tirely. So it does no violence to common experience to assume that dogs are liable to be deficient in their instincts. Therefore, we frequently hear huntsmen speak of some dogs as 'true' and 'staunch,' while others will be denounced as unreliable or liars.' It sometimes happens that the best trained fox hounds will lead their masters into a rabbit chase, or a pointer will hold his master with trembling excitement while he 'points' a terrapin."

THE PRINTING OCTOPUS AGAIN.

Since the Tammany Waterloo in New York city the Printing Octopus seems to have had some of its tentacles abbreviated. The letting of the contract for the printing of the City Record is a case in point.

The new administration which assumed the reins of government on the first of the new year is not at all likely to extend any particular favors to the Octopus, no matter what any prior regime may have done "The Octopus" continues to manifest in various ways its deep, unselfish regard for the public interests by again offering to substitute canvas binding in the Official Edition of Law Reports and Session Laws for the sheep binding heretofore used, notwithstand ing the well-known fact that such substitution is contrary to the terms of the contract entered into by the Octopus, besides destroying the uniformity of the The large consequent saving that would result, of course, has no bearing upon the action of the Octopus in the matter. It would be just as well, however, for subscribers to bear these facts in mind before consenting to the substitution.

sets.

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Notes of Cases.

Salvage Money Recovered from Body Found at Sea - Public Administrator - Right to Property of Unknown Decedent. In Gardner v. Ninety-nine Gold Coins, decided by the United States District Court, D. Massachusetts, in March, 1899 (11 Fed. 552), it appeared that a fishing schooner on her voyage from Gloucester to the fishing grounds on August 17, 1898, found floating in the water the body of a man who had been a passenger on the Bourgogne, sunk in collision on July fourth. Upon the body was found a wallet containing coins and bank notes to the value of $1,050. The body was immediately buried by sinking in the usual manner and the money was brought back and paid into a court of admiralty. The man's name was not discovered. The salvage involved no danger to vessel or crew. It was held that in view of the probability that the money would not otherwise have been recovered, and of the meritorious action of the officers and crew in bringing it into court, when they might readily have kept and divided it among themselves. one-half the amount would be awarded for the salvage services, to be divided between the owners. master and crew.

It was further held that the public administrator of the county in which the admiralty court was located, who had been granted letters of administration on the estate of the decedent by the Probate Court, pursuant to the statutes of the State, was entitled to possession of the remainder of the fund in preference to the salvors, claiming as the finders of fost goods, whose owner was unknown, or to the United States, claiming as successor to the prerogative rights of the king of England.

The court said, in part: "It is urged against the administrator's claim. First, that his appointment was not in Suffolk county; second, that this court, having not authorized by the statute, because the fund is got possession of the fund, should provide for its final distribution, and, third, that the claim of the public administrator here is really no more than a claim by the Commonwealth of Massachusetts to property in which it has no right. But, if the fund is not in Suffolk county, it is hard to perceive where else it is. If the next-of-kin of the deceased owner should appear, it is admitted on all hands that, by some proceeding or other they should obtain the fund. Yet this court would not undertake to deter

mine their distributive shares. It would require them to take out administration, original or ancillary in the Probate Court of this county, and would then pay over the fund to the administrator for distribution among them according to the order of the Probate Court. In that case the letters of administration would be undoubtedly valid, and yet the fund would be in Suffolk county no more than it is in the case at bar (Compare Pub. St., chap. 131, sec. 2, with chap. 156, sec. 2; Pinney v. McGregory, 102 Mass. 186). It is true that by virtue of Pub. St. Mass. (chap. 131, secs. 7, 12, 14) the fund, if paid to the public administrator, may ultimately become the property of the commonwealth; but this might happen if it was paid to any other administrator (Pub. St., chap. 135, sec. 3). The condition under which the commonwealth is entitled to estate in the hands of a public administrator and in the hands of any other administrator is substantially the same, viz., that no next-of-kin can be found. If the deceased owner had been domiciled in Massachusetts, and was without next-of-kin, his estate would certainly pass to the commonwealth, yet his administrator would be entitled to a fund like this. In the case at bar it is quite possible that the deceased owner's next-of-kin, who probably exist, will be discovered by the public administrator. If a certainty that the estate will eventually pass to the commonwealth, as in the case just put, does not defeat the claim of the administrator, his claim cannot be defeated by a mere possibility that the commonwealth will take. In a sense, it may, doubtless, be said that the deceased owner has not been identified. His name is in doubt, and his body was buried at sea. But, in the last analysis, identification always differs in degree, and not in kind. That a man's name is in doubt, that he is known by different names, will not

prevent administration upon his estate; and this court is informed that the practice here is not uncommon to administer upon the estates of persons whose names are wholly unknown. Should a guest staying in a hotel foreign to his domicile die suddenly in his room, and should his name and relatives be undiscoverable, the money found on his person would hardly become the property of the chimneysweep or of the chambermaid who should first lay hands upon it. Doubtless extreme cases may be put. If treasure were dug up in a field, so placed that it had been manifestly the property of the unknown man with whose body it had been buried two centuries before, the public administrator might not be entitled to the property, even upon taking out letters upon the estate of the skeleton. To an illustration like this it should be answered, first, that it is not the case at bar, and, second, that in the case supposed the Probate Court would hardly issue the requisite letters. In Russell v. Proceeds of Forty Bales of Cotton (Fed. Cas. No. 12,154), and in Peabody v. Proceeds of Twenty-eight Bags of Cotton (Fed. Cas. No. 10,869) nothing was known of the owners and probably they were alive.

It was further urged that not the public administrator, but the commissioner of wrecks, was here entitled to the goods, by virtue of Pub. St. Mass. (chap. 97). But the commissioner has made no claim, and nothing in the chapter cited forbids the owner to take his wrecked property, if he can find it (see secs. 2 and 8). The salvage hitherto allowed by this court has amply satisfied the claims which might be made before the commissioner under sec

tion 7.

The court has been referred to two cases in the Circuit Court for this district, unreported and without written opinion, in which that court refused to deliver to the public administrator of a deceased seaman his effects and wages. But congress has undertaken to regulate the disposition of such wages and effects. The Circuit Court is not bound to deliver them to the administrator or to the person ordinarily entitled, and need not make any provision for creditors, unless the value exceeds $300, which it did not in the cases referred to (Rev. Stat. sec. 4544).

As the administrator in this case represents the estate and the rights of the undoubted owner, the fund in court must be paid over to him. The decree may contain an express saving of any right which either the salvors or the United States have against the fund while in the hands of the administrator or in the treasury of the commonwealth."

Presumption as to Services Rendered by Children to Parents. In the case of Gonell et ux. v. Taylor et al., decided October 17, 1901, by the Supreme Court of Tennessee (64 S. W. 888), it is held that where a daughter and her husband live with her father and care for him in his old age, it is to be presumed that the services were rendered gratuitously, from motives of affection, unless there be a

showing of an express contract, or such circumstances as will establish an intention on the one part to charge and the other to pay. The court said, in part:

It ex

Children performing services of this character for a parent are presumed to act gratuitously, from motives of affection and duty; and, to entitle them to recover compensation therefor, the burden is upon them to overcome the presumption by showing either an express contract, or such exceptional facts and circumstances as will establish an intention on the one part to charge and on the other to pay, notwithstanding the relation of kinship (Forsee v. Matlock, 7 Heisk. 425; Riley v. Riley, 38 W. Va. 290; 18 S. E. 569, approved in Plate v. Durst [W. Va.], 24 S. E. 580, 32 L. R. A. 406; Ulrich v. Ulrich [N. Y.], 32 N. E. 606, 18 L. R. A. 38; Weir v. Weir's Admr., 3 B. Mon. 645, 39 Am. Dec. 487; Poorman v. Kilgore, 26 Pa. 365, 67 Am. Dec. 524; Dodson v. McAdams, 96 N. C. 149, 2 S. E. 453, 60 Am. Rep. 408). And the presumption of gratuitous service goes beyond the real blood relation of parent and child. tends to stepchildren (Williams v. Hutchinson, 3 Comst. 312, 53 Am. Dec. 301; Ellis v. Cary [Wis.]. 42 N. W. 252, 4 L. R. A. 55); to grandchildren (Dodson v. McAdams, supra); to brother and sister (Taylor v. Lincumfelter, 1 Lea, 83; Hayes v. Cheatham, 6 Lea, 1), and, indeed, to all relatives living together in the same family; but it naturally grows weaker, and, therefore, becomes more easily rebutted, as the relationship recedes. This presumption, which, from the very reason underlying it, must obviously reach its highest and strongest point in the case of a child, quite as certainly and but little less strongly affects the claim of the son-in-law or daughter-in-law who joins the other marital partner in filial services to the latter's parents. In fact, no distinction was taken between the two in Forsee v. Matlock (supra), where the son-in-law joined his wife in attentions to her father, nor in Ulrich v. Ulrich (supra), where the daughter-in-law joined her husband in caring for his mother, but in each instance they were treated as upon the same footing. The presumption was applied against the husband, who was the son and only plaintiff in the latter case, and also against the husband, who was the sonin-law and only plaintiff in the former case. Propostions announced in this opinion are likewise sustained by numerous other authorities - among them, 17 Am. and Eng. Enc. of Law, pp. 336-344, inclusive, and cases there cited. The presumption of gratuitious service arose as to both of these complainants— the son-in-law, as well as the daughter of the deceased — and, that presumption having been overcome as to neither of them, both must be denied a recovery.

John W. Waughop, a prominent lawyer at the Chicago bar for fifty-three years, died November 24, 1901. Mr. Waughop was born April 28, 1823, at Portsmouth, Va.

New Books and New Editions.

Appointments of the Times and Places for Holding the Trial, Special and Appellate Division Terms of the Supreme Court of the State of New York for 1902. Albany: Banks & Company, 1902.

This timely pamphlet of 80 pages, as its title indi

29 66

England; Marriage and Divorce in Roman and in English Law." It is no exaggeration to say that no man living is better qualified to write upon these and kindred topics than the author of "The American Commonwealth." The essays are all distinguished by that careful, painstaking research, profound learning and scrupulous fairness and impartiality that

have given Mr. Bryce's previous works such remark

preme Court from January 1, 1902, to January I, 1903. The arrangement and typography are excellent, and the information contained is indispensable to every practicing lawyer in the State. The pamphlet will be sent to any address on receipt of the price, 30 cents.

Bishop's Directions and Forms. By Joel Prentiss Bishop, LL. D. Second edition by Hon. Winslow Evans, of the Peoria, Ill., bar. Chicago: T. H. Flood & Co., 1901.

The first edition of this very useful work was published in 1885. It completed the author's Criminal Law series, the preparation of which required no less than thirty-two years of a busy life. The plan of the work included the preparation of ample "directions" for the various steps in every sort of criminal cause within the range of the reported cases. It was successful, perhaps beyond the author's expectations, proving for many years a vade mecum to the busy practicing lawyer. In the present edition, the reviser, Winslow Evans, of the Illinois bar, has wisely refrained from changing the text or the forms of Mr. Bishop, for that thorough, painstaking student did his work so well as to leave little for the reviser to do except to bring the annotations down to date. This he has done with care, and in addition has given “forms of bills of exceptions," thus meeting the criticism of the original work for this omission. The book remains essentially that of Mr. Bishop, and as such cannot fail to retain both its usefulness and its popularity with the profession.

Studies in History and Jurisprudence. By James Bryce, D. C. L. Oxford University Press. American branch, New York, 91 and 93 Fifth avenue. London: Henry Froude, 1901.

This volume, as the author tells us in his preface, contains a collection of studies composed at different times over a long series of years. It treats of different topics; yet through many of them runs a common thread, that of a comparison between the history and law of Rome and the history and law of England. None of the studies have previously appeared in print except two, viz., those relating to the United States and to the two Dutch republics; and both of these have been enlarged and revised. Among the subjects treated are: "The Extension of Roman Law and English Law Throughout the World;' "The Constitution of the United States as Seen in the Past;""The Relation of Law and Religion; " "The History of Legal Development at Rome and in

terest for American readers. Asking the question how Tocqueville would have amended his criticisms of the American republic were he to survey the phenomena of to-day, Mr. Brice proceeds to say:

"He would add to his praise of the United States that its people re-established their government on firm foundations after a frightful civil war, that their army went back to its peaceful occupations, that they paid off their debt, that they have continued to secure and to maintain a hitherto unattained standard of a free field for an unparalleled industrial development comfort, that the level of knowledge and intellectual culture has risen enormously. He would admit that he had overrated the dangers to be feared from a tyrannical majority and underrated the strength of the Union. But he would stand aghast, as indeed all the best citizens in the United States do now, at the

mismanagement and corruption of city governments. He would perceive that the party organizations have now become the controlling force in the country, more important than the legislature or the executive. He would recognize the evils incident to the habit of regarding public office as a means of private advantage to its holder and the bestowal of it as a reward for party services. And he would, while gladly owning that the older forms of faction had ceased to be alarming, note a new development which the at and deal with both legislation and foreign affairs spirit of faction has taken in the tendency to look from the standpoint of view of partisan advantage.

Want of foresight or insight in those who direct the affairs of a mighty nation is at all times a misfortune, but when foresight and insight are set aside for the sake of some transitory party gain, the results may be even more serious. This, however, is a tendency inherent in all schemes of government by party. It is familiar and formidable in European countries

also."

A Selection of Cases Illustrative of English Criminal Law. By Courtney Stanhope Kenny, LL. D., of Lincoln's Inn. Cambridge: At the University Press. New York: The Macmillan Co., 1901.

This work consists of an admirably selected list of criminal cases, intended particularly for the use of students. The author has not confined himself to the decisions of the courts of criminal appeal or to modern decisions, or even to English ones. He has shown throughout a remarkable faculty for intelligent condensation, in addition to wise selection. The

copies. The other is a poetical work, which has had the phenomenal run of 25,000 copies - Drummond's "The Habitant."

Dr. Edward Everett Hale will be eighty-one years of age next April, but he appears to be as vigorous in body and keen in intellect as he was a score of years ago. He is seen frequently on the streets of Boston, and his voice is often heard at public gatherings. His pen, too, is extremly busy, but his writings are confined principally to magazine articles, etc. Dr. Hale has been a prolific writer. The new uniform collected edition of his works, published by Little, Brown & Company, consists of ten interesting vol

umes. His famous story, "The Man Without a Country," is one of the classics which is ever in demand.

Novels by new writers of fiction which have attained sufficient popularity during 1901 to be ranked among the "six best selling books," are extremely rare, and successful novels by writers who prefer to conceal their identity are scarce. “Truth Dexter" belongs to both classes. This American society novel has had a curious career. It was originally announced for publication a year ago; it did not appear until spring and, as it was presumably by a new writer, Sidney McCall, it was not regarded by some critics who had not read the book of great importance. Those who were among the first to read "Truth Dexter" pronounced it an intensely absorbing story of great human interest. The career of its principal character, Truth Dexter, proclaimed as "the most lovable heroine in modern fiction," was followed by thousands of readers throughout the country. In Boston, where society life in that faction known as the "Smart Set" was made so real, Truth Dexter became a sensation. Then followed speculation as to its author; such distinguished men as Secretary John Hay and Senator Henry Cabot Lodge were suggested on account of the familiar manner with which the author dealt with international problems. But the publishers, Little, Brown & Company, of Boston, have steadfastly refused to make public the real name of Sidney McCall. When questioned, the only statement this firm of publishers would make was that the fiftieth thousand of “Truth Dexter" was just off the press.

THE LIVING AGE FOR 1902.

During the fifty-eight years of its existence this sterling weekly magazine has steadily maintained its high standard. It is a thoroughly satisfactory compilation of the most valuable literature of the day, and as such is unrivalled. As periodicals of all sorts continue to multiply, this magazine continues to increase in value; and it has become quite indispensable to the American reader. By its aid alone he can, with an economy of time, labor and money otherwise impracticable, keep well abreast with the literary and scientific progress of the age and with the work of the ablest living writers. It is the most comprehen

sive of magazines, and its prospectus is well worth the attention of all who are selecting their readingmatter for the new year. To all new subscribers for Issues for the four months September to December, 1902 the publishers offer free the Seventeen Weekly 1901, inclusive, until the edition is exhausted. Intending subscribers should hasten to avail themselves of this generous offer. The Living Age Co., Boston, are the publishers.

THE YOUTH'S COMPANION FOR 1902.

In 1902 — the seventy-sixth year of its publication Boston, promises more varied attractions for its readThe Youth's Companion, 195 Columbus avenue, ers than ever before, and The Companion always gives more than it promises. The government of the United States will be represented in contributions from Secretary of the Treasury Gage, Secretary of the Navy Long, Postmaster-General Smith and Assistant Secretary of War Sanger—a list, it is believed, never equaled in a previous year.

The government of Great Britain will be represented by contributions from the Duke of Argyll, the Marquis of Dufferin and Ava and the Rt. Hon. James Bryce, T. P. O'Connor and Winston S. Churchill, members of the House of Commons.

Other noteworthy contributors will be Wu Tingfang, Chinese minister at Washington, Booker T. Washington, president of Tuskegee Institute, Justice Brewer, of the United States Supreme Court, Gen. Charles King and Rear Admiral Hichborn, while more than two hundred of the most popular of living story-writers will contribute from four to six fascinating stories to each of the fifty-two issues.

The editorial page discusses the pubic questions of the day in a spirit of impartiality, the aim being to give the reader the material for forming his own opinions.

The departments of current events and nature and science give the important news of the world in condensed form.

The children's page provides diversion for the little ones, and the anecdotes and miscellany have their share in making the paper a complete treasury of good reading.

An illustrated prospectus of the new volume for 1902 will be sent to any address free.

Legal Notes.