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Terrors of the Law. By Francis Watt. New York: is not anywhere disputed, and the marvelous skill John Lane and Bodley Head.
he displayed in adapting his theories and systems This little book of 130 pages consists of critical to actual conditions in France are equally well and biographical studies, or, as the author prefers known; but the other side of his meteoric career, to call them, “ Portraits” of three eminent English that of gambler, fop, spendthrift, prisoner under lawyers, Lord Chancellor Jeffreys, or the “ bloody sentence of death, exile, wanderer, arbiter of the Jeffreys,” as he was popularly known; Sir George destiny of nations, dictator to the proudest aristocMackenzie, of Rosehaugh, known as “the bluidy racy in Europe, these are not so familiar to the advocate Mackenzie," and Robert Macqueen, “the general public. Law's escape to this country and Weir of Hermiston” of Stevenson's unfinished his romantic adventures in the region of the Great romance. The point of view is human and literary, Lakes are admirably described. The story is writrather than legal; the author has sought to estimate ten in most virile fashion and keeps the interest the influence of these famous men on their times. enchained from the first chapter. From a literary That he has succeeded admirably in his purpose standpoint “one of the best books of the year thus we believe will be the verdict of everyone who far" is the verdict of competent critics. It gives reads these scholarly and delightful essays.
Mr. Hough a higher place than ever before in the
gallery of American fiction writers. The Barrister. Compiled by Charles Frederick
Stansburg. New York: The Mab Press, 1902. In the Country God Forgot. By Frances Charles. This little book consists of anecdotes of the late
Boston: Little, Brown & Co., 1902. Tom Nolan, of the New York bar, who for years This book, written by a young California writer, kept the bench and bar of the metropolis laughing is not easy to classify. It is written in a peculiar over bis bon mots. The author says of him: “In the style, and is by no means perfect in construction, amusing awkwardness of his mind and body and the for even the experienced reader of fiction is often genuine devoutness of his spirit there was that to obliged to turn back the pages to get and keep the remind us of some of the characteristics of old Dr. thread of the story. The scene is laid in the barren, Samuel Johnson.” Mr. Stansburg modestly ex- desolate plains of Arizona. The loneliness and presses regret that the barrister had no Boswell. aridness of the life there is admirably described. This book, which will probably be the nearest The hate of the rich old rancher for his only son is approach to a biography, consists of a somewhat the theme, but there are infinite variations. Though hasty compilation of the stories about Nolan, with the theme is tragic, there is sunshine and humor in some facts relating to his career. It will be found the book, and a simplicity which makes the story an instructive, as well as amusing.
unusual and engrossing one. For a first effort,
which we are told this one is, it may be classed To the End of the Trail. By Frank Lewis Nason. as far above the ordinary. It makes a strong and Boston, Houghton, Mifflin & Co., 1902.
successful appeal to human sympathy, and the This is another successful story of the great West writer shows herself unmistakably a close student by a hitherto unknown author. That Mr. Nason of human nature. “In the Country God Forgot " is is a virile writer is apparent before one has read a a work of performance, as well as promise. page of his story. Albeit, there is a trifle too much blasphemy to suit the average reader. The action The Rustler. By Frances McElrath. New York: of the story passes in a mining camp in Colorado,
Funk & Wagnalls Co., 1902. and the principal characters are Herbert Ingalls, a Here we have still another stirring story of the sheep herder, and a pretty able sort of tramp whom great West, a novel founded on the “Rustler war" he engages as herder. Ingalls gets the “mining in Wyoming of a few years ago. Jim, the hero, fever" and is thoroughly fleeced by a gang of cut- is a “cattle puncher” in whom there were great throats, buying worthless property, gambling, mort- possibilities for good had they not been destroyed gaging his land, and losing his wife, all through his ' by the coquetry of a vain woman, Hazel Clifford, insatiable desire for gold. Some of the minor char- a cultivated Easterner, who, as
a guest of the acters give the story a grim humor, particularly the ranch owner, crossed Jim's path. She deliberately wise old German who speaks in parables. The compels him to fall in love with her, and then as story is well constructed, thoroughly entertaining deliberately fouts him, whereupon he goes to the and written with a rare vigor and grasp.
bad very promptly, and begins a downward career
as a “rustler," i. e., a brander of other people's The Mississippi Bubble. By Emerson Hough. cattle on his own account. The story is well Indianapolis: The Bowen-Merrill Co., 1902.
developed, particularly the latter portion in which We regard this novel as far and away the best Hazel undergoes a change of character due to piece of literary work that has yet come from Mr. remorse and becomes a thoroughly regenerating Hough's busy pen. In it he has made skilful use influence in the camp. There are in the story deft of the remarkable career of John Law, of Lauriston, touches of pathos, genuine humor and rugged reala career which, in truth, is stranger than any fiction. ism. It will be found entertaining, uplifting and That Law was a financial genius of the first order full of human interest throughout.
Upland Game Birds. By Edwin Sandys and in all particulars, it is certain that they are the ideal
Others. American Sportsman's Library. Edited ization of a consummate literary artist. Bret Harte, by Caspar Whitney. New York: The Macmillan of all men, has seen the picturesque life of the early Co., 1902.
mining camps at their most picturesque stage and To the true sportsman this excellent work will in his most receptive period, and has transferred prove a rare delight. The authors have written his sensations to his readers with such shrewd from knowledge and experience of the peculiarities, humor, true pathos and delicate love for nature habits and proper methods of hunting the part
as have been given to no other man who dealt with ridge, grouse, ptarmigan and turkey families, and this turbulent and transitory phase of American
life.- From “Two American Novelists,” in the have added valuable and interesting chapters on the woodcock, the plover, foreign game, the American Monthly Review of Reviews for June. cranes and the mourning dove. T. S. Van Dyke The authorship of “ Little Breeches," written contributes an excellent chapter on The Quail and by Secretary of State John Hay, was frequently the Grouse of the Pacific Coast." The book is attributed to the late Bret Harte, says the New beautifully illustrated by L. A. Fuertes, A. B. Frost, York Times. A young lady once said to him: “I J. O. Nugent and C. L. Bull. It ought to be in the am highly pleased to meet you, Mr. Harte. I have library of every true American sportsman.
read all your poems, but I have enjoyed ‘Little Breeches' the most.”
“ Pardon me, madam,” replied Mr. Harte, “but Literary Notes.
you have put the 'Little Breeches' on the wrong
"Red Saunders ” (McClure, Phillips & Co.),
President Roosevelt said went into a second edition the other day.
speech: “ Our civil war was incomparably the greatW. Clark Russell's new story, “ The Mate of the est of modern times, and its memories are now Good Ship York,” will be published immediately priceless heritages of honor alike to the North and by Messrs. L. C. Page and Company.
to the South.” This is the spirit in which Mr. Wil
liam Sage has written “The Claybornes,” a roLittle, Brown & Co. will bring out a three
mance of the days of ’61. His earlier book, though volume edition of Daniel Webster's hitherto un
his first, won him immediate recognition and collected speeches and writings in the fall.
rapidly went through nine editions. His new novel "A Maid of Bar Harbor," by Henrietta G. will, doubtless, be even more popular. Rowe, will be published by Little, Brown & Co.
More than half a million copies of Mrs. Henry this month. It is a story of Mt. Desert before and
Wood's “ East Lynne," which the Macmillans are after society took possession of the island.
to reissue in sixpenny form, have been sold in The announcement of Cecil Rhodes' bequest for England; the pirated circulation of the novel in the education of American students at Oxford gives America is unknown, although it has been enorspecial point to John Corbin's book “ An American inouis. One of the trans-Atlantic buccaneers had at Oxford,” which Houghton, Mifflin & Co. publish the nerve to change the name of every place or this spring.
person in the book, to give it an American flavor.
The book, which has proved one of the most Little, Brown & Co. will publish this month “In popular novels of the nineteenth century, is soon to the Eagle's Talon,” a romance of the Louisiana be out of copyright. Purchase, by Sheppard Stevens, author of "The Sword of Justice," etc.; also A Girl of Virginia,"
Miss Jane Addam's book on the work of unia love story of the University of Virginia, by Lucy versity settlements, “ Democracy and Social Meacham Thurston, author of “Mistress Brent.” Ethics,” has promptly run into its second edition,
as might have been expected. There is hardly a Jeremiah Curtin, the translator of Sienkiewicz's town of any importance containing districts of poor works, asserts that the historical novel of ancient people and poverty-stricken foreigners which does Egypt, which he has just translated, is from the not contain several groups of men and women batoriginal of a new Polish author, who has written tling with the difficulties which beset our more the greatest novel on Egypt, as “ Quo Vadis ” was helpless classes. Among these workers and also the most powerful novel on ancient Rome. among every person who has given any serious
thought to social problems, Miss Addams' book has While it is true that the works of Bret Harte found prompt reading. She is easily the leader in that are undeniably classic were all produced before
this movement. he was forty, it is also true that the later voluminous productions were excellent, judged by other The newspaper reader who is confused by the standards than his own first efflorescence of genius. clamor over the Philippine situation will find in the And while it may be true that his miners, his Review of Reviews for June an editorial summary gamblers and his women of the camps are not reall of the controversy, written in a calm and judicial
spirit, and emphasizing the vital points in dispute. A contract by a porter placed in charge of a While making no attempt to extenuate any abuses sleeping car, to waive his right of action for injuries that may have developed in connection with our caused by the negligence of any railroad company military administration of the islands, the editor's by which the car is hauled, or of its servants, is conclusion is that our army, has been "more held, in Russell v. Pittsburg, C. C. & St. L. R. Co. humane and more scrupulous in its recognition of ([Ind.), 55 L. R. A. 253), not to be void as against the rules of war than any other military forces under public policy. like conditions have ever been in the history of the world."
A landowner who maintains on his property an
unused building containing a water-wheel is held, As full as usual of timely articles on men and in Ryan v. Towar ([Mich.), 55 L. R. A. 310), to affairs, McClure's for June will perhaps be chiefly be under no obligation to make the premises safe welcomed for the first instalment of Booth Tark- for children who have broken into the building, or ington's new serial, “ The Two Vanrevels." The for one who enters the building to rescue a child author might appropriately have called the new who has been caught and injured by the wheel. novel “The Two Gentlemen from Indiana,” to empliasize the fact that in it he is returning to the medical college to induce attendance at
An infirmary maintained by the proprietors of a
ne college field of his first great success. “The Gentleman
for the instruction and clinical experience received from Indiana,” however, was a story of contem- in an infirmary is held, in Gray Street Infirmary v. porary life, while “ The Two Vanrevels ” harks Louisville ([Ky.), 55 L. R. A. 270), not to be back to the days of the Mexican War. The three exempt from taxation as a purely public charity, opening chapters unfold most alluringly. The story although a great deal of charitable work is done seems to combine all the charms of The Gentle
in it. inan from Indiana ” and Beaucaire," and to add a surer inastery of style of its own.
Justice Miles Beach, of the Supreme Court of serial now running in any other magazine will sur- New York, died at his apartments in the Waldorfpass it in iinportance or popularity.
Astoria on May 19. His fatal illness was reported as diabetes. Justice Beach recently underwent an
operation for the removal of a carbuncle. He was Legal Notes.
born in 1840 and studied law at Troy, of which city he later was mayor.
After a term on the
Common Pleas bench he was elected a Supreme The Hon. Clarence Hale, we are pleased to note, Court judge. has been elevated to the United States district judgeship in Maine.
Removing a tenant and his family from the leased
premises under a judgment of forcible entry and The chief justices of Ontario and Quebec are detainer, on a cold day, at a time when his child is paid £1,400 and £1,200 respectively; the chief visibly broken out with measles, is held, in Bradjustices of New South Wales and Victoria £3,500 shaw v. Frazier ([owa), 55 L. R. A. 258), to be each. In the Canadian provinces the puisne judges
an abuse of legal process, which will render the are paid £1,400, in Victoria £3,000 annually.
landlord liable for the injurious consequences to One who loans money with the understanding the child. that it shall be used in gambling, or who participates in the gambling transaction thus promoted by his
Joseph N. Barker, the oldest practicing lawyer of act, is held, in Appleton v. Maxwell ([N. M.), 55 Chicago, died oi Bright's disease Tuesday, May
Mr. Barker was L. R. A. 93), to have no right to recover in a suit 13th, aged seventy-eight years. for the money loaned or advanced.
born in Augusta, Ky., and had been a resident of
Chicago since 1845. He began to practice law Governor Crane, of Massachusetts, has ap- two years later and continued in his profession pointed the following judges for the Superior until two weeks ago, the firm being Barker, Court: C. H. De Courey, of Lawrence; Robert 0. Church & Shepard. Harris, of East Bridgewater; Lemuel Le Baron Holmes, of New Bedford, and William C. Wait,
The Supreme Court of the United States has just of Medford, the later succeeding the late Judge handed down its decision in the case of Detroit v. Hopkins.
Detroit Citizens' St. Ry. Co. (22 Supreme Court
Reporter, 411), in which it decides against the right A Code provision that the masculine includes all of the city to reduce from five cents to three cents genders except where such construction would be the fare to be charged by the street car companies absurd or unreasonable is held, in Re Maddox of that city. The court halds that the ordinances ([Md.), 55 L. R. A. 298), not to entitle a woman granting the street railway franchises and the acts to admission to the bar under the provision that which govern the granting of these franchises do "any male citizen " having certain qualifications not give to the city the right to reduce the fare shall be so admitted.
without the consent of the railroad company, although the law does say that the fare which any estate exceeding $10,000, although the several incompany may charge shall be established by agree- heritances were less than that sum, and does not ment between such company and the city, and authorize the taxation of any inheritance in an shall not be increased without the consent of the estate less than $10,000 in value. The fact that the city authorities.
application of the law depends upon the size of
the estate of the testator, and not the inheritance, A person who suffered a fall by accident, resulting makes it possible to levy the tax upon some estates in concussion of the brain, which deranged and of a certain value, and impossible to levy it upon crazed his mind so that he could not intelligently others. The court holds that this confers special give the notice and required information regarding privileges, in violation of the Constitutions of Wisthe accident within the time stipulated in an acci-consin and the United States, guarantying to dent insurance policy, is held, in Woodmen Acci. every person the equal protection of the laws. Asso. v. Byers ([Neb.), 55 L. R. A. 291), to be excused in law from compliance with the condition An interesting case has recently been decided of the policy in that regard, during the time of the by the Circuit Court for the district of Minnesota, existence of the disability,
involving the liability of a railroad carrying mail
for the government, for the loss of a valuable A motion by a servant employed to drag bales package. The case is entitled German State Bank of cotton from a sidewalk into a warehouse, as if v. Minneapolis, St. P. & S. Ste. M. Ry. Co. (113 to throw the iron hook furnished him to aid in Federal Reporter, 414), and it is alleged that the the work at some boys playing upon the bales, mailing of a valuable package to the complainant, but who are in no way interfering with his work, and its carriage by the railroad company to its to frighten them away, is held, in Guille v. Campbell station, where the mail sack was delivered to the ([Pa.], 55 L. R. A. III), not fairly to tend to company's agent whose duty it was to safely care effectuate the discharge of his duty, so as to render for the mail sack during the night, the leaving his master liable for an injury to a bystander, of the station by the agent, and the robbing of caused by the sliping of the hook from his hand. the sack during his absence, constituted such lack
of ordinary care on the part of the railroad as to Recovery on a policy insuring against sickness, make it liable for the loss. The package was which limits liability to the perod when insured is registered, and contained the
of $3,000. continuously confined to his house and subject to Judge Lochren holds that the carrying of mail is the personal calls of a registered physician in good entirely under government control, and that the standing, is held, in Hoffman v. Michigan Home & railroad company owed no duty except to the govH. Asso. ([Mich.) 54 L. R. A. 746), not to be de- ernment; that it has no knowledge of the contents feated by the fact that the insured went out by of mail sacks, nor as to who sent or who is entitled direction of his physician for an occasional and to receive letters; that it is not employed by such necessary airing, if, by reason of his illness, he persons, and owes to them severally and personally
no duty whatever. was continuously confined to the house for a large portion of the time.
In a recent address a member of a prominent law
firm in the city of New York used the following In the case of Western Union Tel. Co. v. Waxel
language: baum (39 Southeastern Reporter, 443), it was
“When I came to the bar, forty-three years ago, sought to recover damages for a mistake made in a telegram sent to the appellee. The message was
very few, if any, good lawyers advertised. To-day all written on a blank of one company, and delivered that has changed. In the English Law List, which is
the official organ of the bar of that country, are to to an agent of another. The blank contained a
be seen the cards of
our own firm, and condition that the company would not be liable
those of several others in New York. I think the for damages in any case where the claim was not presented within sixty days. The court holds that strongest, as it is one of the largest, firms in the the use of this blank by the sender, and the accept- of Toronto, whose card I see in all the foreign law
world, having thirteen partners, is that of ance of the message thereon by the telegraph company, bind them both by the reasonable terms of lists and in well-nigh all our own legal and banking
directories. Of course, the advertisement must be a the contract contained upon the blank used.
dignified one; merely a card, nothing more. The inheritance tax law of Wisconsin, which | It is just as legitimate and proper for a lawyer to authorizes the taxation of inheritances, gifts, or publish his card, preferably in a legal or banking sales in contemplation of death, of personal above journal, as it is for a business man to advertise his the value of $10,000, is construed in the case of business." Black v. State (89 Northwestern Reporter, 522), The mere cards of law firms contained in such and held to be unconstitutional in that the statute publications as the English Law List or Hubbell's contemplates the taxation of all inheritances in an Legal Directory, while in one sense advertisements,
are of as great benefit to the public as to the lawyers this the sole exception occurs in the case of the themselves. It is doubtful whether any business of sovereign, who attains majority at eighteen. In value would ever be sent to a firm of lawyers in a Germany, twenty-one is the general rule; but the large city without previous knowledge of them, same exception as prevails in this country with either personal or by reputation. Where a lawyer regard to the sovereign obtains there. In the has a wide reputation, it is a matter of accommoda- ! United States, our law prevails generally as to tion to anybody who wishes to employ him to ave males, but in certain of the States within the Union his post-office or cable address readily accessible. women acquire the status of majority at eighteen. Of course, lesser legal lights derive a certain benefit In France, the age of majority is twenty-one in the from being included in the same category with more case of both males and females. In various confamous contemporaries. Lawyers in smaller com- tinental countries, while a general rule on this quesmunities receive an advantage from the insertion tion is laid down, power is given to the authorities of their cards, or having their names included in to confer upon persons the statuts of majority, the lists, in publications that profess to make investi- wliere for valid reasons this may be deemed degation and not to admit any person who is unworthy. sirable, at an earlier age than that prescribed as All of this, to some extent involves the advantage generally applicable.— Law Times (London). of advertising, and yet the usual features of competitive advertising are absent. According to the senti
Dr. Richard Garnett, writing to the London ment of this community, at least, lawyers of good Times on the almost universal omission by paperstanding are still precluded from advertising special makers of the date of the manuiacture of their or “cut ” rates, or particular facilities or “pulls,” or
paper, which used to be recorded by the waterother considerations which would give them an ad
“ The great importance which a dated vantage in the struggle for business. We
may possess in legal proceedings is regard the advertising tendency, as far as it has strikingly illustrated by a passage in the interesting gone as not illegitimate. Indeed, there are no objecu of the first Georges, recently published by Mr.
letters of Céar de Saussure on England in the time tions, except those of sentinient and etiquette, against a lawyer's using the ordinary artifices of Murray. A dishonest steward endeavored, by means advertisements practiced in the trades. It may even
of forged documents, to make his mistress, the be said that honest and direct advertisments, al- Duchess of Buckingham, responsible for the repay
ment of large sums which had in fact never been though undignified, are morally preferable to the
advanced to her. A lengthy lawsuit followed, which "puffs ” in the form of reading notices which as
came before the Court of King's Bench, and the piring attorneys procure to be inserted in the newspapers. At the same time, we hope that the practice the lawsuit by the judges of the court below, was
duchess, who had already been condemned to lose of direct advertising will, by professional sentiment, continue to be restricted to the insertion of "digni- going to be condemned by those of the higher
court, when one of them had a sudden inspiration. fied” advertisements; "merely a card, nothing
Seizing a contested bill, the judge held it up to the more."-- N. Y. Law Journal.
light, and, having examined it carefully, he disThe square piece of stuff which is attached to covered to a certainty that the bill was forged, the the back of a barrister's gown represents the purse
date and water-mark on the paper being several which was formerly hung at the back of the mem
years posterior to the date of the writing." bers of the legal profession into which the confiding
“ Few people, I venture to say, even in high client could let slip unaware the honorarium. So- official positions, know what justice first wore the licitors are so eager to pay fees at this date that no suggestion is necessary. The bands which the gown in the Supreme Court of the United States,"
said an authority on the subject recently. “When barrister wears in front of his neck represents the two tablets of the law and were taken from the Justice John Jay took the office he thought the
members of the Supreme bench should wear a gown like appendage worn by the old chancellors, all of of some sort. Accordingly, he appeared in his own whom were ecclesiastics.— The Sammons (Mel
academic gown, which he wore by virtue of having bourne, April 1, 1902).
received a degree from the University of Dublin, or, In connection with the enthronement a few days tri-colored gown, too. Such a garment would look
as it was then known, ‘Trinity College.' It was a ago of the young King of Spain, it may be of
peculiar now, since the black gown has been interest to point out that, while he has legally at
adopted.”— Washington Post. tained majority at the age of sixteen, the ordinary rule in Spain is that majority is reached at the age The Special and Trial Terms of the New York of twenty-three. The rules in this matter of coming Supreme Court adjourned on May 26 at recess of age vary considerably in different countries. In out of respect to the memory of Justice George cur own country, full age in male or female is P. Andrews, whose funeral was held at 2 o'clock. twenty-one, which age is completed on the day All parts of the City Court were also adjourned. preceding the person's twenty-first birthday. To Justice Leventritt, who presided in Special Term,