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Permitting a drunken passenger who has been it is equally true that the same state of affairs would removed from a street car for turbulence and assault apply in any proceeding against an insane defendupon a fellow passenger, to return to and remain ant on any other kind of contract or liability. The upon the car although his turbulence continues, is court holds that as marriage is a civil contract held, in United Railways & E. Co. v. State, Deane the decree for divorce should be issued. ([Md.], 54 L. R. A. 942), to render the street car company liable for injuries inflicted by him upon

A novel holding has been made by the Supreme a passenger.

Court of Rhode Island in the case of O'Rourke v.

Hancock Mutual Life Ins. Co. (50 Atlantic ReA man's heirs-at-law are held, in Tyler v. Aspin-porter, 834). In this case insurance was taken out wall ([Conn.] 54 L. R. A. 758), to have no right to by a fifteen year old boy. Certain false answers maintain a suit to set aside a fraudulent divorce, were made to questions made warranties by the from a third person, of a woman whom he after- terms of the policy. The court holds that the wards attempted to marry, for the purpose of de- insured, being an infant, is not bound by his warfeating her claims upon his estate, where they were ranties, and that, while a plea of infancy is ordinot parties to the divorce proceedings and had no narily a privilege personal to the infant, a benefiinterest therein.

ciary in a policy on the life of the infant may plead A payee of a promissory note, who sells it to it in answer to the company's defense of false waran innocent third person, and afterwards repurchases ranties in the application. it for value, is held, in Andrews v. Robertson

Noon comes at 11.27 o'clock legal standard time ([Wis.], 54 L. R. A., 673), to have no better right in Akron, Ohio, according to a decision just handed as against the maker than he possessed in the first down by the Supreme Court of that State. Thomas instance. The rights of the payee of a note after Meyer took out a fire insurance policy on his saloon repurchasing it from a bona fide holder are con- at 11.30 o'clock standard time four years ago, the sidered in a note to this case.

policy being dated noon of that day. At the very A statute prohibiting the letting of public print- minute he was getting the policy the saloon caught

fire and was burned. ing to papers which have been established less than

Ohio law makes standard a year is held, in Van Harlington v. Doyle ([Cal.], time legal time and the company refused to pay the 54, L. R. A., 771), to violate constitutional pro

$2,000 insurance on Meyer's saloon. The case was visions that all laws of a general nature shall have fought through to the Supreme Court, which has

decided that noon” means the time the sun a uniform operation, and that no citizen shall be granted privileges which upon the same terms shall passes the meridian at Akron, which is at 11.27

o'clock standard time. The court ordered the innot be granted to all citizens.

surance company to pay. The conviction of a person of a crime which the Constitution requires shall be tried by a jury of

Application has been made by the attorney general twelve, though nine jurors concurring may render of the State of Wisconsin for leave to bring an a verdict, is held, in State v. Ned ([La.] 54 L. R. A. action in the Supreme Court to enjoin the de933), not to be a legal conviction, though twelve struction, by the receiver, in accordance with an jurors were physically present during the trial, and order of the Federal Court, of a railroad lying all concurred in a verdict of guilty, is one of the wholly within the State. Permission to bring such jurors was in a drunken condition during the trial. action was granted by the Supreme Court (In re

Attorney General, 88 Northwestern Reporter, 912). The question whether a decree for divorce will The court says that the question of the jurisdiction be given against an insane defendant is considered of the Federal Court to order the destruction of a in the case of Harrigan v. Harrigan (67 Pacific Re- public highway in the State is one which requires porter, 506). Divorce is asked on the ground of mature deliberation, and has ordered that the attordesertion for more than one year, and it appears ney general be granted leave to commence his action that the defendant did not become insane until and that the receiver be ordered to desist from tearafter the expiration of this year. The court points ing up the railroad pending such action. The court out that sentence will not be passed upon one who further states that they entertain the highest respect is so unfortunate as to have lost his reason, and for the Federal Court; that they have no intention who is unable, therefore, to establish his innocence, of interfering with its jurisdiction; that they do not but makes a distinction between civil and criminal doubt but what the Federal Court will cheerfully cases. While it is true that defendant may not be recognize that the questions involved should be able, by reason of his insanity, to present some carefully considered; and that the status quo will fact or defense known only to himself while sane, not be changed in the meantime. But while entertaining this belief, it is due to the dignity of silk purses which are borne before the lord chancelthis court to say that, whatever be the attitude lors of England and Ireland were till very recently of the Federal Court, this court will not hesitate used for one year only. New ones were provided to examine and decide such questions in its own yearly, and the disused ones became the property way, and will, if necessary, preserve the status quo of the lord chancellor. A “cheese-paring" treasby the exercise of the powers granted to it by the ury, however, has now insisted that the purse of constitution and the laws."

the lord chancellor should not be replaced till it has

becomie worn out or tarnished, and, accordingly, The question as to who has the better right to

disused purses are not so numerous in the houses select the place of burial of a deceased person, as

of the holders of the great seal as in former times. between the wife and children and the brothers and sisters, is considered by the Court of Appeals Mr. R. Newton Crane, who has been appointed of Kentucky in the case of Neighbors v. Neighbors lionorary counsel in London to the St. Louis (65 Southwestern Reporter, 607). . The court holds World's Fair, was born in New Jersey, but comthat the current of authority is to the effect that pleted his training at the Wesleyan University, Conthere is not a property ight to a dead body in a necticut. He was first a journalist, and edited pacommercial sense, but that there is a right to bury pers in Newark and St. Louis. President Grant it which the courts will recognize and protect. appointed Mr. Crane United States consul at ManThis includes the right to select a place of burial chester in 1874. He lield the consularship for four and to change it at pleasure, and in the absence of years. Resigning in 1878, he went again to St. testamentary disposition of the body this right | Louis, and, being admitted to the bar in 1881, he belongs to the next of kin. At the conclusion practiced as a member of the firm of Pattison & of the opinion the court cites many interesting Crane. Mr. Crane went to England in 1885, and authorities. In addition, we desire to call attention was called by the Middle Temple in 1894. to the case of Enos v. Snyder (63 Pacific Reporter, 110), where the court holds that a man has no property in his body for the purpose of disposing

Humorous Side of the Law. of it by will, and that the custody of a corpse belongs to the next of kin as against the executor. Many a man complains dat he can't git jestice,”

says a colored philosopher. “But ef he seen jestice

comin' down de big road he'd take ter de woods English Notes.

wusser'n a jack rabbit.”— Atlanta Constitution.

The efforts on the part of members of the house Sir J. Rose Innes, the new chief justice of the to pin one another down to direct answers reminded Transvaal bench, has arrived at Pretoria to take up | Representative Capron, of Rhode Island his duties.

the best story tellers in the house, by the way - of Mr. Joseph Brown, K. C., has attained his ninety

an experience in the last compaign. Mr. Capron third year, having been born on the 4th of April,

was very much bothered while making a speech by 1809. The venerable gentleman is the ordest of king's

a man in the audience, who insisted on asking quescounsel. He was taken seriously ill shortly aiter tions to which he demanded either “yes" or

for an answer. his birthday last year, and has been confined to his bed ever since.

But there are some questions," finally remarked

Mr. Capron, " which cannot be answered by 'yes' A writer in the Strand Magazine relates that “the or 'no.'” frugal wife of Lord Chancellor Hardwicke in the “I should like to hear one,” scornfully comeighteenth century collected enough lord chancel- mented his annoyer. lor's purses, during her husband's long tenure of the “Well," said Mr. Capron, “I think I can prove seals, to furnish a complete set of hangings for her it. Have you quit beating your wife? Answer state bed.” The late Right Hon. Sir Maziere Brady, 'yes' or 'no.'” who was lord chancellor of Ireland three times, The crowd saw at once that Mr. Capron had the from 1846 till 1852, from 1853 till 1858, and from man in a trap. If he said “yes," it was a confes1859 till 1866, utilized the lord chancellor's purses sion that he had been beating his wise; if he said which became his annual perquisites during his “ 10," it was an admission that he was still indulgperiod of office, which extended in all over eighteen ing in the pastime. years, by converting them into magnificently up- “Yes” or “no,” shouted everybody in the hall, holstered hangings for the backs of his dining- and in the midst of the confusion the man made room chairs. The beautifully embroidered crimson his escape.- Washington Post.

one of



the court refused to charge that it is not

always negligence as matter of law for a perA Monthly Record of the Law and the Lawyers.

son to get upon a street car while it is in Publlohed by THE ALBANT LAW JOURNAL COMPÁNY, Albany, N y. motion, so that even if the plaintiff boarded or

Contributions, items of news about courts, judges and lawyers' attempted to board the car while in motion queries or comments, criticisms on various law questions, addresses the jury might still find in his favor.” Justice on legal topics, or discussions on questions of timely interest, are solicited from members of the bar and those interested in legal Patterson, after quoting several cases to the proceedings.

effect that ordinarily it is perfectly safe to get (All communications intended for the Editor should be addressed olmply to the Editor of THE ALBANY Law Journal. All letters upon a street car moving slowly, continues: relating to advertisements, subscriptions or other business matters “In those cases the court seems to give effect sbonld be addressed to THE ALBANY LAW JOURNAL COMPANY.] to that which is patent to the observation of

Subscription price. Three Dollars per annum, in advance. Single every one in a large city, that persons frenumber, Twenty-five Cents.

quently enter upon a street car while it is ALBANY, N. Y., JUNE, 1902.

moving slowly. The act may be a negligent

one or an imprudent one, but it is not necesCurrent Topics,

sarily so in contemplation of law. In this case “Is it negligence, per se, for a person to the trial judge started with a proposition board a slowly-moving street car?” is a ques

which was controlling of the whole case, tion which was recently decided in the nega- which was stated as a rule of law, and which, tive by the Supreme Court, Appellate Division, when it was proved that the plaintiff entered First District, this State. The plaintiff in the upon a moving car, fixed in the minds of the case was Jacob Lobsenz, who sued the Metro-jury that that act in and of itself was what the politan Street Railway Company for damages law declared to be imprudent, and, for the due to injuries sustained by him while at- purposes of his case, a negligent act.” tempting to board one of the defendant's cars at Thirty-First street and Third avenue, New York city.

As illustrative of the infinite variety of Lobsenz testified on the trial that he sig- questions which the courts are compelled to naled to the motorman to stop, and when the pass upon, that of Festerazzi v. Church, recar had practically come to a standstill — or, cently, decided by the Supreme Court of Ala


bama, is peculiarly interesting. as he expressed it, was moving" at a snail's pace”— and he had one foot on the step of

decedent had provided for a bequest to a the rear platform, the car suddenly darted church, to be used for solemn masses “ for ahead, throwing him to the ground. The jury

the repose of the soul.” The court held the found a verdict against the plaintiff. A re

bequest invalid, not being a direct bequest

to the church for its general uses, nor creating versal of the judgment for the railroad was ordered by the Appellate Division, because a valid charitable use, nor creating a valid the trial court charged a proposition of law private trust for the want of a living benefiapplicable to steam railroads, but not to street

ciary. The case will be found in 18 Southern railways in cities. The trial judge said in his

Reporter, 394. charge that “the usual invitation to us to get aboard of a public vehicle is that it stops, and THE ALBANY LAW JOURNAL has received in all ordinary cases to get aboard of a mov- from the secretary, Mr. Frederick E. Wading public vehicle is imprudent.” Justice hams, a copy of the proceedings of the 25th Patterson, for the appellate tribunal, says: annual meeting of the New York State Bar “The trial judge stated as a matter of law in Association, held at Albany, January 21-22, all ordinary cases to get aboard or attempt 1902. It makes a handsome volume of some to get aboard of a moving public vehicle is 566 pages, and is embellished with half-tone imprudent, which was used as a synonym or portraits of the retiring president, Wm. B. substituted and equivalent word for neglect. Hornblower, of Jules Cambon, French amThis seems to be apparent from the fact that bassador, who delivered the annual address

Vol. 64.- No. 6.


on “The Relations of Diplomacy to the De- it came from the cow, which was deficient in velopment of International Law;" and of the fat. Thereupon the vendor was summoned Hon. James J. Beck, assistant attorney- and convicted, and upon appeal that convicgeneral of the United States, who, at the same tion was upheld, Mr. Justice Darling dissentmeeting, spoke on the live topic of “The ing. It was not suggested that the milk was Suppression of Anarchy.” The volume unfit for human consumption, but, owing to throughout shows the painstaking care of a long interval between the morning milking Secretary Wadhams. It has all the old feat- and when the milk in question was taken, the ures and several new ones, including a com- fat had been absorbed in the cow. This milk plete list of papers read at the annual meet- was undoubtedly new, and it was cows' milk, ings since the organization of the association. but it would now seem that when a purchaser deThe transactions are becoming more and mands new cows' milk, he also must be taken to more valuable each year and some of them demand milk with a certain percentage of fat. are already out of print.

Unfortunately, owing to the inability of the animal to give a written warranty, the vendor

cannot crave the protection of section 25 of The Massachusetts law provides that a the Food and Drugs Act, 1875. If a warcustomer can recover money paid to a broker ranty could be otherwise given, we might with which to purchase stock upon margin, perhaps have the edifying spectacle of a fine provided the broker had reason to believe that inflicted on the cow under section 20 (6) of the the purchaser had no intention of actually act of 1899. purchasing stock. It therefore became the custom for the brokers to actually purchase

We publish elsewhere in this issue a notable stock, requiring the customer to pay but a paper on "Voting Trusts in Reorganizing portion of the purchase money, and furnish- Corporations, and for Other Purposes," by ing the balance themselves, the certificates the Hon. Robert L. Cutting, of New York being delivered to the brokers with a written city. This is one of the phazes of modern transfer thereof in blank, signed by the own- corporation law which possesses a practical, ers. The certificates were often pledged as every-day interest, not merely for lawyers, but security for money borrowed by the brokers for business men and financiers. The essay to raise the balance required to purchase bears every evidence of having been carefully them. In the case of Chase v. City of Boston prepared; it will be found to contain a large (62 Northeastern Reporter, 1059), the plaint- amount of good corporation law and will go iffs were taxed as the owners of certain stock far to elucidate a subject somewhat shrouded held in this way, and sought to be relieved in mystery to the general practitioner. Mr. from paying the tax on the ground that they Cutting is entitled to the thanks of the prowere simply pledgees of the same. The court fession and the public for having given so decides that the broker is the owner of the much time and research to the preparation of stock, for he is not bound generally to keep this essay, which we confidently commend to the stock of any one customer distinct, but the profession at large. has the right to take a single certificate in his own name for several customers, and has the power to pledge the whole to a bank for Third Assistant Postmaster-General Madden advances.

appears to be making herculean efforts to be classed as the watch dog of the post-office de

partment. He is anderstood to have been The recent decision of the majority of the engaged for some time past in a "still hunt” English Divisional Court in Smithies v. for those publishers who systematically violate Bridge is regarded by our London contempo- or evade the post-office regulations regarding rary, the Law Times, as quite Gilbertian in the mailing of second and third class matter at its way. It records the fact that a purchaser, pound rates. This has long been known as having asked for new milk, received milk as one of the greatest abuses of the department,


the point at which the greatest “ leaks” occur, warmly advocated by a number of the delethe leaks which are mainly responsible for the gates. The Pan-American conference took the heavy deficiency in revenue. THE ALBANY question up at the stage at which it had been LAW JOURNAL has had these facts brought left at The Hague, and, after careful deliberaforcibly to its attention through a recent tion, the nations of the new world bound ruling, in a matter in which it was in themselves to submit to arbitration a specific terested. While we have no special fault class of legal claims as to which there might to find with this decision, at the

decision, at the same be dispute between them. Thus the way is time desire to embrace this oppor- opened, sliould the experiment prove successtunity to direct the attention of the vigilant ful, for widening the scope of arbitration in third assistant to the fact that there is plenty the public affairs of the world. As to the inof work ahead of him yet; that there should ception of the movement that aims at subjectbe no favoritism shown, that a small, weak ing the nations of the world to the dominion publisher is entitled to the same consideration of law, Mr. Taylor says: as a rich and powerful one; that the axe should

“Not until the ancient and imposing theory of a be swung to the line, let the chips fall where common and irresistible superior, as embodied in the they may. We have deemed it our duty to Mediæval Empire, was wrecked by the Reformation, bring before the assistant postmaster-general did the emancipated nationalties, which had crouched the facts of one notorious case which has come

so long at its feet, begin to realize, first, that each

state or nation is sovereign and independent, and within our knowledge, and we cherish the be

as such co-equal with all the rest; second, that terlief that he will deal with it as it deserves. It ritory and jurisdiction are co-extensive. After the will be time enough to make public the facts establishment of that common basis of equality, the when he has neglected or refused to act. Con- difficulty that remained was how to subject sovereign sistency is so precious a jewel that one does states, through their own volition, to the yoke of

legality. No more novel or difficult problem was not expect to find it in all the walks of life, but

ever presented for solution than that which conin the conduct and management of govern-fronted the publicists of the sixteenth and sevenmental affairs it is not unreasonable to hope teenth centuries, when they were called upon to for it. Do not, Mr. Third Assistant Post- furnish rules adequate, by virtue of their intrinsic master-General, make fish of one and flesh of weight and dignity, to compel the obedience of the another.

freshly emancipated European nationalities, without the coercive force of any recognized central authority.

From that day to this, the jurists and statesmen of Hannis Taylor, whose latest work, “ Inter- the world have been striving to complete the vague national Law,” has been received with much and imperfect result then reached, by the establish

ment of some kind of an international tribunal to be favor, is the author of an article on Inter

armed with the power to define the existing system national Arbitration and the Pan-American of international rules, and to enforce them against Conference,” in a recent number of the North the refractory, through some kind of pressure, moral American Review. Mr. Taylor's object is to or legal.” show how the cause of international arbi

VOTING TRUSTS IN RE-ORGANIZING COR. tration has been forwarded by the agreements

PORATIONS AND FOR OTHER PURPOSES. made between the American nations which were represented at the recent conyention in The growth and development of modern inthe city of Mexico. He gives a very interest- dustry is largely due to the corporate form into ing account of the development of the idea of which the agencies of production and distribution arbitration and its practical application in the are cast. settlement of international disputes, and re- corporations that lies the power of our so-called

Naturally enough, it is in controlling these vast views in detail the discussions and conclusions

captains of industry.” But, plainly, such control of the congress at The Hague upon the sub- would be far beyond even their means, did it deject. These conclusions, he points out, came pend on the actual ownership of the shares of these short of providing for obligatory arbitration corporations,

While it has, in many cases, been sufficient to for any description of disputes, although rely on the proxies of friends and of the stockobligatory arbitration in certain cases was holders generally for this purpose, there have been

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