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during the Carolina campaign and the march to the and inducements may, by bettors and gamesters, be sea. He became president of the St. Louis Bar Asso- availed of, as well in pool-rooms as on the raceciation and had a wide reputation among lawyers iracks. The court will not lend its equitable process throughout the country. He was offered a seat on in` aid of plaintiff in its efforts to promote and inthe bench of the United States Supreme Court by duce acts forbidden by the Constitution and the President Harrison, but declined on account of his law." large practice. He was one of the trustees of the
The surrogate of Dutchess county, N. Y., has denew Carnegie institution and was interested in many cided that a deed of gift is subject to the collateral public institutions.
inheritance tax, where it is made in contemplation A jury in the Supreme Court recently awarded a
of the death of the grantor and is not intended to verdict of $8,428.69 to the plaintiff in the case of take effect until at or after his death. The decision
is in connection with the death of Charles Miller, Welling v. Babcock, tried before Justice McLean. This favorable result was secured through the efforts owner of the Phoenix Horseshoe Works, of Poughof John F. Baker, the well-known lawyer. Though keepsie and Joliet, I11. On the eve of his marriage,
in 1893, Mr. Miller transferred to his betrothed opposed by formidable counsel, Mr. Baker prepared his case so carefully and presented the salient points 2,000 shares of stock in his company, and on the so ably that the jury returned a verdict in his favor. following day an agreement was made by which the For a considerable time Mr. Baker has practiced stock was retransferred to Mr. Miller to invest as his profession in this city and enjoys a well-deserved he might deem proper, subject to the approval of his reputation for professional efficiency. He is well wife. It was contended by the State comptroller known in business and political circles. He is an
that it was the intention of the transfer of 1893 to earnest and consistent Republican, and has labored suspend possession of the stock until the grantor's constantly to advance the interests of the same in death. The surrogate sustains that view and holds this city. He has been asked repeatedly to accept that the State should receive a tax on the stock, important political positions, but has always declined which is valued at $200,000. to become a candidate, his rapidly-increasing practice
Incidentally, the decision of the Supreme Court and time devoted to literary work requiring his con- holding the Illinois anti-trust law invalid suggests stant attention and study. On account of his ex- the far-reaching importance and value of that clause perience and thorough knowledge of law his services of the Fourteenth Amendment of the constitution are always in demand. - N. Y. Financial Review.
forbidding any State to “ deny to any person within The attempt of Maxim & Gay, the racing“ tip make certain contracts and agreements relating to
its jurisdiction the equal protection of the laws." To sters,” to enjoin “ Jack” Sheehan and Edward production and trade unlawful, subject those enterMcGloin, New York city newsmen, and their em
ing into them to penalties, and then to exempt from ployes from selling the "tips' sent out by the
the operation of the law those who raise agricultural plaintiff firm, has proved unsuccessful. Justice
products and live stock, is such a flagrant violation Clarke, in the Supreme Court, has denied their ap- of the just principle here embodied that it is strange plication to continue a temporary injunction restrain that a State legislature should venture to enact such ing the defendants from selling or otherwise
a statute. It is a "class" legislation that might lead disposing of the "tips" purchased by them from the plaintiff corporation. Justice Clarke cites the State farmers could be favored by such exemptions, any
to intolerable discriminations among citizens, for if . Constitution as to gambling, which makes pool sell-class of manufacturers or traders might be, if they ing and book-making felonies and misdemeanors, had influence enough with legislators. It is fortunate with the exception that, in the case of a person mak- that the United States Constitution contains this ing a wager upon the race-track, he shall forfeit the wager, to be recovered in a civil action. He also guarantee of “equal protection of the laws.”— New
York Commercial Advertiser. quotes a decision of the Court of Appeals holding that this statute did not authorize any of the for- The firm of Evarts, Choate and Beaman of New bidden acts, and that the effect of the section as York, after an existence of nearly forty years, has to betting on race-tracks was merely to reduce the been dissolved. Ex-Senator Evarts and Beaman, his penalty or punishment for that particular offense. son-in-law, both died within the last few years, and
“It thus appears,” Justice Clarke concludes, "that Mr. Choate is now ambassador to Great Britain. by the provisions of the Constitution, and by the stat- There were four silent partners in the firm, and they utes passed in accordance therewith, as interpreted were willing to continue to practice under the old by our highest court, betting and gambling on horse name; but Ambassador Choate, during a recent visit races is forbidden no less on race-tracks than in to this country, told his associates that as his public pool-rooms, though the penalty therefor prescribed is duties would very likely occupy a number of years different for .a violation in one place than in the to come, he would prefer to retire from the firm. other. The tips and advertisements of plaintiff are So the dissolution of the old firm was announced, devised and intended as an aid to and an incitement and a new firm of the surviving partners has been of this forbidden gambling and betting, and such aids formed. Evarts and Choate made for years the strongest combination of legal talent New York fusion the servants of the crown are bound to take could produce. Theirs was strictly a law practice, all measures to save the State and protect their covering all fields of the law. The old office at 52 sovereign. But to tell us that soldiers are to be the Wall street has been the training school of some of sole judges of the necessity, of the conditions and the best lawyers in the country, who were favored limits of their powers, are never to be accountable in their youth by being taken into the office as law to any civil tribunal, are to be what the king is, i. e., students.
'can do no wrong,' and are judge, jury, counsel, and
witnesses in their own case; this is enough to make English Notes.
Coke, Hale, Blackstone, and Mansfield turn in their
graves."— Law Times. The Hon. Charles Russell and the Hon. Frank Russell were among the chief mourners
at the funeral of the Rev. Mother Emmanuel, only surviv
Humorous Side of the Law. ing sister of the late Lord Russell of Killowen, which took place recently at the Newry Convent The Scimeter, of Memphis, tells of a young crimof Mercy.
inal lawyer of that city who on the occasion of his A considerable exodus, says the Pall Mall Gazette,
becoming of age began the celebration of his birthis in process from the Temple to Johannesburg and day in a way that caused his household a great deal Pretoria, whither some newly appointed officials of
of consternation. the courts have recently gone. As so many stuff
On the eve of the fete, shortly after midnight, the gownsmen are following them' it looks as if work young man's family were suddenly startled from before the new tribunals will soon be in full swing their slumbers by a loud voice in the house calling, The resettlement of the country will probably keep - There's a man in the house! There's a man in the
house!" lawyers busy for some time to come.
The valiant paterfamilias rushed from his room, A supplement to the London Gazette of February bearing in his hands a heavy billet of firewood, to 28 contains the only authorized list of dormant or learn the cause of the disturbance and to capture unclainted funds in the several divisions of the High the intruder.
was standing in the hall, Court which have not been dealt with since Septem- shouting at the top of his voice. ber 1, 1886. The aggregate amount is about 1,050,-. “Where's the man? " exclaimed the old gentleman. oool., distributed over more than 3,200 separate Here, sir; here!" proudly replied the young man. accounts. One-half of these do not exceed 150l. in “This is he. At last I'm twenty-one." value, and only about one-twentieth exceed 1,000l.
A lawyer, while bathing, was attacked by a shark. There was
a time when the mayors of Bristol He managed to beat off his assailant and struggled would visit London for the double purpose of exer- back to shore. Once in safety the beach he shook cising a privilege and astonishing the presiding judge his fist at the retiring and disappointed shark, and at the Old Bailey. Such an instance, which afforded gasped out: “You brute! That's the most abominasome amusement, relates the Daily Chronicle, oc- ble breach of professional etiquette I have ever curred in 1762, when John Noble was mayor of known.”— Exchange. Bristol. In virtue of his office he was one of the
An episode has been recalled in the life of the judges of the Admiralty Court, and entitled to take
late Justice Field, of the United States Supreme his seat on the bench. John visited London for the special purpose of asserting his right, and succeeded
Court, whose temper was of the most irascible kind. in establishing his claim, to the great surprise of He had given instructions to his servant on a certain the presiding judge, who very politely apologized, morning that he was not to be disturbed. Presently and requested his worship to take the chair.
there came a ring at the door bell and an aggressive The
book agent appeared. mayor, however, was quite satisfied with the acknowledgment, as politely declined, and, with a
“I want to see Justice Field,” he said. superb bow to the judge, left the court.
“You cannot see him,” was the reply.
“I must see him." Mr. Frederic Harrison, of Lincoln's inn, whose “Impossible." views on the Marais case are well known, has issued The conversation grew more emphatic, until finally a pamphlet entitled “The State of Siege,” in which the persistent book agent's demands echoed through he says: “There is but one public law, where not the house. At that moment Justice Field, who had specially modified, for all the Britains. All Britons been attracted by the altercation, appeared at the enjoy the same constiutional right, which is one and head of the stairs. indivisible. And the foundations of this right dis- “William,” he said, in a fiercely angry tone, “show appear, if when it is necessary anywhere to appeal the brazen scoundrel up to me; if you cannot handle to the sword, the only rule is to be — inter arma him, I will." silent leges — nay, too, silet jus — silent jurisconsulti. The book agent made no further effort to break No lawyer doubts that in extreme peril and con- into the justice's presence.— Exchange.
Law Journal. Judge Parker enunciates the principle that
"a labor organization is endowed with preA Monthly Record of the Law and the Lawyers.
cisely the same right as is an individual to Published by Tue Albany Law Journal Company, Albany, N Y threaten to do that which it may lawfully do.”
Contributions, items of news about courts, judges and lawyers" The opinion is able, clear and well-reasoned. queries or comments, criticisms on various law questions, addresses on legal topics, or discussions on questions of timely interest, are It seems to us entirely just. It is regarded as sollcited from members of the bar and those interested in legal the greatest victory that crganized labor in proceedings.
this State has ever obtained. (All communications intended for the Editor should be addressed simply to the Editor of THE ALBANY LAW JOURNAL. All letters relating to advertisements, subscriptions or other business matters should be addressed to THE ALBANY LAW JOURNAL COMPANY.] The necessity for a strict compliance with
Subscription price, Three Dollars per annum, in advance. Single the statutory rules regarding the execution number, Twenty-five Cents.
of wills is again illustrated by a case recently ALBANY, N. Y., MAY, 1902.
decided by the surrogate of Kings county in Current Lopics.
this State. The statute requires that the will
must be signed at the end and declared in the An important decision sustaining the right presence of at least two witnesses, who must of labor unions to limit their membership be requested by the testator to attest it. The and to refuse to work with non-union men witnesses, moreover, must sign in his preswas handed down recently by the New York ence and in the presence of each other. In Court of Appeals, in the case of the National the case in point, the will before Surrogate Protective Association of Steam Fitters and Church was that of Emma Kivlin. She Helpers and Charles McQuade, appeilants, asked Mrs. Von Bergen and her son to witagainst James M. Cummings and others, re- ness her will, which she said was made out spondents. The court was divided, the pre- and ready for them to sign. Later on she vailing opinion being written by Chief Judge spoke to Mrs. Von Bargen again. The lat. Parker and concurred in by Judges Gray, ter took the will, and in the absence of the O'Brien and Haight. It is dissented from by testatrix requested her son to witness the inJudges Bartlett, Vartin and l'ann. The pre- strument with her. Both Mrs. Von Burgen vailing opinion, which we publish in another and her son signed, and then the will was part of this issue of the Albany Law Journal, given back to the decedent. The latter did we regard as one of the most important and not specifically acknowledge her signature to significant handed down by the highest court the two witnesses, nor did she at any time of this State for a long time. It affirms the acknowledge the paper to be her will, or the right of workingmen to organize for mutual subscription to be hers, or request the young benefit and protection, to work or not, at man to sign as a witness. These facts, says will, provided they have not agreed otherwise, Surrogate Church, show the failure to comand to strike, provided the object is not to ply with the provisions of the statute. He gratify malice or inflict injury upon others, characterizes the case as an illustration of the but to secure better terms of employment for folly of persons endeavoring to attend to themselves. The “meat” of the decision is their own legal matters, particularly when it the statement of the court that a body of men comes to the execution of a will. “There is combined in a labor organization for purposes no doubt," he continues, " but that the dedeemed beneficial to themselves, have the ceased intended this paper to be her will, but right when they deem it detrimental to the the courts have held that the intent of the interests of their organization to refuse to deceased cannot be paramount to the intent work, more especially as they must assume of the Legislature, and that where there has all the risk of injury that may come to them been a complete failure to comply with the through the carelessness of co-employes. statutory provisions, probate must be denied
Vol. 64.- No. 5.
• from reasons of public policy, and the courts or advocate such doctrine, is guilty of a felony and have gone so far in this matter to even refuse punishable by imprisonment for not more than ten probate to holographic wills where there years, or by a fine of not more than $5,000, or both.
468c. Liability of editors and others.- Every could be no possible doubt as to the intent of editor or proprietor of a book, newspaper or serial the deceased."
and every manager of a partnership or incorporated
association by which a book, newspaper or serial is The detestable crime at Buffalo, last Sep- issued, is chargeable with the publication of any tember, by which the Nation was deprived of matter contained in such book, newspaper or serial. its Chief Magistrate, has led to the enactment
But in every prosecution therefor, the defendant
may show in his defense that the matter complained of laws in various States of the Union, whose of was published without his knowledge or fault object is to prevent the recurrence of such a and against his wishes, by another who had no aucrime by stamping out anarchy. Several thority from him to make the publication and other States besides New York have enacted whose act was disavowed by him as soon as known. such laws, but it is probable that none of
468d. Assemblages of anarchists.- Whenever them are
two or more persons assemble for the purpose of more comprehensive than that
advocating or teaching the doctrines of criminal which became chapter 371 of the Laws of anarchy, as defined in section 468a of this title, such New York, by the signature of Governor an assembly is unlawful, and every person volunOdell, last month. The new law becomes a tarily participating therein by his presence, aid or part of the Penal Code by adding to title 13 instigation, is guilty of a felony and punishable by five new sections, designated as 468a, 468b,
imprisonment for not more than ten years, or by
a fine of not more than $5,000, or both. 468c, 468d, 468e. The law provides as
468e. Perinitting premises to be used for assemfollows:
blages of anarchists.— The owner, agent, superinSec. 468a. Criminal anarchy defined.-- Criminal tendent, janitor, care-taker or occupant of any place, anarchy is the doctrine that organized government building or room, who willfully and knowingly pershould be overthrown by force or violence, or by mits therein any assemblage of persons prohibited assassination of the executive head or of any of the by section 468 of this title, or who, after notification executive officials of government, or by any unlaw- that the premises are so used permits such use to ful means. The advocacy of such doctrine either by continue, is guilty of a misdemeanor, and punishable word of mouth or writing is a felony.
by imprisonment for not more than two years, or 468b. Advocacy of criminal anarchy.- Any per- by a fine of not more than $2,000, or both. son who: By word of mouth or writing advocates, advises or teaches the duty, necessity or propriety of overthrowing or overturning organized govern- The question has frequently arisen, inside ment by force or violence, or by assassination of as well as outside of court rooms, whether the executive head or of any of the executive
one of the members of a jury which failed to officials of government, or by any unlawful means; or, prints, publishes, edits, issues or knowingly agree, after being out all night, was right or circulates, sells, distributes or publicly displays any wrong in standing out to the end; in other book, paper, document, or written or printed matter words, whether a member of a jury could, in any form, containing or advocating, advising or without violating his obligation, set aside his teaching the doctrine that organized government
own conscientious conviction and conclusion, should be overthrown by force, violence or any un
formed after hearing all the testimony and lawful means; or, openly, willfully and deliberately justifies by word of mouth or writing the assassina- arguments, for the purpose of making an action or unlawful killing or assaulting of any execu- cord with the eleven other members of the tive or other officer of the United States or of any jury who differed from him. That question · State or of any civilized nation having an organized was put to Judge Davis, of the Common government, because of his official character, or any Pleas Court, No. 5, Philadelphia, not long other crime, with intent to teach, spread or advocate the propriety of the doctrines of criminal an
ago, and he answered in this vigorous and archy; or organizes or helps to organize or becomes unequivocal fashion: a member of or voluntarily assembles with any so- “ One who has reached an intelligent conclusion ciety, group or assembly of persons formed to teach! from the testimony, affected, as the testimony always must be, by the charge of the court, would be a different verdict. He thought that when a coward if he were to submit to the dictation of the woman was placed on trial, the jury, at least, other members of the jury, unless he were con- if not the judge, should be composed of vinced that his position was a mistaken one. On
women. He warned women who enter a prothe other hand, the man who reiuses to violate his fession against the evil of becoming unsexed. conscience is a brave man, compelling respect and
“Retain your charms,” he said. “Retain deserving regard. It does not always follows that the eleven men in the jury, who are often jokingly your gentleness, and remember that, although called the eleven stubborn men, are correct in their you have a profession, you are still a woman." conclusion. It may be that the single juror is the Mr. Wu believes that medicine and the law one who has reached the proper conclusion under present good fields for the ambitions of the the law and the testimony. Majorities are not often fair sex. In this view he will find himself right; frequently the minority is decidedly so."
antagonized by a very large and influential Judge Davis is right. Majorities may be element of the American people who believe and often are wrong, though it must be con- that woman's proper sphere is in the home, and ceded that the probability of the majority that it must ever be. Still, Minister Wu may being right seems greater than that of the be right and the American people wrong. single member of the minority being so. At the same time, the majority is not necessarily An interesting suit has recently been decided right. As every man in the jury box is ex- in the Supreme Court involving questions of pected to listen and to think for himself, it importance to the mercantile community refollows that he is derelict in his duty if he specting the law of libel. The case was that does not do so, irrespective of any conclu- of " Edward Payson Critcher v. William E. sions reached by his associates.
Bishop and the New York Bureau of Information,” which was tried in New York city before
Hon. W. S. Andrews and a jury. It seems Wu Ting-fang, the Chinese Minister, is that the New York Bureau of Information (of nothing if not original. He attended the ban- which William E. Bishop is secretary) is a quet of the Washington College of Law in the corporation organized for the purpose of furnational capital not long ago, and took occasion nishing to a limited number of subscribers, to pay his respects to American womanhood composed principally of financial and comin the course of his response to the toast mercial houses, information respecting fraudu“The American Woman.” He confessed that | lent and swindling advertising and charitable his opinion of womanhood had undergone a schemes. In August last an inquiry came to radical change since the time he first came the bureau from one of its regular subscribers here as the representative of his country. He asking information in regard to one Edward had no hesitation in declaring that women, Payson Critcher, who was soliciting advertiseAmerican women, in eloquence and intellect, ments for a page of the New York Tribune to had demonstrated at least their equality with be devoted to financial and insurance houses. men. He entered a strong and earnest plea Without going to the New York Tribune or in behalf of the admission of women on the making proper investigation the secretary of juries of the various courts of the country, the bureau jumped to the conclusion that this citing a recent case in which the disadvantages must be the same man as one Edward Payson of the present system had been brought home, Weston, a wholly different individual, and a case in which a woman was on trial charged thereupon sent out to all the subscribers of with the crime of murder. This woman was, the bureau one of its regular printed reports he believed from the evidence adduced on the or circulars marked “ Confidential ” and contrial, guilty of the crime charged, yet because taining the following: “A man giving the she had the advantage of eminent and learned name of Edward Payson Critcher is soliciting counsel and because she was young and attrac- for subscriptions to a financial page of the tive was allowed to go “scot free.” A jury of New York Tribune.' It is supposed to be a women, he thought, miglit have rendered a 'page set aside for the purpose of advertising