and a gentleman exceedingly popular at home and abroad.

Edmund H. Smith, the retiring reporter, is the son of the Hon. James C. Smith, formerly judge of the Supreme Court, retired on account of age. Mr. Smith was born at Canandaigua, N. Y., about 45 years ago, and came to Albany from Rochester to take the position of clerk of the Second Division of the Court of Appeals. Four years ago last October he was appointed state reporter, and performed its exacting duties with singular fidelity, conscientiousness and acceptability until he was compelled to resign by reason of impaired health.

[graphic]

ALBANY LAW SCHOOL COMMENCEMENT.

EDWIN A. BEDELL.

THI

at

THE commencement exercises of the Albany

Law School, the forty-ninth in the history of prominent citizen of Albany, the late Philip the institution, were held on the 31st ult. in Odd Phelps, who was for more than 50 years the deputy Fellows' Hall, and 32 young men and one young comptroller of the State, and well known not only

woman received their diplomas from the president in financial, but also in religious circles through- of Union University, Rev. Dr. A. V. V. Raymond. out the country. Mr. Bedell's school life was be

Hon. Amasa J. Parker, president of the board of gun under Prof. Anthony the old Albany trustees, presided, and on the stage were seated Classical Institute, continued at the Boys' Acad

Postmaster-General Charles Emory Smith, who emy and completed at the Western College of the

made the address to the graduating class; Hon. J. Reformed Church in Michigan, of which his uncle,

Newton Fiero, dean of the Law School; Rev. A. Rev. Philip Phelps, Jr., was president. His prep- V. V. Raymond, Hon. D. Cady Herrick, C. J. aration for college was under the private tutorage Buchanan, Marcus T. Hun, C. E. Argersinger, of Prof. Swan. Graduating in 1873 as the saluta- Fletcher Battershall and other members of the torian of his class, he entered the Albany Law board of trustees and of the faculty. There was a School and also the law office of Peckham & Tre- large attendance. The members of the graduating main, and was admitted to the bar of Albany in

class wore caps and gowns, and occupied seats the spring of 1874. After spending some time in directly in front of the stage. travel he began the practice of his profession. He served five years as one of the assistants to the

POSTMASTER-GENERAL SMITH'S ADDRESS, attorney-general of the State, leaving the office of Gen. Parker introduced Pastmaster-General the attorney-general in 1889 to become one of the Smith, who addressed the graduating class as folassistant reporters of the Court of Appeals. He I lows:

cannot

Gentlemen of the Graduating Class: I

speech, impressing as much by what he was as by welcome you as a lawyer to the lawyer's ranks. what he did. Judge and senator, he was the incarIt is not my good fortune to speak as a member of nation of judicial poise and dignity, and he would the honorable guild. But, as a disinterested lay- have lent distinction to the toga in the most illusman, fully appreciating its great position and its trious company of Roman fathers in the palmiest glorious opportunities, I can bid you God-speed as days of the Capitoline Hill. Had justice bearing you enter upon a noble profession, which has been the evenly balanced scales been symbolized by a so closely identified with the intellectual, social man, his robed and majestic figure would have and moral progress of the race, and with the steady been the model. And then there was Amasa J. advance of civil liberty.

Parker, father of your president of to-day, who “One most agreeable duty falls to me at the worthily wears the honored name. Accomplished outset. I bring you the filial and fraternal greet- and courtly, rugged in thought, singularly graceings of the president of the United States. Like ful and polished in deliverance, adroit and skiliul you, he is a graduate of the Albany Law School. in advocacy, but candid and dispassionate, Judge Like you from this hour, he is enrolled among the Parker presented the highest type of the suave and alumni of this honored institution. Here he culti-forcefui lawyer of the old school. Clarum et venervated those lofty attributes of mind and character abile nomen his shade hovers over his cherished and nurtured those just principles of action which,

school and inspires you to-night. in an administration of great deeds and world-wide “ If time permitted, I might speak of others who leadership, have shed new lustre on the republic. extended and perpetuated that early group of legal With grateiul memories of his early association guides. Standing on the rolls of this institution, here, he sends loyal and loving sentiments of good you join the company of the great worthies and will and best wishes to all who, like him, honor you go forth with the best traditions into the ranks and revere this cherished alma mater.

of your chosen profession. The lawyer's mission * Though not a lawyer, there is perhaps less in- is constantly broadening. His sphere of action congruity in my presence on this occasion than and field of usefulness and range of influence are might at first appear. For several years a trustee steadily expanding. His opportunities are greater of Union University, I held an indirect official, if to-day than ever before. The open pathways of not a direct professional, connection with its de- success are more varied, if not more alluring. The partment of law. Returning, as I am, to my old court-room was formerly the chief arena of the and beloved home, looking again upon familiar lawyer's activity; but now his talents are largely and precious scenes, clasping once more the hands employed in creating the instrumentalities of busiof treasured friends of my youth and early man

ness and commerce. Then he was the genius of hood -- alas, how many have joined the majority! contention; now he is often the minister of con-- teeming recollections of the past come throng

struction. Then he was altogether the orator of ing upon me, and I am carried back to the bright the forum; now he is not less the architect of the and eager days around which cluster the hopes business fabric. In the mechanism of modern and joys of the springtime of life.

business organization he is indispensable. His * Fragrant among these recollections are the

skill creates the framework of machinery for sucstill lively memories of the distinguished men and

cessful operation, and tells how the nerve of action the great instructors who stamped their impress on

may be touched. His object is not to excite, but this law school and gave it national renown. They

to avoid liitigation, and his best, most honorable were my seniors by many years, but I know them

and most lucrative service is often rendered, not well. No loftier characters or nobler exemplars

in the public forum, but in the private council could be held up as ideals for the young men of

chamber, where his trained knowledge and wise our day. How vividly I recall the wise, practical,

guidance point out the pathways of safety, security hard-headed Amos Dean, with his robust form, his

and peace. whole-souled laugh, his genial and beaming per

“The tendency and the inevitable necessity of sonality and his kindly and helpful disposition.

modern conditions is the division of labor and the With him the law was a jealous mistress, and he

development of specialties. We see it in every was supremely devoted to it. His sympathetic

walk of life and in every branch of human ennature, his personal interest in his students, and deavor. The watch you carry is not the work of his masterful faculty of teaching made him at once

any one artisan. Wheel, spring, balance, dial, case, the successful instructor and the paternal guide of all come from different hands. The same thing is his boys, and as the organizing and directing mind

true in scientific and professional achievement. In of the school his judicious counsel was the touch- medical and surgical practice there is the specialist stone of many a brilliant career.

for the eye, another for the ear and another for the “Then there was the benignant and weighty Ira throat. So in the wide range of the law there are Harris, of stately and imposing proportions, placid the tendencies and the rewards of specialism, and in bearing, serene in judgment and deliberate in while the general practice must always offer its attractions, the demands and the inducements of the less true that the value of a legal training both exceptional equipment in special fields will present in legislative and administrative service cannot be their appeal. But underlying all are the same ele- over-estimated, and that the preponderance of mental principles which are foundation of the lawyers in public life grows not only out of their broad temple of law with all its courts and cor- own tastes, but out of a popular realization of the ridors, and those principles, based on right and public requirements. justice and equity, are the muniments and the sale

" It is of vital importance to the young lawyer guards of the social and political fabric.

starting out on his career that he should have a “ It is this essence and inspiration of the law just understanding of his own aptitudes and capawhich has made its followers the champions of bilities. Within the profession itself there are freedom and the leaders of human progress. The many different pathways requiring different qualiworld has relied on its devotees to fight the battles ties and talents. It is right to aim high, but it is of right and liberty. Legislation and jurisprudence wise also to aim at an object within reach. The have advanced like all other things. They had arrow of Acestes was fired at the stars, but though their dark ages in common with the civilization of it left a gleaming train of light it fell far short of which they are the index. They are to-day far the mark. 'We row in the same boat, you know,' beyond where they were a century ago. But in said a pretentious comic writer in a patronizing the forward strides of the race, in the ameliora- way to Douglas Jerrold. “Yes, in the same boat,' tion of human conditions, in the uplisting of gov- answered the wit, “but not with the same skulls.' ernment and society, the lawyer has led the The progress of your intellectual boat depends advance. Under the lurid glare of the French much an the sort of skull you bring to its practical revolution Edmund Burke wrote that 'thie proses-operation.

You want

a paddle wheel for an sion of the law teaches its members to augur mis- Indian canoe or a feather oar for a Hereschoff government at a distance and snuff the approach cutter. One man shines in counsel and another in of tyranny in every tainted breeze.'

the forum. One is fitted wholly for legal exposiIt has had its false lights and its beacon lights. tion and another for broader forensic effort. If it had the perfidy of Strafford, it had the unsul

Thomas Erskine was the greatest of advocates at lied honor and heroic struggle of Pym and Eliot the bar, with wonderful power of eloquence and and Hampden. If it had the cruel despotism of mastery of the law, but he liad no parliamentary Jeffreys, it had the enlightened wisdom of Eldon faculty, and when he entered the house of comand Mansfield. If it had the treason of Aaron mons, and Pitt, after listening for a time to his Burr, it had the colossal constructive work of John maiden effort, tore up his notes in contempt, the Marshall. Whatever its stains and its blemishes, faltering orator sank under the sting of failure and they have been immeasurably outweighed and out

mortification. shone by the glories of its service for the redemp- “ It is an auspicious time to enter on your protion and advancement of mankind.

session. Devoted as you may be to its exacting “ The legal profession has always been and al-demands, you cannot fail to take a lively interest ways will be closely associated with the political in the current discussions of the day. The alert activity and the public life of the country. There and intelligent lawyer, with an open and eager is a natural tie between them. The public service mind, must naturally be attracted by the is a distinct aim in England, where hereditary problems of national policy and governmental position and an official class furnish the leisure authority which now present themselves for soluand the opportunity. The conditions are different tion. It is a time to fire the mind and quicken the here. The young lawyer needs to be adjured to pulse. It is a time for stimulating and exhilarating devote himself strictly to his profession rather thought. We are getting away from old ruts and than encouraged to yield to the allurements of beaten tracks. We are exploring new fields of public place. There are, indeed, obligations of constitutional power and national movement. The citizenship which all patriots should accept, and mighty events of the past two years are carrying when a call of plain duty comes it is to be obeyed.

us forward into the realm of world activity, and But the young man, whether in professional or

we are confronted with new and momentous quesbusiness lise, cannot be advised to engage in the tions which address themselves to the best study quest of political station. If it comes in the and the deepest reflection of the lawyer, the patriot natural order, let it come. His knowledge, train-1 and the statesman. Whatever may be your view, ing and qualifications fit him for the public service. whatever differences of opinion may be aroused, It is often rather flippantly said there are too many

these problems of national destiny and world lawyers in congress or in administrative place. It magnitude are calculated to uplift the whole level is quite true that a liberal infusion of business lead- of public thought and discussion, and I have coners who are thoroughly men of affairs has its ad-fidence enough in the virtue, intelligence and purvantages. Their practical knowledge guides and pose of the American people to believe that, tempers theoretical conceptions. But it is none through all trials and triumphs, they will be finally

new

settled in full harmony with the honor, the dignity ill, John H. Cummings, Theodore Hutting Dimon, and the glory of our beloved republic.

J. Francis Hanlon, Walter R. Herrick, Henry S. “The decisive leadership and molding deter- Kahn, Fred M. La Duke, Silas B. Lyman, Wilmination of these questions subject to the final liam Joseph Maier, Charles D. Phillips, John H. approval of the people, fall within the executive Phillips, John H. Rea, Patrick J. Rooney, Edward and legislative authority. But the determination C. Sturges, Frances A. Van Santford, William of the fundamental questions of national power Leversee Visscher, William R. Whitfield, Jr., and and constitutional right must pass under judicial the following students who attended one scholreview for conclusive adjudication. Whatever may astic year, preceded by two years of legal study: be cur differences in the preliminary contests, Benjamin Baker, Martin E. Burke, Austin J. Calwhatever may be our party struggles, it is the houn, Arthur J. Case, M. Lavern Clapp, William exemplary habit of the American people to accept V. Cook, William H. Davis, Burton E. Emory, J. the judgment of the courts. The independence Ralph Hilton, William F. Meigher, Charles B. and integrity of the judiciary constitute the sheet- O'Connell, George W. Plusch, S. G. Hatheway anchor of our safety amid the dangers of public Turner, John V. Whitbeck, Jr. passion, the excesses of party zeal, and the selfish- Gen. Parker then announced the prize awards, ness of sordid greed; and the popular respect for

as follows: Edward Thompson Company prize the arbitrament of our judicial tribunals is the A set of American and English Encyclopedia of bulwark of our free institutions. Public opinion Law, to the member of the graduating class who does not always accept the infallibility of judicial shall write the best thesis on some legal subject proceedings. We are a critical and penetrating assigned by the dean of the faculty. Awarded to people. But there is a universal recognition of the J. Ralph Hilton. Honorable mention is made of truth that there must be tribunals of last resort, to

Miss Frances A. Van Santford. whose judgment all must bow, and beyond and

Amasa J. Parker prize — The family of the late alove this, the number is few of those who are

Amasa J. Parker, LL. D., have founded an annual degraded enough to challenge the rectitude and prize of the value of $50 in memory of their father, the probity of our courts.

who was one of the founders, and for many years “ The standard of the bench should be the stand

an instructor and trustee of the school, to be given ard of the bar. So far as your influence extends, reach the highest standing in deportment and in

to the member of the graduating class who shall it is placed ir: your keeping. It is for you to maintain the best traditions and the highest honor of the performance of his general duties. Awarded

to William R. Whitfield. For the student standthe great company whose names have illuminated the annals of the State and the nation. You go

ing next in deportment and in the performance of

his general duties the faculty prize of $25 is offorth upon your career with the training of a

fered. Awarded to Charles D. Phillips. grand institution, with the precepts of learned and faithiul instructors, with the example and the in

The “ Dean's prize” – J. Newton Fiero, dean spiration of illustrious leaders of the profession, of the faculty, and author of “Special Actions" whose wise guidance and noble achievements in

and “ Special Proceedings,” has established a prize council and in court have emphasized the possi-awarded to the member of the graduating class

consisting of a set of the above works, to be bilities open before you; and it is for you to prove

who shall excel in class work and examination in yourselves worthy of the glorious record which is

“Procedure” during the course. now confidently committed to your hands."

Awarded to

Henry R. De Witt. Dear Fiero then presented the graduates to

The “Bender prize”. - Matthew Bender, law President Rayniond, who, before handing them their diplomas, made an address which contained

book publisher, of Albany, offers to the graduate

who shall reach the highest mark in the examinaexcellent advice for the young lawyers. He told them that fidelity to their clients was essential if American Electrical Cases.” Awarded to S. G.

tion on the subject of corporations a set of “The they were to hope for success. It had been said

Hatheway Turner. that character was not of muh importance to a lawyer, and was not essential for his success. This, honor was held after the commencement exercises

A reception in Postmaster-General Smith's he declared, was untrue, for integrity was worth

at the residence of Gen. Parker, more to any professional man than any other one thing in the world. The best asset a lawyer or any other person can possibly have is reputation.

THE BILL OF RIGHTS IN PORTO RICO. Prof. Raymond advised the graduates to stand for honesty and fair dealing, and if they did there was

HE opinion of Judge Lochren in the U. S. no dcubt of their success.

The following students, having attended two Ortiz, which has created so much discussion scholastic years, received from Dr. Raymond the throughout the Union, is published in full in 100 degree of LL. B.: Peter Ammon, Carl F. Church- | Fed. R. 955. The wide notice of this decision

THEircuit Court, 'D. Minnesota, 'in "Ex parte

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