Abstracts of Recent American Decisions [stub]

1869 The American Law Register (1852-1891)  
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The town to which he went was distant twenty-six miles by water from the place where libellant was put out of the vessel, and was in the direct line of the voyage; but the captain refused to take him there on board the vessel. HOFFMAN, J , in giving judgment, said that the fact of the disease being malignant and infectious was good reason why the master should put the seaman ashore at the earliest moment consistent with his receiving proper care; but was no justification of the course pursued, especially as the captain knew that at a port, only twenty-six miles distant, and to which the vessel was to sail the next day, proper medical attention and care could be secured. Judgment was therefore entered for libellant for $2500. CONSTITUTION OF NEW YORK-THE JUDICIARY. The new constitution, framed by the convention last year, will be submitted to the direct vote of the people for adoption or rejection in November. The Judiciary article, which is submitted to a separate vote, provides for the establishment of a Court of -Appeals, to consist of seven judges, holding their office for fourteen years. The other courts remain very much as they now are, except that the terms of the judges are lengthened to fourteen years. This is a great improvement on the present wretched system, under which the highest court in the state is liable to change one-half its members yearly. The most notable feature, however, in the new constitution is a provision that in 1873 the question shall be submitted to a vote of the people whether the judges shall not thereafter be appointed by the governor. The results of making the judiciary elective, have, it thus seems, become so apparent, that the state which first made the fatal blunder is beginning to look to its correction. We regret that the convention, certainly one of the ablest and most laborious that ever sat in that state, proceeded so timidly, and did not at once, and without hesitation, declare for a return to the system of appointment to judicial office for good behavior-the only system by which the bench can permanently retain its independence or its respectability. J. T. M. river, and then rode on horseback twenty miles to another town, where he arrived so exhausted that he fell from his horse and lay on the beach for thirty-six hours before he received aid. The town to which he went was distant twenty-six miles by water from the place where libellant was put out of the vessel, and was in the direct line of the voyage; but the captain refused to take him there on board the vessel. HOFFMAN, J , in giving judgment, said that the fact of the disease being malignant and infectious was good reason why the master should put the seaman ashore at the earliest moment consistent with his receiving proper care; but was no justification of the course pursued, especially as the captain knew that at a port, only twenty-six miles distant, and to which the vessel was to sail the next day, proper medical attention and care could be secured. Judgment was therefore entered for libellant for $2500. CONSTITUTION OF NEW YORK-THE JUDICIARY. The new constitution, framed by the convention last year, will be submitted to the direct vote of the people for adoption or rejection in November. The Judiciary article, which is submitted to a separate vote, provides for the establishment of a Court of -Appeals, to consist of seven judges, holding their office for fourteen years. The other courts remain very much as they now are, except that the terms of the judges are lengthened to fourteen years. This is a great improvement on the present wretched system, under which the highest court in the state is liable to change one-half its members yearly. The most notable feature, however, in the new constitution is a provision that in 1873 the question shall be submitted to a vote of the people whether the judges shall not thereafter be appointed by the governor. The results of making the judiciary elective, have, it thus seems, become so apparent, that the state which first made the fatal blunder is beginning to look to its correction. We regret that the convention, certainly one of the ablest and most laborious that ever sat in that state, proceeded so timidly, and did not at once, and without hesitation, declare for a return to the system of appointment to judicial office for good behavior-the only system by which the bench can permanently retain its independence or its respectability. J. T. M.
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