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close allies she has none. Russia, the United States, he rarely rises outside the interest of his own town Japan, Australia, Canada, to some degree at least, or village. He is never honest, as we count that but as yet mostly in the future, and, finally, Ger- virtue, never truthful, and never industrious or permany - an empire thirty years old are the chief severing. This is his dark side, but it is with that actors in what is perhaps the most bewildering and we are concerned. The two points which are most difficult problem of world politics ever offered to inimical to progress are, as already indicated, the the world for solution.

lack of unity and the lack of persistence. The Mr. Colquhoun relegates Germany to an alto- Malay is the laziest of Orientals, and the Filipino gether secondary role in his book, placing in her is not the least lazy of Malays. The Malay, in short, stead Holland, on account of what one of her is a creature of limitations. literary men, who desired the late King William III, But the Filipino is not a pure Malay; he is so to assume the title of Emperor, called the island heterogeneous as to defy classification. The prinIndia, Insulinde." But, however puzzling the cipal elements in the mixture are Spanish and policy of the German Emperor in China, there can Chinese. The Chinese half-breeds are the most be no doubt that if a transference of the Dutch brainy and puzzling members of the population, and East Indies is to be made in the future, they will form a large proportion of the insurgents. “ The go to Germany, not by conquest but by the acces- Chinese character is so involved,” says Mr. Colqusion of the Netherlands to the German confedera- houn, “and so impossible to generalize, that it is tion, on the footing of Bavaria, not willingly per- difficult to suggest the possible modifications it haps, but under the pressure of international com- would make in the Malay; but when we remember plications in which a small and weak nation cannot the strong conservatism of the Chinese, and their retain its independence of action and survive with intense superstition, we cannot be surprised at the out loss.

The possible complications in South prominence of these two qualities in their Filipino Africa, once Holland has become a partner in the descendants. Some of the traditions current in the great German Empire, come not within the scope of Philippines, for instance the idea that mines could present considerations. The prophecy that England not be opened without the application to the will ultimately lose the Cape, whatever the outcome 'veins' of an unguent composed of old women's of the present war, assumes new significance in this eyes, and a report, as late as 1830, that children light.

were to be seized, that their blood might water the Mr. Colquhoun doubts very strongly the success gold and silver mines of Spain — these are charof the education we are going to give to the acteristically Chinese." Filipinos, and bases his doubt upon the character- The Spaniards have made a double impression istics and possibilities of the Malays, as revealed upon the Filipino, by intermarriage and governhitherto in their relations with Europeans.

From them the Filipino has a certain granThe Malay has undoubted charm. He is bright, diloquence, words without thought, but strangely hospitable, has a certain tenderness of heart and deceptive as an indication of mental faculties. The possesses, in general, the fundamental traits that “intellectual subtlety of the Latin has also been make the gentleman the world over. He is easy curiously grafted onto the simplicity which is not to rule, so long as he recognizes his master, is stupidity — of the Malay. "The result is a peculiar brave, but superstitious. He also has, in fullest leaning toward abstract ideas, a love of the purely measure, the defects of his qualities.

theoretical side of learning, with a corresponding Experience has taught one thing: he degenerates inability to apply those theories, which are to them when brought under the influence of Western things apart from real life — things they have civilization, losing some of his primitive virtues, learned or read, and not evolved from life itself. and failing to acquire others that require the exer- They begin with the abstract, and fail to work down cise of reason and discipline. Continuing his to the concrete, instead of taking the concrete and analysis of the Malay character, Mr. Colquhoun so, through circles of thought, reaching the says:

abstract." “Other deficiencies in their mental and moral Mr. Colquhoun believes that we are in too much equipment' are a lack of organizing power. No of a hurry to bestow upon the Filipinos the benefits Malay nation has ever emerged from the hordes and blessings of our civilization. He holds that it of that race which have spread over the islands of will take more than two generations to create the the Pacific. Wherever they are found they have new Filipino, and observes, very pertinently, that certain marked characteristics, and of these the we must not forget that our brown friend in the most remarkable is their lack of that spirit which islands must, first of all, unlearn a great many goes to form a homogeneous people, to weld them things taught him by his Spanish masters. The together. The Malay is always a provincial; more, ' book is beautifully printed and copiously illustrated.



Manual of Wills. By G. F. Tucker. Boston: G. B. sides of the Atlantic. The author's thesis, by which Reed, 1902.

he explains the dominant principles of western The legal profession will receive with satisfaction civilization, and which is in turn explained by those the announcement of the second edition of G. F. principles, is that progress has come, and is to come Tucker's “Manual Relating to the Preparation of still more in the future, by the gradual substitution Wills." It contains all that may be required to of the future for the present as the ascendant elepoint the way for proper preparation of a will and ment in human thought. Through the middle also presents important rulings of the court in ques- ages and down into the last century was presented tions opened by wills. The last edition embraces the antithesis of a church whose whole teaching the decisions included in volume 178 of our reports. was of the things of the future dominating and

Chapters bear the same titles as those of the embracing a secular state whose gaze was fixed on original work with added chapter entitled the present. Out of this conflict has emerged the “Reasons for Making a Will,” where a will may consciousness of the need to separate church and be made, touching its effect upon property in other State, in order that the former may have full freejurisdictions. Although a book on Massachusetts dom to align its practices with its professions and law, there are numerous citations from English point its adherents to the future without obstacle authorities and courts of other States. An appendix or contradiction. Now the task of the time is to contains many new forms for wills. A full table bring the political and economic activity of the of cited cases is given with an exhaustive index of world up to the same high level of ideal and action; the book's contents.

to purge all human thought of the base utilitarianThe well proved utility of the first edition to theism that regards only the wants of to-day. That legal profession is guarantee for the revised way lies progress and growth; any other way is manual's value with its copious and carefully pre- degeneration and death." Mr. Kidd claims that the pared additional features.

true meaning of evolution has not really been

apprehended hitherto, even by Darwin or Wallace, Audrey. By Mary Johnston. Boston: Houghton, Wessmann or Romanes. The author thus states Mifflin & Co., 1902.

the dividing line between the old and the new In her latest work which, it will be remembered, thinkers: had its first publication serially in the Atlantic “ When we look at the statement of the law of Monthly, the author of "To Have and To Hold " natural selection as Darwin left it, it may be perand “Prisoners of Hope,” has made a distinct ceived on reflection that there is a consequence advance upon her previous efforts in the line of involved in it which is not at first sight apparent. fiction. She has deliberately forsaken pure adven- It is evident that the very essence of the principle ture for romance, and is to be commended for the is that it must act in the manner in which it prostep. In Audrey will be found a valuable addition duces the most effective results. The qualities in to the gallery of pictures of the social life in colonial favor of which it must in the long run consistently America in the seventeenth century; the back- discriminate are those which most effectively subground of the colony and its people is to our mind serve the interests of the largest majority. Yet this far better done than in either of her previous works. majority in the processes of life can never be in On the other hand, neither Audrey, the heroine, the present. It is always of necessity the majority nor Haward, the hero, is likely to endure in fiction which constitutes the long roll of the yet unborn because they are more literary than living. The generations." plot, too, seems to us inadequate for so long a It is to America, Mr. Kidd holds, that we must novel. While making these criticisms, we are free turn if we wish to see the last word in the evolution to say that there is about the book a certain inde- of society “writ large.” The author has given profinable charm, a graceful poetic style and a beauty found thought to the problems before him and has of diction that place it far above the average his- produced a fascinating study that is certain not only torical novel of the present day. Though, in our to interest the scholar and student, but to make opinion, not a great work, it is fully worthy of the them think for themselves. talented author's reputation,- a fit companion for her previous books.

The Second Generation. By James Weber Linn.

New York: The Macmillan Company, 1902. Principles of Western Civilization. By Benjamin

This is what may be termed newspaper story." Kidd. New York: The Macmillan Co., 1902. The action takes place in Chicago, and the motive

Mr. Kidd's work, which is the first volume of a is the mission given to the hero by his father to System of evolutionary philosophy, has created pursue and bring to justice a notoriously corrupt much favorable comment among scholars on both 'politician who has assaulted and virtually killed



him, his death being due to heart failure superin- how he outgrows her mentally and morally, and duced by a heavy blow received during a quarrel. finally discovers that her ideals are fundamentally This occurs in a far western town. From this cir- cheap, is told with skill, rare skill. Still he loves cumstance the book takes its title. The story of the her. She, cold and calculating, makes a loveless young man's relentless pursuit of the boodler," marriage for money, but is really unhappy. She his early struggles in Chicago newspaperdom, his craves love. At length Jack finds her uniaithiul love affair with the daughter of the man whom he her husband and utterly unworthy. He goes to is pursuing (her identity, of course, remaining un- Iowa with a college chum, wins a great lawsuit and known to him until the end), his own conviction at last finds and marries the girl of his dreams. and incarceration in State's prison after conviction The story is admirably told, with many exquisite of the charge of robbing the “ boodler" of a touches of the true artist. Particularly noticeable pocket-book containing incriminating evidence of is the skill shown in keeping the interest centered his purchase of votes of legislators all this is about one character. told exceedingly well. The style is admirably graphic and remarkably intense. Many a past

Literary Notes. master of the art of story telling might have done inferior work to this. The interest in the develop

Henry James, who has been ill at his home in ment of the theme never flags for a moment; the Rye, is now better, and has just finished correcting sense of proportion and of perspective is admirable.

the proofs of his new novel. For a new writer, as we believe Mr. Linn is, it is remarkable. Still he undoubtedly can

do even

Charles Major's new novel, Dorothy Vernon of better, and we believe he will.

Haddon Hall, will be published about the middle

of April by the Macmillan Company. Kate Bonnet. By Frank R. Stockton. D. Apple

Andrew Carnegie's new book will come from the ton & Co. New York, 1902.

press of Doubleday, Page & Co. some time in In this story of a good, quiet West Indian April as a sort of sequel to his “Gospel of Wealth.” planter who would be a pirate and scourge of the

Hall Caine has recovered from a severe attack of seas, the author of Rudder Grange" has given still another proof of his remarkable versatility, however, undecided as to what publisher's offer he

influenza and is hard at work again. He is, as yet, Whether intended as a satire on the current school

will accept for his new novel. of romantic fiction, or meant by the author to be taken in all seriousness, the book is equally good The original MS. of Stevenson's Child's Garden reading. Mr. Bonnet, Kate's father, is as blood- of Verse” is for sale at $1,800. It contains many thirsty and terrible as even the most jaded reader variations from the printed text, and some poems could wish. A thorough landsman, ignorant of which are not to be found in the published volume. even the rudiments of seamanship, he yet rules his

A collection of 105 letters in Charlotte Bronte's villianous crew and his ferocious sailing master even handwriting is held for sale in Edinburgh at the as in the dime novels of long ago the youthful comfortable sum of $2,250. This is within $250 of hero ruled the bands of stalwart brigands. Some the whole sum paid for the copyright of Jane of the minor characters are excellent, particularly Eyre.” the faithful Scotchman who is deeply concerned for

A story of a love that runs by no means smoothly the soul of his master and follows him with doglike faithfulness. Kate is a delightful creation with is woven into Owen Wister's new book, The Virwhom the reader is sure to fall in love. As a story ginian: A Horseman of the Plains. The hero is a of adventure Mr. Stockton's latest work

young Virginian in the cowboy life of the West.

is thoroughly enjoyable and is certain to have a wide The Macmillan Company will publish the book in reading


Messrs. A. C. McClurg & Co. announce that a The Real World. By Robert Herrick. The Mac-fourth volume is to be added to their successful millan Company, 1902.

| “Southern Sketches " series this Spring. Previous This latest work of Mr. Herrick's is a story of volumes were devoted to Georgia, Tennessee and the struggles of a poor young man, Jack Pember- South Carolina, and in the new work Dr. Samuel ton, to raise himself in the world. His own world Minturn Peck has described the people of Alabama is mean, sordid and filled with discontent. The through the medium of a collection of short stories. story of how he works his way through Harvard Dr. Peck is a native of the State, and should be and its law school, how he meets and loves Elsie able to handle the local color with considerable Mason, in a summer hotel at a Vlaine coast resort, ' deitness.

“ The Opponents " is a new novel by Harrison This is Mrs. Latimer's first book of fiction, but the Robertson, author of Red Blood and Blue," and readers of her admirable Nineteenth Century Series "The Islander," to be published soon by Charles need no assurance of her ability to write in a most Scribner's Sons. The story deals with latter-day interesting manner. The book will be published politics in Kentucky. The opponents, who en- by A. C. McClurg & Co., Chicago. counter each other's rivalry in love as well as in

Lippincott's April Magazine publishes as its the contest for election congress, are said to be

complete novel a love story of the West Indies by dramatically contrasted.

John S. Durham, Ex-Minister to Hayti and Santo "Lady Rose's Daughter" is the title of Mrs. Domingo. The setting of “ Diane, Priestess of Humphrey Ward's new novel, which will begin in Hayti,” is, therefore, drawn from sight, while the the Vay “Harper." According to the first install- plot shows a marvellous imagination. Diane," a ment, which has just reached Harper & Brothers, native beauty, under the dominion of a priest, the scene is laid in the England of to-day, while the aspires to learn to “make the cures and become interest centers around a young girl whose gentle the people's idol. But she has given her heart to nature rebels against British society as she is a young soldier who detests Voodooism, so her found " in town and country.

love pulls her one way and her ambition another. Friends of William Allen White will regret to

The story is one of fascinating intrigue, and the learn that his ill health has compelled him to sus

scenes of foreign society life in Hayti particularly pend all literary labors, and, in fact, to abandon interesting. In addition to the complete novel the work altogether. This will necessitate the post

April Lippincott contains several admirable short ponement of the volume of Political Portraits which stories: “ Billy Baxter's Holiday,” by the witty Messrs. McClure, Phillips and Company announced

Irishman, Seumas MacManus, is as full of humor

The holiday is spent in for spring publication. Mr. White has gone to the as anything he has done. Pacific coast to rest and recuperate.

New York, where Billy's queer Irish ways cause

his sister-in-law much uneasiness. General Charles In an article on Ulysses, in the Outlook, evidently King contributes to the April Lippincott his latest from the pen of Hamilton W. Mabie, he character- military love story, called “ Like Father, Like Son.” izes Stephen Phillips's work in a striking passage. This is a tale of the draft in the Civil War. “And He says that the poet has presented a very charm- Other Considerations,” by Mary Catharine Hews, ing picture of the antique world of mythology and is a pathetic story with a humorous side to it. of the Homeric time, and has fashioned a piece of art which is like a finely-wrought cup of refreshment for those who thirst for beauty in an age when

Legal Notes. beauty seems to be only a secondary interest.”

The fact that at the time of signing a note the During the present session of congress, The maker is voluntarily intoxicated, to the extent that Saturday Evening Post, of Philadelphia, will con- he cannot give proper attention to it, is held, in tain bi-weekly articles on national affairs by the Wright v. Waller ([Ala.] 54 L. R. A. 440) not to former Postmaster-General, Honorable Charles render the note void. Emery Smith. In Men and Measures at Washing

A written promise of a married woman made in a ton Mr. Smith will discuss the great legislative and foreign state where it is valid is held, in Thompson v. diplomatic questions of the day, explaining the Taylor ([N. J. Err. and App.) 54 L. R. A. 585) to be news of the week, and giving a clear presentation enforceable in New Jersey, although it would be void of national policies and politics. Mr. Smith's long if made in the latter State. familiarity with public affairs, his shrewd political The ALBANY LAW JOURNAL has received from insight and his brilliant literary style combine to Secretary S. W. Bennett, of the Ohio State Bar Asmake these papers of unusual interest.

sociation, a copy of the proceedings of that Association for 1901.

It is a very interesting volume, Possibly everyone may not remember that Louis particularly to the legal profession of Ohio, and XV had a young cousin - a more or less scape- is gotten up in excellent style. grace prince, but a most fascinating character —

A woman suing to recover damages for the neglicalled Rinaldo D'Este. This young adventurer had

gent killing of her liusband, for the benefit of herself a particularly romantic career, but up to the present and her minor children by him, is held, in Kolb v. time has not appeared in fiction. However, that Union R. Co. ([R. I.] 54 L. R. A. 646) not to be excellent historian, Mrs. Latimer, knows her France compelled to testify, on cross-examination, to the too well to leave such promising material neglected, fact that she has given birth to an illegitimate child and under the title of “The Prince Incognito,” is since his death, for the purpose of affecting her to give us

a novel based upon his adventures. credibility as a witness.


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A statute authorizing the State board of health to dered spiritual and immortal.

So far as revoke a physician's license for grossly unprofes- the practical results of their claims to Christian Scisional conduct likely to deceive or defraud the ence are concerned, we can, from its results, view it public, without fixing any standard by which such only as a species of charlatanry that is more harmful fact shall be determined, is held, in Mathews v. to society than beneficial, and that rather deserves Murphy ([Ky.) 54 L. R. A. 415) to be void. the ban of the law than its encouragement and

Upon the trial of an indictment for conspiring to protection.” commit murder, the fact of defendant's intoxication By the death of Mr. James Bradley Thayer, proat the time of the commission of the offense is held, fessor of law at Harvard University, America has in Booher v. State ([Ind.) 54 L. R. A. 391) to be lost one of its most learned and gifted legal writers. properly considered by the jury as bearing upon the He was the author of many valuable works devoted existence of the felonious intent necessary to render to the science of law, one of the latest being his him guilty.

scholarly treatise on · Evidence at the Common

Law”An agreement that, for a pecuniary consideration,

a work showing a minute acquaintance with a person will withdraw opposition to the granting early English legal history and procedure. Proof a pardon, and will endeavor to induce the pardon- fessor Thayer was also a recognized authority on ing authority to grant a pardon to one who has been international and constitutional law. convicted of a crime, is held, in Deering & Co. v. One who signs a promissory note in the name of Cunningham ([Kan.) 54 L. R. A. 410) to be against another, by himself as attorney in fact, but who, to public policy and void.

the knowledge of the payee and a subsequent indorsee The United States Supreme Court has decided, in has no authority to use the other's name, and who the case of the City of Detroit v. The Detroit Citi- refuses their solicitation to sign his own name and zens' Street Ry. Co., in favor of the defendant, bind himself personally, is held, in Kansas National declaring invalid the ordinances reducing fares from Bank v. Bay ([Kan.) 54 L. R. A. 408) not to be five to three cents. The original ordinance making liable upon the note as his contract, although it is the fare five cents is held to be in the nature of a

given in a transaction of his own, and the name contract which could only be abrogated with the con

signed to the note is generally used by him as a sent of the defendant.

trade-name. The accidental shooting of a man upon a highway

So-called common-law marriages are illegal, acby an employe in a slaughter-house, who was shoot- cording to the decision of the Supreme Court of ing at dogs that had caused annoyance and trouble Appeals of this state. The opinion, written by Judge about the place, is held, in Cleghorn v. Thompson Cardwell

, was given in the case of Offield v. Davis, ([Kan.) 54 L. R. A. 402) not to render either em

appealed from the Circuit Court of Greene county, ployer or employe liable, as the shooting of the man

and the lower court's decision was affirmed. The was entirely accidental, and was due to the deflection question presented in this case for the first time of the course of the bullet in some manner, except

before the court was whether or not a contract for which it could never have reached the highway. proved to have been entered into between a man

and a woman, by which they mutually agreed to Riparian owners along a stream of water, the flow become husband and wife, without any celebration of which has been diverted from its natural channel, and without license, constituted a valid marriage in or obstructed by a permanent dam, which has con- this State and entitled the woman to dower interest tinued for the time necessary to establish a prescrip- from the time the agreement was entered into. tive right to perpetually maintain the same, who have

Henry Hitchcock, aged seventy-one years, one of improved their property in reliance upon the continuance thereof, are held, in Kray v. Muggli

the leading lawyers of St. Louis and brother of the ([Minn.] 54 L. R. A. 473) to acquire a reciprocal secretary of the interior, died Tuesday, March 18,

1902, at his home in St. Louis, Mo., of heart failure. right to have the artificial conditions remain

Secretary Hitchcock was at the bedside when his lindisturbed.

brother passed away. Mr. Hitchcock was born in Judge Love, of the County Court of Center Mobile, Ala., but the family moved when he was a county, Pa., rejected the application for a charter for child and he graduated from the University of the First Church of Christ, Scientist, of Howard. In Tennessee. After graduating he went to Yale for his memorandum giving the reasons for his refusal, two years. Later he studied law and was admitted he says:

to the Missouri bar in 1851, but instead of beginning “Were the propagandism they advocate at all re- the practice of law he became assistant editor of the liable, then it should be followed by certain definite St. Louis Intelligencer, a national Whig publicaand beneficial results at all times. When such results tion, after a year returning to the law business. He follow their profession of faith, then they may joined the Republican party and took an active part have some right to denominate themselves ‘Christ in the national canvass of 1860. During the civil Scientists,' and when such results follow, then will war Henry Hitchcock was assistant adjutant-general flesh and blood cease to be mortal and will be ren- of volunteers and judge-advocate in Sherman's army

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