A volume of short stories by Thomas Bailey Aldrich is promised for fall publication by Messrs. Houghton, Mifflin & Co. A volume of unpublished Darwin letters is one of the interesting pieces of literature secured by Mr. William Appleton during his recent visit to London. The July Lippincott is filled with fiction chosen for the color. The complete novel is "On the Road to Arcady," and there are six short summer stories besides. A grave but charming study of Puritan life is given in the article entitled A Puritan's Wife: a Breviate of the Life of Mrs. Margaret Baxter," which The Living Age for June fourteenth reprints from The London Quarterly Review. It would appear that the fund of reminiscences of Thomas Carlyle and his wife is not yet exhausted. The Living Age for June twenty-first contains some fresh contributions to this fund from neighbors of the Carlyles, which are not unpleasant reading. A publication of rather unique character is on the fall list of Messrs. D. Appleton & Co. It is entitled "As I Sailed," and purports to be the autobiography of a notorious convict who recently died. The editing of this curious life history has been intrusted to Mr. Stanley Waterloo. A Canadian gentleman living in New York city has shown a keen appreciation of The Literature of American History, recently published by Messrs. Houghton, Mifflin & Co., by presenting a copy each to 250 Canadian public libraries. The work is edited by Mr. J. N. Larned, who had the aid of forty competent scholars and critics. The Review of Reviews for July is notable for well-considered editorial discussions of the South African peace and its probable results, our own problem in the Philippines, the Cuban crisis, the isthmian canal question, the work of congress, the coal strike, the ship building and steamship combinations, the crop prospects of the year, and many other topics of timely interest. Little, Brown & Co.'s new books for summer reading include: "The Heroine of the Strait," by Mary Catherine Crowley; "In the Country God Forgot," by Frances Charles; "A Girl of Virginia," by Lucy Meacham Thruston; "The God of Things," by Florence Brooks Whitehouse; In the Eagle's Talon," by Sheppard Stevens, and "A Maid of Bar Harbor," by Henrietta G. Rowe. Sane, humorous and wise is Leslie Stephen's biography of George Eliot, the new volume in the English Men of Letters Series. One would imagine that there was nothing to be said on the life and work of a novelist whose name has been a household word for fifty years. With a biographer of average ability this would be true, but, interpreted through Leslie Stephen's personality, and seen with his eyes, George Eliot's life becomes a subject of criticism so fresh as to make one feel that the subject itself is new. This latest volume of the series is published by The Macmillan Company, who are now the authorized publishers in America of the The next only complete edition of this series. volumes will be those on William Hazlitt, by Augustine Birrell, and on Matthew Arnold, by Herbert Paul. The Fortunes of Oliver Horn," F. Hopkinson Smith's serial, will be concluded in the August Scribner's, and will make way for J. M. Barrie's new story," The Little White Bird; or, Adventures in Kensington Gardens." The scene of the new serial is laid in London. The leading figures are a newly-married couple and a whimsical elderly person suggestive of Charles Lamb, who narrates the story. The forthcoming numbers of the Atlantic Monthly promise an unusual amount of good reading. In accordance with the custom of the leading magazines, the August number will be primarily a fiction number, and will contain stories by Jack London, Alice Brown and Arthur Colton. The September number of the periodical will print some hitherto unpublished correspondence between Thoreau and Father Hecker. A new story by Rudyard Kipling is to appear in the August number of Scribner's Magazine, entitled "Wireless." With the exception of a few sketches relating to experiences in South Africa, no short story has come from Mr. Kipling's pen for several years. The title of the story gives a hint of the author's idea in using the modern developments in electric phenomena for the basis of his plot. Mormonism is occupying a considerable space in current literature. Following the recently published Story of the Mormons, by the Macmillan Company, and The Biography of Joseph Smith, by Messrs. Dodd, Mead & Co., comes, in the guise of fiction, another work treating of the subject entitled By Order of the Prophet, by Alfred M. Henry. The Fleming H. Revell Company have just issued this novel, which is founded on actual incident, and deals with admitted conditions. What makes the happy relation between man and woman, is an eternally interesting question, and a clever discussion of why marriages fail, presented by Rafford Pyke in his article "The Woman's Side," is certain to receive the very wide consideration which has been given to that author's previous articles on the discussion of Woman versus Man. The July Cosmopolitan seems to be almost equally divided in interest between men and women. "An Experiment in Domestic Finance" is another entirely novel article which will appeal to women, while some twenty pages devoted to the "Captains of Industry" will receive the consideration of men in all classes of business. The Cosmopolitan has undertaken to present a series of brief sketches of the men who are leaders in finance, manufacture and commerce, not prepared in an off-hand way, but by writers of the greatest ability who have an exact knowledge of their subjects. The series thus far produced has attracted the widest attention. The industrial changes which have of late been occurring with such rapidity have the widest possible interest for all classes. The knowledge of these men, their derivation, leading characteristics and weaknesses throws much light upon the news of the day in which their names constantly recur. Dorothy Vernon of Haddon Hall is the bestselling book at the present time according to the monthly list published both by the Bookman and the Saturday Review of the New York Times. The Macmillan Company announces a second edition in preparation. The first edition consisted of a hundred thousand copies and has practically been taken up by the public within two months of its publication. The era of great sales for a good popular novel has evidently not passed, in spite of the statements we have been reading in some of the literary reviews. 44 Mr. Hamlin Garland has been invited by President Harper to deliver a series of eight lectures on Significant Phases of American Literature " during the summer term of the University of Chicago. Mr. Garland believes himself to be the only lecturer before this university who possesses no university degree of any kind. Some of Mr. Garland's subjects will be: "The Beginning of Landscape Poetry and Painting," illustrated in Bryant, Cooper and Cole; "Development of the Ballad," using Longfellow, Whittier and Poe as types; "The Literature of Democracy," Walt Whitman; "The Modern Novel," William Dean Howells; "The Local in Fiction," "Poets of the New El Dorado," Bret Harte and Joaquin Miller; "The Cosmic Feeling for Nature," Sidney Lanier, and a popular lecture on The Joys of the Trail." etc. Mr. Hazeltine has no sympathy with the view recall them as it now is to recite the list of the The July McClure's is a notable number. Three of its contributions are of national importance two sketches of Admiral Sampson, by ex-Secretary Long and Captain A. T. Mahan, respectively, and an article entitled "Fighting Life in the Philippines," by Dr. Henry C. Rowland. The author of this last, as an army surgeon, has seen campaigning from one end of the archipelago to the other. In the form of the story of the experiences of three privates in a regular regiment the writer records all the facts of his own observations as a medical man, showing how the conditions of soldiering in the Philippines bring about in the enlisted men the state of mind in which they obey, not merely without demurring, but even with alacrity, the orders of their officers to shoot without trial insurgent prisoners. It is a startling and powerful presentation of facts. M. W. Hazeltine's criticism of Mr. Andrew Carnegie's New Book" in the July number of the North American Review, is an exceedingly readable article. Mr. Hazeltine devotes his attention to Mr. Stewart Edward White, author of "The three great subjects on which Mr. Carnegie ex- Blazed Trail," is again "roughing it." Accompresses his views in various parts of his recently panied by the artist, Thomas Fogarty, he is at published volume the principles which must gov- present making a canoe trip from Georgia Bay to ern the successful business man, the functions and Sault Ste. Marie, following up some of the large limitations of trusts and the uses to which great rivers on the course. Only two or three times opulence may be put. On all these topics Mr. Car- during the entire trip will Mr. White come in touch negie speaks as an expert authority, and Mr. Hazel- with even the simplest form of civilization; he will tine spreads out in an extremely lucid way Mr. live on what can be shot in the woods and captured Carnegie's cardinal dicta regarding them. The por- from the waters, eked out with a small supply of tion of Mr. Hazeltine's article which deals with the compressed food. One of Mr. White's ambitions famous iron master's opinions regarding the essen- is to catch a Georgian Bay muscallonge. With this tials to business success, indeed, is, in effect, a col- in view he took along a trailing spoon with a brass lection of sapient maxims as to how the young man snell bigger than a bass viol string. "The first should bear himself in relation to gambling, drink- day out," the author writes to a friend, "a fine ing, speculation, requests for indorsement, saving, muscallonge struck on. I got him alongside about four feet of him. He took one look at Fogarty, bit the brass snell in two and left us lamenting." Mr. White's next novel is laid in the Hudson Bay county; he is also collecting material for a book on wood lore and wood life. Herman Knickerbocker Viele, whose Myra of the Pines" has just been published by McClure, Phillips & Co., was born in New York. He was educated for a civil engineer and went west when a young man. Later he had charge of the spending of three or four millions in the city extension of Washington, D. C. Several years ago he inherited enough money to enable him to give up his profession and travel abroad, where he studied art and literature. Mr. Viele's first success, "The Inn of the Silver Moon," was brought out by Stone two years ago, and "The Last of the Knickerbockers," less than a year ago. Literary ability seems to run in the family, for Mr. Viele's brother bears the distinction of being one of the very few Anglo-Saxons ever decorated by the Legion of Honor as a French poet. Mary Devereux, the author of "From Kingdom to Colony" and the more recent novel "Lafitte of Louisiana," is the eldest daughter of General J. H. Devereux. She was born in Marblehead, Mass., where her father's people have lived since 1636, but was taken to Tennessee when an infant, which was the beginning of a more or less cosmopolitan life for the authoress. Marblehead, however, has furnished material for Miss Devereux's first two novels, "From Kingdom to Colony" being a story of the old town in the days of the revolution. Lafitte of Louisiana," published a few weeks ago by Messrs. Little, Brown & Co., is a romance founded on the career of Jean Lafitte during the French revolution and the war of 1812. to have it reconvoked. T. V. Powderly, commis- an intimate friend of the character, ideals and am- a member of the Isthmian Canal Commission, asks A landlord responsible for the defective condition of an automatic fire extinguishing apparatus on the The North American Review for July is a num- leased premises is held, in United States Casualty ber of striking excellence. In the opening article, Co. v. Bagley (Mich. [55 L. R. A. 616]), not to be The Storage Battery and the Motor Car," Thomas able to avoid liability to one who insured the tenant A. Edison describes the storage cell just perfected against loss on account of the apparatus, and who by him, through which automobiles may be has been subrogated to his claim against the landequipped for running long distances without re-lord for a loss, on the ground that he was negligent newal of power, and many people of moderate in taking the risk. means who cannot afford to keep a carriage may possess a serviceable pleasure vehicle, the enjoyment of which will cost but little. Charles H. Cramp, the noted shipbuilder, discusses the "Effect Per A contract for a street pavement, which provides that the contractor shall do all work necessary to keep the pavement in good condition for a period of seven years, and that a portion of the contract price shall be withheld until the expiration of that period, is held, in Shank v. Smith (Ind. [55 L. R. A. 564]), to impose no burden for repairs upon abutting owners, but to be merely a lawful guaranty of the work. following officers were elected: President, Robert another case, and in consideration of that fact the H. McCarter, Newark; first vice-president, James judge sentenced him to three years and nine months J. Bergen, Somerville; second vice-president, in the penitentiary, the term to be served after he George M. Shipman, Belvidere; third vice-presi- had completed the previous sentence.- New York dent, Clarence L. Cole, Atlantic City; secretary, Albert C. Wall, Jersey City; treasurer, Charles C. Black, Jersey City. An action for wrongful death having been properly brought by the personal representative of the deceased, by the filing of a valid summons, but the declaration being a nullity because the statutory beneficiaries are not named, it is held, in Love v. Southern R. Co. (Tenn. [55 L. R. A. 471]), that a new declaration may be filed for the purpose of naming them, even after the limitation period has elapsed. Charles D. Long, justice of the Michigan Supreme Court, died in Detroit on July fourth, aged sixty-one years. He has been a member of the Supreme Court since 1887; had also served as county clerk, prosecuting attorney, supervisor of the tenth Michigan census, etc. In spite of physical disability, contracted during the late civil war, Justice Long was one of the most industrious members of the Supreme Court. A boy twelve years old who is injured by collision with a slowly-moving team in a public street is held, in Gleason v. Smith (Mass. [55 L. R. A. 622]), to have no right to recover, where, without care or precaution to avoid collision with vehicles, he is using the street as a playground, and comes in contact with the team in attempting to catch another boy, although the driver is negligent in having his attention diverted from his horses to a vehicle be hind him. Times. "The increase in the number of Italian litigants in the minor courts of New York city has not been met by the election of Italians as judges. One at least, of these judges has learned Italian. He is George F. Roesch, who delivered a lecture in Italian recently. Since he ascended the bench in 1894, he has learned Italian, besides speaking German and English and acquiring a colloquial understanding of Hebrew jargon. A knowledge of four languages is unusual in a New York judge.- New York Sun. A curious scene took place in a court at Emporia, Kan., one day last week, when a convicted murderer, who had been sentenced to five years in the penitentiary, delivered an address of thanks, as follows: "I am entirely satisfied with the verdict and the sentence, and I am confident that not one jury in ten would have been so lenient with me. I desire to thank sincerely the court for its just and courteous manner of conducting this trial, and I hope that the blessing of God will remain with you all."-Topeka Capitol. Under a statute providing that all wills shall be in writing and be signed by the testator, which signature shall be made by the testator, or the making thereof acknowledged by him and the writing declared to be his last will, in the presence of two witnesses present at the same time, who shall subscribe their names thereto as witnesses in the presence of the testator, it is held, in Lacy v. Dobbs (N. J. [55 L. R. A. 580]), that it is essential to validity that everything required to be done by the testator shall precede in point of time the subscription of the witnesses. Persons who were induced to support a woman during several years by her fraudulent pretense that she was destitute, when, in fact, she had a considerable estate in bank, are held, in Anderson v. Eggers (N. J. Eq. [55 L. R. A. 570]), to be entitled to be recompensed out of the estate for the money and property so furnished to her. Authorities of the liability of an alleged pauper or his estate to pay for support or gifts obtained on the ground of pov-by the trustees of the university of all academic erty are reviewed in a note to this case. Isaac Franklin Russell, LL. D., professor of law in New York University, and of Hancock street, has returned to the bar after a truancy of many years. At his own request he has been relieved work in the morning and early afternoon, so that he will be able to devote his time to legal practice till a late hour in the day. He will continue in full service as a member of the university faculty of law, but has resigned the lectureship to the woman's law class, which he has held for the past ten years. For a year or over Mr. Russell has been busy in almost all the local courts, and his engagements have become such that he has been compelled to relinquish many agreeable scholastic labors in order to devote himself properly to his accumulating tasks Richard F. Price, an attorney, stood before Judge Newburger the other day to be sentenced. He had been convicted of grand larceny in the second degree. According to the testimony of the complainant, Mrs. Elizabeth Rohleder, of 208 East Eighteenth street, when she paid him $500 to obtain for her a divorce he promised that she need not appear in court, as he would have another woman represent her. He gave her what purported to be a decree of divorce, signed by Justice Truax, who heard of the case and notified the authorities. as counselor and advocate. Besides retiring from In sentencing him yesterday, Judge Newburger called him a disgrace to the bar. The man had been under suspended sentence of nine months in the work of the woman's law class, Mr. Russell has secured relief from his post-graduate course in sociology at the university, his lectureship in law at the Brooklyn Institute, his work as chief law examiner for the international committee of the Young Men's Christian Association and various heavy literary engagements. Prof. Russell has completed twenty-two years of active service in the work of university instruction, and among the thousands who have studied under his direction might be mentioned several members of congress, a half dozen State senators and more than one justice of the Supreme Court. He has a place of business in the Equitable building, at 120 Broadway, Manhattan, and is now a familiar figure in the courts and public offices of this city. Brooklyn Exchange. The twenty-sixth annual meeting of the Illinois State Bar Association will be held at Steinway Hall, Chicago, on July 17 and 18, 1902. The city of Chicago has been chosen for the meeting in accordance with the apparent desire of the members. The president's annual address will be delivered by John D. Stevens, of Peoria, the president of the association. It is expected that there will be a full consideration of the subjects of the "Expediency of Calling a Constitutional Convention" and of the “Advisability of Adopting a Code of Practice," as widely divergent views upon these subjects, are entertained by the members of the association. Half a century of successful practice is the record of Attorney George Wadsworth. Just fifty years ago Monday he arrived here and opened his office. Among the lawyers that studied in his office are: John G. Milburn, George Wing, George A. Lewis, Fred Greiner, Henry Cowles Wadsworth (his son), James E. Wells, Fred D. Corey, Niles Bartholomew, Henry W. Killeen and William E. Bensley. Mr. Wadsworth was born in Connecticut in 1830. While he was engaged in teaching school he studied law and was graduated when he was twenty-one from the Litchfield Law School. He spent a short time in New York right afterward and then came to Buffalo. He held only one political position, being the city attorney in 1859-1860. It is said that his name has appeared as the attorney or counsel for one or more of the litigants in every term of the Supreme Court.- Buffalo Express. The new rules for admission to the New Jersey bar, as recommended by the special committee appointed by the Supreme Court, have been promulgated by the court and will take effect at the June term. In brief, they provide for a permanent board of examiners, who are at first appointed for one, two and three years, respectively, and thereafter for three years each. They require a high school standing on the part of all applicants, and abolish all oral examinations, thus doing away with the direct participation of the court in the examination of the candidates. The rules are in force now, but, as before stated, will first be put into operation at the June examination. The three examiners first selected are excellent men, who are in sympathy with the new rules. These rules are printed in this issue of the JOURNAL. They will, undoubtedly, tend to prevent many unfit persons from entering upon the study of law, but, should they begin such studies, which is scarcely likely, they will hardly pass the examination. The effect, as a whole, will be to improve the standard of the New Jersey bar henceforth. The rules very properly reduce the term of clerkship of candidates from four to three years, and require that when a clerkship is begun a certificate of the attorney with whom he is to serve shall be filed with the clerk of the Supreme Court. When examiners are not satisfied by written papers-in other words, are in doubt as to whether candidates should be accepted or rejected—they may require a supplementary oral examination. These rules will receive a fair test, and we doubt if the old laxity prevailing will ever again exist in this State.- New Jersey Law Journal. The death of Mr. Justice Walter S. Cox, which occurred at his residence in this city on Wednesday, June 25, 1902, will be deplored by the community in general, and especially by the members of the district bar, to whom the announcement of his death is accompanied with a sense of personal loss, says the Washington Law Reporter. It has rarely been the privilege of any man to be so universally beloved by his associates on the bench and at the bar. His place in their affections was fittingly testified on the occasion of his retirement from the Supreme Court of the district after more than twenty years of honorable service, in 1899. On that occasion the late Mr. Walter D. Davidge said of him: "I never knew a more honest man nor a more conscientious and able judge," and in so saying he voiced the opinion of all whose privilege it was to know the man of whom he spoke. On the subject of the defense of client believed to be guilty, the Hon. David Overmeyer, of the Kansas City Law School, in an address before the graduating class, said: "Let Erskine's burning words sink deep into our hearts. In vindicating himself from the calumnies heaped upon him on account of his defenses of Thomas Paine, then as odious in the sight of all England as ever man was odious in the sight of men, Erskine said: 'In every place where business or pleasure collects the public together day after day my name and character have been the topic of injurious reflection. And for what? Only for not having shrunk from the discharge of a duty which no personal advantage recommended, and which a thousand difficulties repelled. * Little, indeed, did they know me, who thought that such calumnies would influence my conduct. I will forever, at all hazards, assert the dignity, independence and integrity of the English bar, without which impartial justice, the most valuable part of the English Constitution, can have no existence. From the moment that any advocate can be permitted to say that he will or will not stand between the crown and the * |