important. Mr. Kearful, its author, shows a broad comprehension of the subject, and seems to have covered fully all questions that may arise in connection therewith. As the latest views of a recognized authority, the contribution is of great weight. Other articles in the same volume are "Appearances," by W. A. Martin, of the Missouri bar; 'Apprentices," edited by Roger Foster, of the Yale University Law School; “Army and Navy," edited by Henry A. Sharpe, of the Supreme Court of Alabama; Arrest," by John C. Myers, of the Memphis bar; Arson," by Edmund Burke, of the Minnesota bar; "Assault and Battery," by James Beck Clark, of the New York bar; and a valuable collection of words and phrases, by Howard P. Nash, of the Massachusetts and New York bars.

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Before leaving the subject we should like especially to commend the plan whereby important articles, after being drafted by experienced staff writers, receive their final correction and revision by the most eminent lawyers and judges in the country. Few, if any, of our leading practitioners and judges could afford the time to write a treatise on, say, "Appeal and Error," nevertheless the careful revision by an authority so eminent as Judge Clark, Judge Seymour D. Thompson, Judge Dillon, ex-Governor Hoadley and others, adds appreciably additional weight to the value of the work. We most fully indorse the plan of the editors, as outlined in their preface, “and, ad majorem cautelam. in addition to the work of the regular corps of editors, it is proposed that many of the articles shall be written or examined and approved by men of marked learning and skill in the particular subjects edited by them."

Code of Civil Procedure. Pocket Edition.

the office of the secretary of State. After each section is given a note of the origin of the section, showing whether the section was taken from the old Code of Procedure or from the Revised Statutes, and a concise and clear reference to such source or origin. If any section of the Code has been amended or repealed and a new section added such information is given in a concise yet ample foot note, which allows the lawyer to gather from a short note the various changes, repeals, or additions which have been made to each section of the Code since its enactment in 1876. This feature of the work has, so far as we know, never been so fully and scientifically presented to the profession. Under each section amended by the laws of 1902 the reviser has added a foot note stating when said amendment takes effect. The importance of this needs no explanation.

A note is also in many cases given to a statute or other section of the Code or of the Constitution of this State, which will be of particular value and interest. Particular care has been taken to give concise reference to the rules of the Court of Appeals, Appellate Division and Supreme Court. Reference has also been made to the Consolidation Act and to the Greater New York Charter, to the charter of the cities of the second class and to such statutes as might in any way bear upon the particular section to which the note is added. All this has been accomplished without adding materially to the bulk of the work.

Part II. Index. No part of a pocket edition, of the Code is so essential and valuable as the index. The index has been very carefully compiled so as to at once aid the lawyer to find the point he is searching for and at the same time allow him to By use this work with a familiarity such as he has not Revised felt with any edition he has formerly used. To Albany: this end the index has been enlarged to the utmost, and headings were selected which have been used in every edition of any Code yet published. If any such heading has not been thought proper for placing subheadings under, a cross reference has been given to one or more headings under which the subjects of the Code have been set out with references to the various sections of the Code.

Amasa J. Parker, Jr., of Albany, N. Y. by Albert J. Danaher, of Albany, N. Y. Banks & Company, 1902. This is the most concise and complete Pocket Code that has been published, and contains within the briefest space, the greatest amount of scientifically arranged matter that has been presented to the legal profession. To give a proper idea of the contents it might be divided into three parts:

Part I. The Code. This part contains a most carefully compared and compiled arrangement of the sections of the Code of Civil Procedure with all amendments to and including all the amendments of 1902. The greatest care has been taken to produce each section of the Code in the precise language of the statute, with a marginal or foot note of every error or mistake of language used in the original law, and this endeavor of the reviser has been thoroughly satisfied in many cases by careful comparison with the original law as filed in

Part III. Citations.— Instead of arranging the citations after each section, a separate part of the work has been taken, where, after the number of each section is given a reference to the title of each case, together with the number of the volume and page of the leading cases of each official report published since the Code was enacted in 1876. To add still more to the great value of this part there is added after the number of the report and page a reference to any other report where the same case is reported. Reference is given to The State

Dorothy Vernon, of Haddon Hall. By Charles Major. New York: The Macmillan Company, 1902.

Reporter, The New York Supplement, Civil Pro- exotic of rarest beauty, certain to give exquisite cedure Reports, Demarest's Reports, Abbott's Prac-pleasure to every reader of cultured fancy. No one tice Reports, Howard's Practice Reports, the New save the author of "The Cardinal's Snuff Box" York Weekly Digest, Jones and Spencer, and, in could have written it. fact, to all reports of the State where the case has been reported to which reference may be desired. Every effort has been made to make this part of the work concise, clear, and yet with full references to all leading cases of the official reports construing the various sections of the Code. It is only because of the concise arrangement of this part of the work that it can be embraced in this Pocket Edition of the Code. Mr. Danaher has evidently performed his work of revision with great care. We cheerfully recommend this edition of the Code to the profession as superior to any other that has

come to our notice.

In "Dorothy Vernon," the author of that popular romance, "When Knighthood Was in Flower," His latest work has duplicated his first success. makes the same direct and forceful appeal to the It gives a splendid innate love of the romantic. picture of wilful womanhood and strong manhood, of that fascinating love that never does run smooth, but that somehow manages to emerge triumphant over all obstacles. As in the first work, romance is the thing; the setting is historical, carrying us

The Lady Paramount. By Henry Harland. New back to the Elizabethan period, but the play of

York: John Lane, 1902.

The clever author of "The Cardinal's Snuff Box" has performed the difficult feat of equalling his previous success, in "The Lady Paramount." Readers of the first-named romance would have declared it next to impossible even for Mr. Harland to produce another quite as dainty or so exquisitely

told. In our opinion he has done it. While resem

bling its delightful predecessor in nothing but its admirable literary quality characters, plot, time, surroundings being all new-"The Lady Paramount" is quite as dainty, quite as charming, quite as brilliant. The story is simple. An Italian countess, whose inheritance has come to her branch of the family by a revolution in the days when Italy | was struggling for national unity, resolves, on attaining her majority, to find her cousin, the last descendant of the dethroned elder branch, to let

him know her under an assumed name, to make

him fall in love with her, if she can, and to love him in return, that she may give back to him the inheritance that is his by right in her eyes. She finds him in the English country in the month of June; she succeeds in her plan, then proposes that he shall marry this unknown cousin of his who is the countess of the little principality. She sends him south, that he may see what he will lose by marrying her, who pretends to be a rich nobody, and follows to bring the intrigue to its satisfactory conclusion.

This simple theme Mr. Harland has developed as perhaps no other living writer could have developed it. The heroine is perfectly adorable; she succeeds in managing everything - her cousin included

with rare skill, tact, firmness, and withal fine womanliness. The dialogue fairly scintillates with brilliancy, wit and delicate, whimsical humor. The book is simply perfect of its kind- an Italian

passion is no different from what it is in these later days. Dorothy is not a historical figure, as was the wilful maiden of the first work, but she

is none the less interesting or fascinating for that, none the less steadfast in her love of the man of her choice, none the less ready to risk all for his sake. We are told that the elopement of Dorothy

Vernon with John Manners is an historic episode and that Haddon Hall belongs to this day to their

descendants, the Dukes of Rutland. There are in the story many strong scenes and not a few exquisite touches that prove Mr. Major's genius in depicting character. Opinions, perhaps, may differ as to whether Dorothy Vernon is as well drawn as the heroine of the earlier work, but there can be no question as to the art, as to the literary quality of the book. It is a fascinating story that is sure to make a strong appeal to the popular

imagination and to add to the author's fame as
a romanticist of high gifts.

The Leopard's Spots. A Story. of the White Man's
Burden, 1865-1900. By Thomas Dixon, Jr. New
York: Doubleday, Page & Co., 1902.

There are those, perhaps, who will find fault with the "literary quality" of Mr. Dixon's popular novel of the reconstruction period; there are none, however, who will fail to feel its enthralment as a story. Despite obvious defects in construction, Mr. Dixon's work possesses that indefinable quality which compels the interest from opening to closing chapter. It gives in the form of fiction and excellent fiction, too - a dramatic resume of events during the tragic early days after the war, in North Carolina, where ignorance and license of negro rule prevailed. It is a novel with a purpose, that purpose being stern insistence upon the necessity of white men's rule in the south, and the complete separation of the races. It gives many remarkably vivid pic

tures of the dark days whose horrors were only less fearful than those of the war itself; gives as it has never been given before; the story of the racial struggle now in progress in this country - a struggle that can only end in the supremacy of the Anglo-Saxon. There are many tales of arson, lynching, Ku-Klux avengers, all told without flinching; and there are also many touches of fine humor, together with a love theme that touches the heart and moistens the eye. "The Leopard's Spots" is a splendid story that every American, especially every Northern Ameri- ; can, should read. It will cause some realization of the white men's burden in the south, to say nothing of the load he and his children will be compelled to carry in our new insular possessions. Mr. Dixon even intimates that the education of the blacks will not solve the problem, but rather intensify it by putting the inferior race in a position above his true station and beyond his natural abilities. Read this virile story, patriotic American - read and ponder! The Conqueror. By Gertrude Atherton. New

by

days, his daughter Angelica, who, when her father
was shot by Aaron Burr, became hopelessly insane,
and Mrs. Croix, or Mme. Jumel as she afterwards
became. Mme. Jumel may be said to have almost
dominated Hamilton's life. It is in many respects
one of the most notable books of the year, and is
certain to command a wide and careful reading.
The Decoy. By Francis Dana. New York: John
Lane, 1902.

The scene of "The Decoy" is laid in New England, and the novel takes its title from the heroine who, just after her graduation from the village high school with her head filled with high notions, becomes a decoy for an old fortune teller or spiritist. Her strange infatuation for this sort of life and her flouting of the love of honest Farmer Bowman are well described. There is some excellent descriptive writing in "The Decoy," and the author's style is attractive. Though not in any sense a great book, "The Decoy" is agreeable reading.

Literary Notes.

Little, Brown & Co., of Boston, have just completed the publication of a subscription edition of the works of Samuel Lover, Treasure Trove Edition, 10 volumes.

Miss Lilian Whiting, author of "The World Beautiful in Books," etc., is making a prolonged visit to Washington, D. C., where she is the recipient of much attention in literary circles.

York: The Macmillan Company, 1902. This book, whose sub-title is "The True and Romantic Story of Alexander Hamilton" is somewhat difficult to classify. It is not fiction, although described as a novel; neither is it history, although a great deal of historical matter is contained in it. The talented author, in her preface, tells us that she began with the intention of making the work purely historical, but that the novelist's instinct finally prevailed and it almost unconsciously took the form of fiction. These remarks are intended in nowise to disparage the work Mrs. Atherton has done. In many respects it is a remarkable work. Mrs. Ather- The Saturday Evening Post (Philadelphia) anton not only read deeply in preparation for the self-nounces for early publication one of the chief literimposed task, but she made much original investi- ary prizes of the year a short serial by Mr. gation, paying a visit to Hamilton's birthplace, the Gilbert Parker, author of "The Right of Way." Island of Nevis, in the West Indies, where she prosecuted researches as to his parentage and early life, with a result of dissipating not a few of the myths that have crystallized around his memory. All this, together with the placing of family records at her disposal, has enabled Mrs. Atherton to draw

such a picture of the great American statesman in his family life as has never before been possible.

Of the thirty most popular books for the month of March in the World's Work report from the booksellers and librarians of the eighteen largest cities in the United States, twelve per cent are published by The Macmillan Company; and the same percentage for the same publishers was shown in the report from the librarians of New York State

for the past year.

Scenes in detail between Jefferson and Hamilton in the cabinet add a startling reality to the facts Now that McClure, Phillips & Co. have acquired as they have hitherto been known, and Washington the rights of "A Gentleman from Indiana," they plays his share as a naturally important figure are the publishers of all Booth Tarkington's works. among the rest. Among the four women who "Monsieur Beaucaire," which is following its precame into Hamilton's life, it is with his remarkable decessor closely in sales, having now reached the mother, and to the peculiar circumstances of Ham-75,000 mark, was a McClure-Phillips book from ilton's birth Mrs. Atherton opens. The other three the start. The same firm will publish his new novel women whose influence is felt throughout the book which is soon to commence serially in McClure's are his wife, Elizabeth Schuyler, one of the most Magazine. This last is a story of Indiana life at notable girls and famous belles of revolutionary the time of the Mexican War.

Haddon Hall, the scene of Mr. Major's new A series which should have been named "The novel, "Dorothy Vernon," is one of the oldest feudal dwellings in Great Britain. It owes its preservation to the fact that fortune has sent it masters who were statesmen rather than warriors. It belonged first to William Peveril, son of William the Conqueror, and each successive owner since that date has cherished the building.

Thomas Dixon, Jr., author of The Leopard's Spots," who is understood not to be wholly in favor of the Tuskegee plan of educating the negro, claims to have discovered the curious fact in reading the daily papers of the south issued in 1865 that every word of the platform of Booker T. Washington's plan of negro education can be found in the speeches of the Confederate generals to the negroes when they returned from the war.

Edward Everett Hale, whose eightieth birthday anniversary was the occasion of a fitting testimonial

Enchantments of our Modern Aladdins," if considered solely from the point of view of romance, is begun in the May Cosmopolitan. But these sketches possess as well a business interest equally for clerk and capitalist, for manufacturer, farmer and merchant. The man who would understand the drift of our news in finance and business must read these lives, so full of incident, of chance, of

hard labor and marvelous success. As it is, the series receives only the commonplace name of Captains of Industry." Each character is treated by a noted writer familiar with the subject.

Little, Brown & Co. will issue some time in May a book entitled The Queen of Quelparte," which has its scene laid near Japan shortly after the war between China and that country. Its novel plot, striking incidents and stirring action make it a really remarkable story. The chief motive is a Russian intrigue to throw the Island of Quelparte into the hands of Japan as a sop for the possession of Port Arthur by the Czar, and the efforts of the Chi- . nese, directed by Prince Teuen, to prevent this. "The Queen of Quelparte" is by Archer B. Hulbert, who edited the Korean Independent during the historic struggle, and a great many facts are

woven into this romantic novel.

The following anecdote is told on the authority of

in Boston, April third, is one of New England's the New York Times: Ernest Thompson-Seton — he of animal story telling and converted name fame was describing to a clergyman the other day some of his experiences with various animals, particularly squirrels.

most representative and honored citizens.
To the
country at large he is best known as the author of
"The Man Without a Country," one of the best
lessons in patriotism ever taught.

Over 500,000 copies of this American classic have been sold.

His publishers, Little, Brown & Co., of Boston. recently issued an Edward Everett Hale booklet, giving an outline of his life and principal writings, etc., with several illustrations. A copy of this Looklet will be sent free to any applicant.

The Open-Air number of the Saturday Evening Post (Philadelphia), issued April twenty-fourth, was a very notable special issue. In the opening article ex-President Cleveland writes about his favorite sport, duck hunting; Wm. Marconi, over his own signature, tells of the experiments which led up to the marvelous results already achieved in wireless telegraphy. Among other story features in this number are Arthur E. McFarlane's spirited story, "The Old Fellers Fishin; " a new letter from the self-made merchant to his son; the second part of Paul Latzke's interesting paper on James J. Hill's School for Railroad Presidents; a new installment of Stewart Edward White's "Conjuror's House," and the regular bi-weekly letter by a Congressman's Wife. The Post is unique in its special field.

"It is an astonishing fact," said Mr. Seton, "that I found, after some few tests, that I could attract squirrels, howsoever wild, by singing to them. Whenever I sang they would come out of their holes or down from the trees, and though at first showing some timidity, sit and listen intently and apparently with enjoyment. I remember one day, however, when, after singing them various songs -- rag-time and others I tried Old Hundred' on them. Would you believe it, the instant they heard it they scampered off, nor could I induce them to return that day. And to this day I can't understand why." The clergyman, a far-away look in his eye, suggested briefly:

1888, brought out her novel, What Dreams May the red man and to help him up toward participaCome." This was followed by "Hermia Suydam" tion in the advantages of civilization are the fruit in 1889, Los Cerritos" in 1890, "The Dooms- of much careful reflection. Mr. Garland lays great woman " in 1892, "Before the Gringo Came," 1894; stress upon the importance of instructing the In"A Whirl Asunder," 1895; "Patience Sparhawk dians in practical matters by means of objectand Her Times," 1897, which is her best known lessons. book; "His Fortunate Grace," 1897; "American Wives and English Husbands," 1898; "The Californians," 1898; "A Daughter of the Vine," 1899; "The Valiant Runaways," 1899, and Senator Mental anguish resulting from failure to promptly North," 1900. Her two English novels are The deliver a telegram is held, in Western U. Tel. Co. v. Americans of Maundrell Abbey" and "The Great Ferguson ([Ind.] 54 L. R. A. 846), not to be suffiBlack Oxen." She has just published a study of cient to support an action against the telegraph Alexander Hamilton, entitled "The Conqueror." | company for such failure.

Mrs. Atherton is the widow of George H. Bowen
Atherton, of Menlo Park, Cal.

the author of

A recent experience which "Graustark" tells of himself is sufficiently amusing to bear repetition. Mr. McCutcheon has been in the habit of coming to Chicago once a fortnight, and the employes of the Union depot have come to recognize him without knowing his name. The boy who attends the news-stand several times tried to sell him a copy of his own novel "Graustark," in spite of Mr. McCutcheon's assurance that he had read the book and did not care to buy one. One day, however, the boy being unusually insistent, he took out his fountain pen and inscribed his name and best wishes for whoever should buy the book on the title page. He presented it to the boy with the remark that perhaps the copy was now more valuable than before. The boy, as it happened, did not see it that way, and blazed out at the complacent author in terms not equally polite: "Why don't you sign for Hall Caine or Marie Corelli?" shouted the indignant boy and insisted that his book was ruined, and that Mr. McCutcheon must buy it at once, and to pacify a rapidly gathering crowd, who sided with the boy, the crestfallen celebrity produced the $1.50 necessary for peace.

Legal Notes.

An illegitimate child is held, in Lavigne v. Ligue Des Patriotes ([Mass.] 54 L. R. A. 814), not to be a child or relative of her father, as those words are

used in a statute designating the persons who may be beneficiaries in certificates of mutual benefit associations.

The condemnation of land for a public wharf is held, in Diamond Jo Line Steamers v. Davenport [Ia.], 54 L. R. A., 859), not to be prevented by the fact that it is already in use by a common carrier as a landing place in connection with its business as such carrier.

The publication of a city ordinance in the Sunday edition of a daily newspaper is held, in the case of Knoxville v. Knoxville Water Co. (64 Southwestern Reporter, 1075), to be a valid notice. This case is

in line with the recent decision of the Colorado court on a similar point.

An assault by a street car conductor on a passenger because the latter, after being carried past his station, in order to stop the car pulled the bell rope so hard that he broke it, and jerked the conductor several feet along the car floor, is held, in Birmingham R. & E. Co. v. Baird [Ala.], 54 L. R. A., 752), to render the company liable.

When time is made of the essence of a contract

Hamlin Garland, who has just published a novel entitled "The Captain of the Gray-Horse Troop," for the shipment of oranges under a contract of which is a love story of the western frontier, with sale, acceptance of them when shipped after the exciting adventures among the Indians, contributes stipulated time is held, in Redlands Orange Growto the April number of the North American Reviewers' Asso. v. Gorman ([Mo.] 54 L. R. A. 718), not a strong and thoughtful article on "The Red Man's to waive a right to damages caused by the delay. Present Needs." Mr. Garland has become familiar The recovery for loss of prospective earnings, with the condition of the nation's wards by personal visitation of them. He has wandered over the Rocky mountains in search of material for his tales and novels, and in the course of his journeys he has happened upon twelve or fifteen Indian reservations. The picture he draws in his article of Indian life, therefore, is that of an eye-witness, and the suggestions which he makes as to the practical methods which should be adopted to ameliorate the lot of

awarded because of injury to a vessel by collision, is held, in Mason v. Marine Ins. Co. ([C. C. A. 6th C.] 54 L. R. A. 700), to be within the rule entitling an insurer who has received an abandonment of the vessel to the fund recovered on account of the collision from the vessel in fault; and the fact that the insurance did not cover the full value of the injured vessel will not require the insurer to share such recovery with the owner.