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Part III, said, with reference to the death of Justice A bank which pays a raised check, that was altered Andrews:
so skilfully by the drawer's clerk, who presented it, " In rapid succession has death summoned the as to avoid detection on reasonable inspection, must justices of this court. During my brief term I have sustain the loss, unless the depositor has, by leaving bidden a last farewell to five of my colleagues. It blanks in the check or by some other affirmative act is scarcely a week since we have stood by the bier of negligence, facilitated the fraud. But a deof Judge Beach, and now a like great loss has positor, on the periodical writing up of his account beiallen us. Justice George P. Andrews has gone and return to him of the pass-book and vouchers, to his eternal home. Men of distinction come and is bound to make reasonable examination and verigo, and are soon forgotten, but it cannot be that fication of them and to notify the bank if forgeries the remembrance of the virtues, the merits, the have occurred, so that it may guard against recurexcellences which characterized his judicial career
If he neglects to make such verification, or will be so fleeting, so momentary. It cannot be intrusts it to his clerk, who, from being connected that only for the day will be acclaim, ‘Well done, with the forgeries, fails to disclose the discrepancies, thou good and faithful servant.'
the bank, in the absence of neglect on its part, is “Judge Andrews had a noble conception of the not chargeable with subsequent payments made to high office which he so ably filled. Its chief attrac- the clerk on a series of such forgeries. When, howtion to him was the opportunity it afforded to do ever, the bank, while the forgeries were going on, good, to purify, to elevate.
pays a forged check to the clerk under such cirAs a tribute of respect to the memory of Judge cumstances as to practically disclose its dishonest Andrews this court will adjourn at 1 o'clock to-day, character, and gives no notice of the transaction so that all who desire to attend the funeral services to the drawer, its negligence in paying the check may do so. The clerk of the court will make note and, by its silence, permitting the forgeries to be in the record of these proceedings, and transmit repeated, is an answer to its charge of negligence to the bereaved family the expression of our deepest against the drawer for failing to verify his vouchers. sympathy in their great affliction.”
* Former Governor of Connecticut, Thomas M.
English Notes. Waller, gives the following sensible views on the subject of advertising, from a professional man's
Lord Grimthorpe recently attained the age of standpoint:
eighty-six years. He is senior king's counsel and “ The professional etiquette that prevents the senior bencher of Lincoln's-inn. soliciting of law business by discreet and proper advertising,” declares the former governor, “works The South African Law Journal says of Sir James a hardship, especially in cities, upon young lawyers Rose-Innes, who has been appointed chief justice and gives an unfair advantage to old ones who have of the Transvaal, “The legal profession in the become known. Why should not a young lawyer, Cape Colony will regret Sir James' departure for struggling to gain practice, have the right to adver- | the Transvaal. If he has to change the bar for tise his profession, and a specialty, if he has one, the bench they would prefer that the change should without any more loss of character than merchant take place in, and for the benefit of, the princes, like ex-Postmaster-General Wanamaker, Cape. In parliament as well
the bar suffer from advertising their wares?" If lawyers' | the Cape ill-afford to lose him. As services were honorary only, as in theory if not chief justice of the Transvaal he will be most welin fact they anciently were, there would be an come to the inhabitants of that new colony, and artificial reason for the strained etiquette I speak to none more so than to the legal profession there. ci; but as fees are now legally recognized, and can His name and fame are towers of strength, and be sued for, and even contingent fees are legal and guarantee that he will worthily and impartially not champertous, why should not legal buisiness be occupy and discharge the functions of that high sought for in the same way that any other business office with dignity and honor, with credit to himis? I should not hesitate to advise a young lawyer self and with great benefit to his adopted country.” in a city to advertise 'clients wanted' in the daily papers, naming his references, until he got all he The accuracy of the following story is vouched needed to give him a good start.”
for by a correspondent of M. A. P., says the Law
Times: “Mr. Geoghegan was returning to his In a recent decision in the case of De Frees home one evening, having had, he assured me, Critten and others against the Chemical National | a most arduous day's work at the old Middlesex Bank of New York the Court of Appeals has stated sessions. He was defending a pickpocket charged some interesting principles regarding the duties with stealing a valuable gold watch. However, Mr. and liabilities of banks and depositors in relation to Geoghegan, by keen cross-examination and forged checks. Summed up briefly the decision, eloquent appeal to the jury, raised a doubt, the which is in favor of the plaintiffs, holds that: benefit of which the prisoner was given. His client,
on meeting him outside, was profuse in his thanks, 35), in which the Supreme Court of Kansas held and, as he said good-bye, quietly slipped the watch that the State law placing restrictions upon the into his counsel's hand. The feelings of Mr. taken or soliciting of orders by a non-resident Geoghegan may be imagined, for he told me that salesman for intoxicating liquors to be imported he had conscientiously believed the man to be from another State is a burden upon interstate innocent."
commerce, and is, therefore, repugnant to the pro
visions of the federal Constitution, empowering Lady Russell, of Killowen, has just witnessed
congress to regulate commerce. the completion of the memorial placed upon her husband's grave in the Epsom cemetery, says the
In Bethany Hospitai Co. v. Hale, a Kansas case, Daily Chronicle. The cross now set in its place is reported in 67 Pacific Reporter, 848, the following reproduced from drawings Lady Russell had made unusual examination takes place: after an ancient pattern still to be seen in the Q. “When did you first see her,- before or after cemetery of the ruined Abbey of Clonmacnoise, her mother was married?” A. “Before her mother on the banks of the Shannon. The slab of marble was married.” which covers the Epsom grave is also copied from Q. " And she had married a man by the name of an antique Irish gravestone, and the little wall of D.?" A. "Yes, sir.” inclosure round the tomb is made of granite Q.“ Prior to the time she was killed?” A.“ Yes, brought into Surrey from the late Lord Chief sir." Justice's own Newry mountains.
We wonder what the custom is in Kansas in
regard to this matter. Lord Tweedmouth is reported to have said at the newspaper society's dinner that “the law “I thought she was woman of unbreakable courts had decided that the copyright of a speech will,” said the gentleman with the bob-tailed coat. rested not in the person who uttered it, but in the And so she was," said the man with the inperson of the gentleman who had been good enough candescent whiskers. to take it down.'” As this misapprehension ap- “ Yet you tell me that she is completely subpears to be still current (writes Sir Frederick Pol- servient her husband,” went the first lock to the Times), may I repeat the explanation gentleman. which you allowed me to give at the time? The Well, you see, she married a lawyer, and he decision referred to was really quite different, broke the will."— Baltimore American. namely — that, if the speaker has not reserved the right of publication, every producer of an original
At the funeral of a lawyer of State reputation, report is entitled to copyright, not in the matter who lived and practiced in a town not for from of the speech, but in his own report of it. That is Philadelphia and who was known among his friends to say, a stranger who did not report the speech thereabouts as an unbeliever, an eminent gentlehimself, and is not authorized by the speaker, may
man from Philadelphia reached the house after the
Not knowing not copy any particular report without the leave minister had begun the sermon. of the reporter or the person for whom the report well-known Quaker of the town, who was a friend
how far the services had progressed, he accosted a was made. The speaker's rights were not in question at all.- Law Times (London.)
of the deceased and who was noted for his great sense of humor, and, leaning over his shoulder, asked in a whisper:
“What part of the services have they reached?" Humorous Side of the Law.
To which the Quaker, without a smile, replied:
“Just opened for the defense."— Philadelphia Diggs Say, I thought you always claimed to Times. be a man of intelligence? Biggs – You have said it.
Many good anecdotes of the late Thomas Nolan, Diggs - Then how do you explain the fact that of the New York bar, are given in Charles Fredeyou were called to serve on a jury last week
rick Stansbury's book entitled “The Barrister," Chicago Daily News.
recently published by the Mab Press. The following
are two excellent samples of Barrister Nolan's keen "Whisky in the abstract, whisky generically, wit: is by the decree of public sentiment quarantined Concerning the late Justice Smyth, Nolan realong with smallpox, leprosy, and cholera. It is marked that "he's a good judge, a foine judge; an Ichabod, forsaken, cast out, and despised, 'a but he thinks ivery man ght to go to prison at Czolgosz among the commodities of commerce, and least wance." The rejoinder of the barrister to one yet we are enjoined to give it a place with the of the judges of this county who offered to plead staples and staff of life, and catalogue it with beef for the barrister's client on the judgment day: and beans and bread." This extract is from the “ Your honor will have troubles of your own upon recent case of State v. Hickox (68 Pacific Reporter, that day," is perhaps equally good.
The Albany Law Journal. leaves the depositor no recourse.
seem that this decision is entirely fair and A Monthly Record of the Law and the Lawyers. establishes by law a much more equitable Published by THE ALBANY LAW JOURNAL COMPANY, Albany, N. Y.business niethod than was embodied in the
Contributions, items of news about courts, judges and lawyers' older decisions in this State. Under it the queries or comments, criticisms on various law questions, addresees duty of verifying the balance and examining on legal topics, or discussions on questions of timely interest, are solicited from members of the bar and those interested in legal the vouchers returned, and giving notice to proceedings.
the bank of any discrepancies, within a reason[All communications intended for the Editor should be addressed able time, is placed upon all depositors of simply to the Editor of THE ALBANY Law JOURNAL. All letters banks in this State. It should be added, perrelating to advertisements, subscriptions or other business matters sbonld be addressed to The ALBANY LAW JOURNAL Company.] haps, that despite the announcement of these
principles, favorable to the bank, the final Subscription price, Three Dollars per annum, in advance. Single Damber, Twenty-five Cents.
decision was against the bank in the case of
all, except a few of the checks, because it was ALBANY, N. Y., JULY, 1902.
shown that early in the history of the transCurrent Lopics.
actions the bank teller noticed that one of the
checks had been altered, and a different A decision which settles many questions amount written in upon an apparent erasure. long in dispute as to the liability of banks for He called the attention of the plaintiff's clerk, frauds rendered possible by contributory
Davis, to the condition of the check, and acnegligence on the part of depositors has just cepted his explanation and a receipt for the been handed down by the New York Court money. This act was held to be grossly negliof Appeals in De Frees Critten v. Chemical gent on the part of the bank, and, the court National Bank.
continues: “That Davis was able to successThe facts of the case are substantially these: fully continue from this time to his arrest a A business house depositing with the Chemi- series of forgeries was as fairly attributable cal National Bank of New York was victim to the folly of the bank in paying to a clerk ized by its confidential clerk, who systemati- a check of his employer's which had been cally raised checks and appropriated the plainly altered, without making any inquiry excess to his own use. He had charge of the
as to the reason or authority for the alterafirm's books, had been accredited to the bank tion, as it was to any carelessness of the plaintas its representative, and otherwise occupied
iffs in failing to detect the alteration when the a relation to it which warranted the bank in checks were returned to them from the bank. assuming that he acted by authority in all that Since we have held that the question in the he did. His manipulation of checks extended case was not one of ratification or estoppel, over a period of some two years, during but that the liability of the plaintiffs to the which time the deposit-book of the firm was bank was solely for the loss caused by their written up no less than twelve times and the negligence, it is a complete answer to the devouchers in the form of paid checks returned. fendant's claim that its own negligence conOn the discovery of the defalcation the firm tributed to the loss." brought suit against the bank for the amount of their losses on the raised checks and ob- The Court of Appeals has just wrestled tained judgment in the lower courts for the with the knotty question to what extent one amount of their claim. This has now been may enjoy, unhindered and unmolested, the reversed by the Court of Appeals, which holds “right of privacy," and has decided, in effect, that for the depositor to have made no exami- that there is no such right. The case in point nation of his accounts and no comparison of was that known popularly as the “flower of returned checks with the stubs, when such the family case," and concerned the right of examination would have revealed the altera- a business firm to use a young woman's pictions, was such negligence as excuses the ture for the purpose of advertising its product, bank íor having paid the raised checks, and I flour. The young woman was Vliss Abigail
VOL. 64. — No. 7.
M. Robertson, of Rochester. Although the person might claim to be the original. The likeness was unnamed, it was so good as to be expediency of the decision is, perhaps, not to easily recognizable by the lady's friends and be doubted; at the same time it may lead to acquaintances. Miss Robertson secured a other results quite as discommoding and unverdict in the Supreme Court, Mr. Justice pleasant. For example, what is now to preDavy holding that a woman's beauty is her vent some enterprising manufacturer from own inviolate property and not a public using the learned chief judge's picture on a material for advertisers, and that it tended to brand of cigars and calling it " The Chief Jusoutrage a woman's privacy and to injure her tice," or another from getting “In the Vann," character and reputation for the portrait to be or another from using the expression “ Love posted conspicuously in public places. The and Haight," or another from utilizing in case was conceded by the Court of Appeals to some equally ingenious way a “Bartlett be quite novel, and, while it did not deny the Pear?” Other combinations might be sugabove reasoning, it, by a majority vote, practi- gested, but these will suffice, perhaps, to show cally dismissed the complaint on account of the possibilities that have not been averted the larger principles involved and the danger by the refusal to recognize the so-called of establishing a troublesome precedent. “ right of privacy."
Justice Parker says:
The so-called right of privacy is, as the phrase Lewis M. Haupt, formerly a member of the suggests, founded upon the claim that a man has Nicaragua and Isthmian Canal Commission, the right to pass through this world, if he wills, asks, in an article in the July number of the without having his picture published, his business enterprises discussed, his successful experiments North American Review, “Why is an Isthwritten up for the benefit of others, or his eccen- mian Canal not Built? ” Mr. Haupt signed tricities commented upon, either in hand bills, cir- the supplemental report of the Isthmian Canal culars, catalogues, periodicals or newspapers, and Commission declaring in favor of Panama, necessarily that the things which may not be writ, although he thought the Nicaragua route the ten and published of him must not be spoken of him by his neighbors, whether the comment be better of the two, his reason for doing so (as, favorable or otherwise.
at his request, it was recorded in the minutes “While most persons would much prefer to have of the Commission) being to avoid throwing a good likeness of themselves appear in a responsi- an obstacle in the way of the construction of ble perodical or leading newspaper rather than upon
some waterway between the Atlantic and the an advertising card or sheet, the doctrine which the courts are asked to create for this case would apply Pacific. He states at length the grounds of as well to the one publication as to the other, for his opinion that the Nicaragua route is the principle which a court of equity is asked to preferable to that of Panama: assert in support of a recovery in this action is that
" The problem is not merely concerned with the the right of privacy exists and is enforceable in
cost of traversing the isthmus from sea to sea, but equity, and that the publication of that which purports to be a portrait of another person, even if with the total cost of the movement from port to obtained upon the street by an impertinent individ- port; hence, it is a delusion to assert that because ual with a camera, will be restrained in equity on
the Panama route is but forty-nine miles long and the ground that an individual has the right to pre
the Nicaragua is one hundred and eighty-three, the vent his features from becoming known to those former is the better, since that statement omits outside of his circle of friends and acquaintances.
entirely the greater length on the sea route by “An examination of the authorities leads us to Panama for about three-quarters of the traffic, the the conclusion that the so-called “right of privacy'
presence of the lake and river which compose more has not as yet found an abiding place in our
than half of the waterway through Nicaragua, and jurisprudence."
the still more important fact that the general di
rection of this route lies along the most direct line, The court also reasoned a little farther, while at Panama it is almost at right angles thereto. referring to the possibility of preventing the Moreover, there is the insuperable meteorological use of a “word picture ” describing some in- disadvantage attaching to the Panama route, due to
position, since the southern route lies in the region dividual who might object. Thus the court of equatorial calms which debar sailing vessels from thought a writer might be held liable for
access to Panama, without great expense for towdrawing a character study of which some age, while the northern location lies in the region
of the trade winds, which also contribute greatly that any male citizen of Maryland possessing to the salubrity and comfort of this transitway. To specified qualifications might be admitted to meet the objection due to the 'doldrums' in
practice. The amendment of 1898 changes Panama bay, it is urged that the sailing vessel is doomed to be superseded by steamers. The present
the method of admission, but makes no outlook would not seem to justify such a conclusion, change in the class of persons entitled to since more than half of our registered tonnage is admission. Considerable stress was laid upon sail, and the tendency is strongly towards larger the fact that the Code declares that the mascuschooner-rigged craft."
line gender includes all genders except where
such construction would be absurd or unreaThe Court of Appeals has sustained Gov- sonable. The court holds, however, that since erner Odell in removing Charles Guden as women are not eligible to practice law at the sheriff of Kings county, and appointing Nor- common law, and statutes in derogation man S. Dike as his successor, as we expected thereof are to be strictly construed, this article it would. It was not shown at the investiga- of the Code cannot be construed to mean an tion held before the governor that Sheriff authorization for the admission of women. Guden had made an agreement with Michael The court further holds that the article of the J. Dady to the effect that he would turn over Code providing for the admission of members all of the moneys received by him in excess of the bar of other States under certain condiof a stipulated amount (as had been charged), tions cannot extend to the admission of but it was established by evidence that Sheriff women who are members of the bar of other Guden had made an illegal agreement with States; for when that section provides for the one Bert Reiss prior to taking office, and admission of lawyers from other States, it that he had taken a false oath. Governor means such lawyers as are entitled to admisOdell regarded this as sufficient to warrant sion under the Maryland law. Guden's removal, and he did remove him, appointing Mr. Dike as his successor. The
LABOR LEGISLATION; ITS SCOPE AND Court of Appeals holds that the power of re
TENDENCY. moval of county officers is an executive, not a judicial, power, and that as such it was in
Labor is the chief, if not the only source of tended to be invested exclusively in the gover- wealth; and the predominancy of that class of nor. Justice Parker, who wrote the opinion American society popularly known as laborers and of the court, clearly showed the intent of the the manifold destinies within its grasp may well make framers of the Constitution by copious refer- the fortunes of this increasing power of grave im
portance to the State. ences to the debates of the Constitutional
It is essential to the well-being of the community Conventions of 1821 and 1846. Without go- that this class receive from the law the protection ing into the merits, the Court of Appeals which its importance commands A degraded indusmakes it clear that, as the charges made trial system superinduces, nay, inevitably fosters against Sheriff Guden were sufficient, in its and produces, a degraded social system, and impairs
the efficacy of the entire polity. Moved by these opinion, to confer jurisdiction, and, as the considerations and impelled by the exigencies of the governor is given by the Constitution power hour, it is not strange that much injudicious legisto remove, there was no ground for interfer- lation, promulgated by enthusiastic and not overence on the part of the courts.
prudent men, has found its way into the statutes of the various States.
Consonant to the spirit of universal liberty, mighty
waves of popular feeling have played conspicuous The question of the right of a woman to
parts in American legislation. In the middle of the practice law in Maryland is settled in the nineteenth century, popular feeling was so exceedopinion of Chief Justice McSherry in the case ingly friendly toward railways, and in aid of such entitled In re Maddox (50 Atl. Rep. 487). enterprises the people not unwillingly, but rather The court holds that the right to practice law eagerly, voted upon themselves vast debts, pursuant
to ill-advised legislation, in support of such enteris not a natural right, inherent in every one, prises, many of which later when the popular enthubut is dependent upon legislative authority. siasm abated, were never cancelled but by repudiaHe points out that the Constitution provides Ition; and the close of that century witnessed an