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thereof as might be necessary, be appropriated for the

CARTER'S Old Court House. payment of any deficiency arising from the expenses,

The Old Court Ilouse: Reminiscences and Anecdotes of the the same to be paid by the treasurer on the certificate Courts and Bar of Cincinnati. By Judge Carter. Cinof Mr. Peyton F. Miller.

cinnati; Peter G. Thomson. 1880. Pp. 466. The treasurer, Martin W. Cooke, Esq., presented his

This book is one of a class which we are always sorry report of receipts and disbursements during the year.

to see. It misrepresents the bar. It is in the main a The bill of Hon. P. S. Danforth, chairman of the

collection of coarse, vulgar, drunken, profane and comCommittee on Admissions, for $6.50, for postage, etc.,

mon place matters, which either ought not to be told paid by treasurer, was audited.

in print, or are not worth the telling; things only exOn motion, Mr. Shepard was appointed a com

cusable after a bar dinner. The book is well peppered mittee to audit the accounts of tho treasurer.

with italics to point the jokes, and with dashes to take The treasurer also reported 64 members in arrears

the curse off the profanity. Also with startling head for dues; of these several had resigned.

lines to excite the curiosity, after the manner of Mr. Hand moved that the resignations of those who

modern newspapers. A few of these latter will give an are not indebted to the Association be accepted, and

idea of the contents: “John Brough beaten by a darthat those who have resigned, but not paid their dues, key witness; ” “ Jacob Flinn and tho Old Democrat; be stricken from the rolls, unless the same are paid

· Lawyer Cross and the Cincinnati Lager Beer! within twenty days after notice has been given by the

“Lawyer Nelson Cross and Lawyer Adam Hudge, they treasurer. Adopted.

hare a bout; "Money makes the mare go." These Mr. Ivins, from the committee appointed “to con

will suffice. Wo are not aware whether “Judge” on sider what changes may be made in the Constitution

the title page is the author's surname or his official and By-laws in order to facilitate the purposes for title. But aside from that, he evideutly thinks well of which the Association was formed,” reported progress

himself and his writing, for he gives us an engraved and asked permission to continue, which was granted. portrait of himself (a good picture and a good-looking On motion, a recess was taken till 8 P. M.

man, we are bound to say), and in his dedication he

informs us that his "pages" are “facetious." We can 8 P. M.

discover nothing in the portrait nor in the “pages,” Mr. Ivins moved that the treasurer be authorized to

however, to warrant him in pronouncing the late advance $250 out of the funds of the Association to pay

Recorder Hackett, of the city of New York, one of the the prize to be awarded to the successful competitor and one who did much to restrain and intimidate the

most useful citizens and best judges that we ever had, for the post-graduate prize for 1880, to be reimbursed

criminal classes – a to the treasury out of the funds subscribed for that

personal and official tyrant "aud

a “ vulgar tyrant." One of the harshest terms which purpose. Adopted. Mr. Shepard, from auditing committee, reported

this author can find to characterize a criminal is “poor that he had examined the accounts of the treasurer

devil murderer,” a favorite expression of his. He and found them to be correct, and recommended that

collects, at the end, some passages from Shakespeare,

on tho items of disbursements made by the treasurer for

"Law and Lawyers and the like.” If we thought incidental expenses be approved and allowed, as stated

this book correctly depicted lawyers as a class, or the in his report.

old bar of Cincinnati, or even the author himself, we Mr. Hand moved that the report be accepted and the

should exclaim, with Jack Cade, iu Henry VI, as recommendations of the committee be approved. quoted in this book, "The first thing wo do, let's kill Adopted.

all the lawyers.” Mr. Ivins moved that Mr. Mathews, as chairman,

WEEKS ON DEPOSITIONS. and Mr. Rosendale, as secretary of Executive Committee, prepare for publication the report of the annual

A Treatise on the Law of Depositions, comprising also abmeeting of 1880, pursuant to article XII of the Cousti

stracts of the Statutory law pertaining thereto. By

Edward P. Weeks, Counsellor at Law, etc. San Frantution, and that a sum not exceeding $600, out of any

cisco : Sumner, Whitney & Co. 1850. Pp. xx, 714. money in the treasury, is hereby appropriated for that purpose, to be paid on the certificato of this committee.

This is apparently a very exhaustive and careful Adopted.

monograph, on a useful subject, and is prepared by a On motion, meeting adjourned.

very competent author. The work bears marks of (A transcript.)

good method, industry, and intelligence, and it must S. W. ROSENDALE,

prove a welcome guide in a field hitherto unoccupied, Secretary, Albany.


Reports of Cases Argued and Determined in the Supreme NEW BOOKS AND NEW EDITIONS.

Court of Alabama, during December Term, 1878, ending

July 31, 1879. By Thomas G. Jones, State Reporter. STARKIL'S TRIAL BY JURY.

Vol. LXII. Montgomery, Ala.: Joel White, 1880. Pp.

vii, 662. On the Trial by Jury. By Thomas Starkie. Reprinted from

The following cases are noteworthy: Hutchinson v. the fourth number of the “ Law Review and Quarterly State, p. 3.- One who carries concealed on his person Journal of British and Foreign Jurisprudence,” vol. ii, all the separated pieces of a pistol, capable of being p. 3:0. For use in Harvard Law School. Boston: Little, readily and effectively put together, is guilty of carryBrown and Company. 1880. Pp. 49.

ing concealed weapons. Dotson v. State, p. 141.- The HIS

the great work on Evidence, the most excellent in that crime who, in the life-time of his first wife, marstyle of any of the standard law books. Mr. Starkie ries again, knowing her to be living, or not having a was among the first to recommend dispensing with reasonable belief of her death. Herring v. Skaggs, p. unanimity in verdicts, and in this monograph he gives 180.- Au agent for the sale of safes has no implied augood reasons for his views. It was a happy thought to thority to warrant them burglar proof, but express revive this essay, and it will interest every reader.authority or a custom must be shown to found a warThe author considers the subject under three heads: ranty. In case of an alleged breach of such a warfirst, origin and history; second, present practical ranty, the measure of damages is the difference bestate and use; third, capabilities.

tween the value of the safe as it was, and that as represented, and does not include the value of articles of the eagle's nest, in the Preface to the 8th Reports. stolen from it. National Commercial Bank of Jobile | How delicate and beautiful is the allusion to Mansfield V. Mayor, p. 284.- An assessment upon the shares of a and Camden, then holding divided rule in the House National bank in gross, or upon the capital stock, of Lords! Lord Bacon, however, had said before : against the corporation, is invalid, but the remedy is “When the famous case of the copper-mines was at law and not by injunction. Buckalew v. State, p. argued in this court [the Exchequer), and judged for 334.– Where money is put upon a round board, having the king, it was not upon the fine reasons of wit; as different numbers around its rim, in equal amounts by that the king's prerogative drew to it the chief in several persons, each in turn whirling a hand fastened quaque specie;' the lion is the chief of beasts, the in the center, the one at whose whirl the hand regis- eagle the chief of birds, the whale the chief of fishes, ters the highest number taking all the money, the and so copper the chief of minerals; for these are but owner of the board sometimes putting up money and

dalliances of law, and ornaments; but it was the grave sometimes charging the winner a small sum for the records and precedents that grounded the judgment use of the board, this is not a lottery. Wright v. of that cause; and therefore I would have you both Paine, p. 340.– An iustrument acknowledging the re- guide and arm yourself with them against these ceipt of money " for safe-keeping," to be "returned vapours and fumes of the law, which are extracted out whenerer called for," is prima fucie a special and not of men's inventions and conceits." a general deposit; and an instrument acknowledging Dr. Blair evidently had Eden's book before him the receipt of money “on deposit, to be paid on de- when he composed his Lecture on the Eloquence of mand,” is prima facie a loan, against the recovery of the Bar - the 28tb of his “ Rhetoric.” which the statute of limitations will run from the date Ilaving thus displayed before us in the old books the of the writing, and not from demand. Sumter County true model of forensic eloquence, it is not to be wonv. National Bank of Gainesville, p. 464.— Repeating dered at that the highest legal talent should aim at a the doctrine of Nat. Bk. v. Mayor, supra, and adding calm and temperate method of speech. As, in the prothat where a provision in a statute, that a tax shall be gress of the nation, all the arts become more refined paid by the bank for the shareholders, depends upon and subdued to the rigid laws of taste, it is but natural other and unconstitutional provisions, and is incapa- that our profession should feel the influence of this ble of independent operation, it is invalid, and the progress. The fervid flights of Patrick Henry and the county has no right of action against the bank for the vehement declamation of Pinckney would hardly be tax. John v. City National Bank of Selma, p. 529.- deemed fitting, at the present day, in the discussion It is a sufficient excuse for omitting personal notice of of grave questions before a competent court. The dishonor to an indorser, residing in the same place finest exhibitions of legal eloquence to which it has with the holder, that an attempt was made during been my fortune to listen have been made by the late business hours to do so, but his office was locked and no George Wood, of New York, and Judge B. R. Curtis. one was present to receive the notice, and in such case Their arguments always filled the mind, the ear and notice by mail is valid. The volume is marked by the the sense of fitness and good taste. Aud of the two, I usual excellencies of the series.

always thought the style of George Wood the more

admirable. It was chaste, yet rich in choice legal dicCORRESPONDENCE.

tion, pervaded with the odor of jurisprudence, as

parchments with the sandal-wood in which they are FORENSIC ELOQUENCE.

kept, and conveying the impression that it was the law

itself, and not an argument upon the law, which the Editor of the Albany Law Journal :

advocate was unfolding. Your noto in yesterday's ALBANY LAW JOURNAL ON

But I am digressing. I took my pen merely to refer the decline of eloquence at the bar br

ht to my

you to the beautiful passage of Eden. mind a passage which I regard as one of the gems of Respectfully, your obed't servant, our judicial literature. It is from William Eden's*

JOSEPH P. BRADLEY. “ Principles of Penal Law," published anonymously WASHINGTON, Nov. 14, 1880. in 1771. Of course its allusions will be readily understood by placing one's self in imagination at that

LEGISLATIVE HUMORISTS. period. You will find it on the 159th aud 160th pages of the second edition - one paragraph commencing Editor of the Albany Law Journal: with the words: “It is a consequence of that wis

Your correspondent, J. H. Hopkins, in his article dom,” etc. Lest you may not be able to lay your on Legislative Humorists, might have instanced sevehands on the volume, I copy the paragraph :

ral other blunders perpetrated by the last Legislature "It is a consequence of that wisdom which charac. of the State of New York. terizes the English, as a people, in the whole system

Chapter 480 of the Laws of 1880, cited by him, not aud administration of their laws, that all the artifices only amends a section that had been twice repealed, of speech are banished from the bar. The passions but is in conflict with the Coustitution of the State ought not to be addressed in appeals to the reason.

(Art. 6, § 15). The unsubstantial harmony of declamation may be Chapter 416 of the Laws of 1880 purports to amend well adapted to the ears of an arbitrary tribunal; but sections 197 and 198 of title 3, chapter 3, part the decisions of English judges are founded on the 4 of the Revised Statutes. These numbers are eviargumentative inferences of strict statutes and re- dently taken from Banks & Brothers' sixth edition of corded precedents. Our courts have furnished proofs

the Revised Statutes (so called), a book which, as every indeed, that the strains of ancient eloquence are

lawyer knows, is an unauthorized compilation of all neither inimitable nor unattainable; but a nobler and

the statutes of the State, revised or general, which more proper theater hath been found for the exertion seemed to the editor to be of general interest, and in of that talent. Plain sense, delivered in accurate ex

which the editor has taken the unwarrantable liberty pression, with a warm and graceful articulation, is the of prefixing numbers to the various sections to suit true eloquence of law.”

himself. The sections intended to be amended by It seems to me that this passage is worthy to be set

chapter 416 of the Laws of 1880, are 150 and 151 of the beside the concluding paragraph of Coke's Commen

above title, chapter and part of the Revised Statutes. tary upon Littleton, and his application of the apologue

Chapter 437 of the Laws of 1880, amends section 16,

article 3, chapter 6, part 1 of the Revised Statutes. * Afterward Lord Auckland.

There are eight titles in chapter 6, and several sections


Thr.following decisions were handed down Friday, exacted a promise that a message should be taken frana

16. The amendment is evidently intended to apply to Cassody, of Janesville, as associate justice in place of title 3, though no title is mentioned.

Judge Cole thus promoted. Judge Cole has held the Chapter 517 of the Laws of 1850 amends section 20, office of associate justice for about twenty-five years. chapter 9, title 14, part 1 of the Revised Statutes. Previous to accepting tbat position he served a term There is no title 14 to that chapter, as it ends with as a Representative in Congress. The Georgia Legistitle 13, but the editor of Banks & Brothers' compila- | lature have promoted Judge Jackson to be Chief Justion has, for some reason best known to himself, taken tice of the Supreme Court, and elected Judge Crawseveral statutes relating to the United States deposit ford associato justice in place of Judge Bleckley, refund, consolidated them and called them part 14 of the signed. For the vacancy caused by Judge Jackson's Revised Statutes. The section the Legislature in- promotion, there is a dead-lock among seven canditended to amend is section 18 of chapter 130 of the dates.- Mr. Seymour D. Thompson has been elected Laws of 1837.

a judge of the St. Louis Court of Appeals by a majority No man has any business in the Legislature of this of 3,500. This does not look much like a failure of tho State unless he knows enough about statute law to elective system, despite Judge Thompson's own views avoid such gross blunders. As most of the acts men- of the subject. tioned herein and by your correspondent, Mr. Hopkins, must have como before the committees on the judi

In the English Court of Appeals, after remarks by ciary of the two houses, I think it would be no more

the Lord Chancellor on the death of Lord Justice Thethan fair for you to publish the names of the members

siger, Sir Henry James, Attorney-General, made the of those committees, They are as follows: Senate

following address, the members of the bar meanwhile Robertson, Williams, Mills, Pitts, Winslow, Fowler, standing: “My Lords, I hope you will forgive me if I Astor. Assembly Terry, Congdon, Brennan, Potts,

take this opportunity, the first which has been offered Travis, Mitchell, Roberts, McCarthy, Steele, Rhodes,

to me, and therefore I take it, of speaking a few words Russell.

rather to those around me than to your Lordships. It

was the wish of the lato Lord Justice that I should do NEW YORK COURT OF APPEALS DECISIONS. so. When his end was coming near -- very near- he

claimed the attention of one who stood by him, and IE Nov. 19, 1880

in that to supreme moment to had Judgment affirmed with costs Baker v. Walsh; | been his comrades, and ho begged that it should be Shepard v. New York and Oswego Midland Railroad told to them that ho had never forgotten, and even in Company. Judgment of General Term, so far as it

that moment did not forget, the kindness and considaffirms that of Special Term, atfirmed, and order of General Term reversing in part the judgment of Spe- eration which ho had received from them, and he cial Teru, reversed, and judgment of Special Term hoped and trusted that in return he would not be foraffirmed, with costs to the defendaut - Avery v. The gotten by them. My Lords, that message I now give, Empire Woollen Company.

and although tho words seem to come from afar, and

no reply can be sent to them, still it may be some satNOTES.

isfaction to those who so sadly mourn to know that

men will come and men will go' before he will be HE

forgotten by us, or his character and conduct cease to ing article by Judge William Archer Cocke, of

be regarded as an example to us all. My Lords, I pray Florida, on Distinctions under the Constitution of

your forgiveness for having delivered this message: the United States between law and equity, and the

but my apology consists in the hope that words so commingling of legal and equitable remedies in the States ing from such a man will tend to forge stronger a bond where Codes exist; also another, by James Lyons, Sr.,

of importance to tho public - tho bond which binds on Information as to commission of offenses.- - The the Bench and Bar together." Criminal Law Magazine, for November, has a leading article by Dr. Wharton, on Conflict of Criminal Laws; Not long ago a judge of the Quarter Sessions of the case of Com. v. Petroff, on bribery of public oficer Lancaster, U. S., summarily expelled from the bar of and effect of prisoner's testimony, with note; and the his court two attorneys, upon grounds of some novelty. case of Jones v. Queen, on discharge of jury without The attorneys were the editors of the Lancaster Intelverdict, with note. In the former case, Pearson, J., ligencer, in which newspaper a libellous article had at Dauphin quarter sessions, Pennsylvania, uttered been published, reflecting upon the judicial conduct of the following extraordinary language to the jury: the learned judge. It did not appear that the attorneys “We have the evidence of a person who comes forward had been at all guilty of misconduct in their profesand testifies in his own cause. We must take that sional capacity. We are therefore not surprised that with a good deal of scrutiny, if not jealousy and sus- the ALBANY LAW JOURNAL "urged pretty stoutly' picion. Such evidence must be carefully weighed, and that the judge had exceeded his authority. From a when it comes in conflict with an honest man, we gen- recent number of that journal we learn that the Pennerally give very little weight to it.” The prisoner was sylvania Supremo Court has restored the attorneys to convicted, but we guess he will get a new trial. The their privileges, and expressed tho opinion that a libel price of the Magazine is to be reduced from $6 to $5. does not amount to a breach of professional duty un

The American Law Register, for October, contains less it has been designed to acquiro an influence orer the continuation of the paper on Expert testimony the judge in tho exercise of his judicial functions by and the microscopic examination of blood; the case of the instrumentality of popular prejudice. Our conFritz v. Hobson, on obstruction of highway for build-temporary suggests very properly that the attorneys ing purposes, with note by Edmund H. Bennett; the should make a public apology to the judge for the pubcase of Queen v. Orton (the Tichborne claimant), on

lication which they did not undertake to justify. By

the law in force in this country the court will strike a cumulative sentences, with note by Hugh Weight

solicitor off the roll for an indictable offenso involving man, in which the annotator distinguishes and defends

much criminality, where the offense has reference to a the Tweed caso in this State, on the ground of the pres- proceeding in court, and is clearly made out (Stephens ervation of the right of peremptory challenges.

v. Hill, 10 M. & W. 28); but a mere verdict against bim

in an action for libel is not of itself a sufficient ground The Governor of Wisconsin has appointed Orsamus

for striking the solicitor off the roll. 2 Dowl. 110.

Even when the solicitor has been struck off, the punishCole Chief Justice of the Supreme Court in place of ment is by no means in all cases to be considered a Chief Justice Ryan, deceased, and has appointed J. B. I perpetual disability.-London Law Times.

Williams, being a citizen of this State, could not The Albany Law

Law Journal.
Journal. have maintained the action; therefore his assignee

cannot. But is this a suit founded on contract ? ALBANY, DECEMBER 4, 1880.

Like Lord Eldon, " we doubt."


We thought we had heard of every conceivable CURRENT TOPICS.

excuse for shirking jury-duty, but a new one has UDGE WALLACE, of the Federal Circuit Court

recently been invented in the city of New York. for the Northern District of New York, has pro; belonged to the Reformed Presbyterian Church, the

A juror asked to be excused on the ground that he nounced an important decision in respect to National

creed of which, he said, maintains that it is wrong banks, in National Albany Exchange Bank v. Hills.

to do any legal business under the present ConstituThis was a suit to restrain the receiver of taxes and

tion of the United States, since it does not mention the city marshal of Albany from collecting the tax

God, or acknowledge Him as the “ author of nafor 1879, against the bank, under the act of 1866,

tional existence and the source of all power and on the ground that it is unconstitutional. This

authority in civil government, and Jesus Christ as the act, it will be remembered, was pronounced invalid

ruler of nations and the Bible as the foundation of as to National banks, by the Federal Supreme Court,

law and the supreme rule for the conduct of nain People ex rel. Williams v. Weaver, 100 U. S. 539; S. C., Browne's Nat. Bk. Cas. 57, in so far as it per

tions.” The juror argued that as jurors are execu

tive officers created by the Constitution, he could mits the debtor to deduct the amount of his debts from the valuation of all his personal property, in

not conscientiously serve on that account. But the

court, taking a different view of the matter, cruelly cluding moneyed capital, except bank shares, inas

compelled the scrupulous man to serve. Wendell much as it thus taxes shares in National banks at a greater rate than other moneyed capital. Judge Phillips, after preparing for the bar, declined to folWallace now holds that the act is totally void and

low the profession, it is said, because of the requireunconstitutional as to the National bank shares,

ment of an oath to support the Federal Constituand

tion. His objection, however, was more radical conferred no authority to make any assessment upon

than the pious juror's, for he denounced the Constithem, and is not simply erroneous with respect to

tution as “a covenant with death and league with the omission of the right to make the deduction for

hell.” But we should think the juror might be satdebts. This question was not before the Federal

isfied with the Declaration of Independence, which Supreme Court in the Weaver case, that decision

recognizes God, the Creator, the Supreme Judge, and simply holding that the debtor is entitled to a de

expresses a “firm reliance on the protection of Diduction from the assessment, to the amount of his

vine Providence,” in the act of separation from the debts. The Court of Appeals of this State, Do

mother-country. Really, a resort to the time-honored People, 36 N. Y. 59, had decided that the act

excuses of deafness, inability to sit for any great of 1866 was peculiar, independent of, and designed length of time, or a wife about to be confined, as a substitute for the general system of taxation,

would appear more respectable than this pious preas to bank capital, and consequently it must stand

text of honoring God by shirking duty to man. or fall upon its own provisions, and the Federal Supreme Court having declared it invalid in this par

Mr. Richard Grant White has recently written in ticular it must go down altogether. This decision, of course, relates only to the tax of the year in

support of the pleasant and comfortable theory that

& common-school education is an incentive to crime. question, as the Legislature last winter enacted that the deduction should be allowed. We give the

Or if that is putting it too strongly, we will say, he

believes that education, instead of suppressing opinion in full in another column.

crime, seems favorable to its increase.

He supports

this theory, we believe, by a comparison of the staThe same judge has also decided the case of Stan- tistics of crime at the North and at the South. It ley v. Supervisors, which grew out of the same sub- will be generally conceded, we suppose, that educaject. Mr. Williams, the relator in Williams v. Wea- tion is more diffused at the North than at the South, ver, having paid under protest the tax thus unjustly and considering the difference in population, we laid on his bank stock, assigned his claim for re- believe crime is more general at the South than at covery to Stanley, a citizen of Chicago, who there- the North. This is true at least of crimes of vioupon brought this suit in the Federal Circuit Court. lence, and among the superior classes. Our statisJudge Wallace now dismisses the suit, on the ground tics of Texas criminal law some months ago showed that this is not a Federal question, and that court this. But to treat the subject fairly, it must be conhas no jurisdiction. This is founded on the act of ceded that there is an appalling amount, if not a Congress of March 3, 1875, providing that no Cir- decided increase, of violent crimes at the North. In cuit Court shall have cognizance of any suit founded two days, about a week ago, the telegraph on contract, in favor of an assignee, unless a suit brought us the news of no less than thirteen murmight have been prosecuted in such court to recover ders. To “pay off an old grudge,” at Maysville, thereon if no assignment had been made, except in Kentucky, one man stabbed and killed another; a cases of paper negotiable by the law merchant. Mr. railroad employee, discharged from work, shot and

lov. 22.- No. 23.

lan v.



killed the foreman, at Columbia, Tennessee; a man judges to confine themselves to the discharge of in a saloon in Carbonville, Ohio, playfully said he their legitimate duties, and prohibit them from de

a wouid shoot another with a pipe, and was immedi- voting any of their time to committee business. ately shot dead; a farmer at Napance, Ontario, was We call the attention of members-elect of the genfound dead in his house with his head split open, it eral assembly to this matter and trust that it will is thought by his wife; in an altercation at New- receive proper consideration. We know that many burgh, New York, one man shot another and killed members of the bar regard the performances of comhim; a railroad workman in New York quarrelled mittee work by the judges with disfavor, but are with another about some trivial matter, and settled delicate about making a move to reform the abuse, the dispute by plunging a knife to the heart of his which is already of large proportions and is concomrade; a man at Cumberland, Rhode Island, shot stantly growing. If the lawyers do not wish to and killed another who paid some attention to his take hold of the matter, let the laymen come to the wife; a man at Kankakee, Illinois, poisoned two front and try their hand at it." The judges of children; a cavalryman at St. Louis killed a woman; course ought to devote their time to the public busithe body of a seaman was found at Portsmouth, N. ness, but it is probable that they have meager salaH., with indications of foul play; a man at Hobo- ries, and being obliged to come down from the ken kicked his wife to death; a man at Pittsburgh bench in old age, are under a constant temptation was killed by a blow on the head received from some to earn all they can while in office. A pension person unknown. Only three of this batch occurred would obviate this evil. at the South. There are 19 persons now in jail at Chicago, for murder. Since writing the above we read of two more murders, one in Maryland and one

It is now judicially decided that an Indian and a

negro look so much alike that persons of ordinary in Kentucky. The 8th Texas Court of Appeals Re

discrimination cannot tell them apart by a casual ports come to the front pretty well with 29 murder

- very few hangings, however, the jury hav- glance. This is the doctrine of Leidersdorf v. Flint, ing a discretion as to punishment. And yet the

Wisconsin Supreme Court, Nov. 10, 1880, 7 Northw.

Rep. 252. The action was brought to restrain the gallows was never so busy as now. Every Friday brings its horrid catalogue of hangings. Justice infringement of a trade-mark upon smoking-tobacco, seems vainly toiling after the law-breakers. Has put up in packages of a certain form, in paper wrapthis state of facts any dependence on the year of

pers of a particular color and mark, stamped “Nigperihelions upon which we are entering? Have

ger-hair smoking-tobacco.” The most marked feathe planets indeed cast an evil eye upon us ? That

ture of the label is a representation of a negro's New York juror would better look at these facts,

head surmounted by a copious crop of wool, and and waive his scruples, and if God is not in our

having a large ring depending from the nose and

another from the ear. The defendant imitated the Constitution, try to put Him into our administration of criminal justice. We cannot believe the devil label, putting on the head of an Indian, with a ring

in his ear but none in his nose, and stamping the is dead,” yet, notwithstanding, the victim in one of the Texas cases was Olenick.

packages “Big Indian.Fac similes of both labels were annexed to the complaint. It was held, on

demurrer, that the dissimilarity was not so marked The attention of the public in Connecticut is be- as to make it apparent that no one could be deing called to the subject of prohibiting judges from ceived, and the demurrer was overruled. sitting as referees, or “committees," as the term is in that State. This is a step which was taken in this State a number of years ago. It is said in Con

NOTES OF CASES. necticut, that the courts are burdened with business, that the judicial salaries are not inadequate, and

'N Brooks v. Cook, Michigan Supreme Court, Nov. that the expense of this system of trial is very 10, 1880, 7 Northw. Rep. 216, it was held that great. An exchange says: “It is claimed that the under the Civil Damage Act, the person to whom courts are so burdened with business as to render liquor is sold, and who is injured by intoxication it impossible for suitors to obtain a speedy trial, and therefrom, cannot maintain an action therefor, as an for a number of years there has been a strong press other person.” In this case the injury was the ure to have the number of judges increased, many loss of money by the plaintiff's having his pocket leading members of the bar advocating an increase picked while he was intoxicated. The court obas a necessity. We are not prepared to say that an served: “Is the person to whom the liquor is sold, increase of the number of judges would not be etc., and who in consequence sustains an injury, one necessary even if the present judges confined their of the persons for whose benefit the statute is attention entirely to their legitimate duties. Still, passed ? So far as the statute attempts any enumerbefore increasing the judicial expenses of the State, ation of persons who may sue, they all stand in which are already large, we think it would be a some one of the domestic relations to the person to good idea to put a stop to the practice of allowing whom the liquor is sold, given or furnished. To judges to try as committees cases which they ought that extent the statute unquestionably contemplates to try in their ordinary judicial capacity.” “It is that there shall be three persons concerned: the high time that a law was passed which will compel | person selling, giving or furnishing, the person re



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