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tirely. So it does no violence to common experience It was further held that the public administrator to assume that dogs are liable to be deficient in their of the county in which the admiralty court was loinstincts. Therefore, we frequently hear huntsmen cated, who had been granted letters of administration speak of some dogs as 'true' and ‘staunch,' while on the estate of the decedent by the Probate Court, others will be denounced as unreliable or ‘liars.' It pursuant to the statutes of the State, was entitled sometimes happens that the best trained fox hounds to possession of the remainder of the fund in preferwill lead their masters into a rabbit chase, or ence to the salvors, claiming as the finders of fost pointer will hold his master with trembling excite- goods, whose owner was unknown, or to the United ment while he 'points' a terrapin.”

States, claiming as successor to the prerogative rights

of the king of England. THE PRINTING OCTOPUS AGAIN.

The court said, in part: “It is urged against the administrator's claim. First, that his appointment was

not authorized by the statute, because the fund is Since the Tammany Waterloo in New York city

not in Suffolk county; second, that this court, having the Printing Octopus seems to have had some of its

got possession of the fund, should provide for its tentacles abbreviated. The letting of the contract final distribution, and, third, that the claim of the for the printing of the City Record is a case in point public administrator here is really no more than a The new administration which assumed the reins of

claim by the Commonwealth of Massachusetts to government on the first of the new year is not at all likely to extend any particular favors to the Octopus, property in which it has no right. But, if the fund no matter what any prior regime may have done.

is not in Suffolk county, it is hard to perceive where The Octopus "continues to manifest in various else it is. If the next-of-kin of the deceased owner ways its deep, unselfish regard for the public interests should appear, it is admitted on all hands that, by by again offering to substitute canvas binding in the

some proceeding or other they should obtain the “Official Edition of Law Reports and Session Laws" fiind. Yet this court would not undertake to deter

It would require for the sheep binding heretofore used, notwithstand. mine their distributive shares. ing the well-known fact that such substitution is con- them to take out administration, original or ancillary trary to the terms of the contract entered into by the in the Probate Court of this county, and would then Octopus, besides destroying the uniformity of the pay over the fund to the administrator for distribusets. The large consequent saving that would result, tion among them according to the order of the of course, has no bearing upon the action of the Probate Court. In that case the letters of adminisOctopus in the matter. It would be just as well, tration would be undoubtedly valid, and yet the however, for subscribers to bear these facts in mind fund would be in Suffolk county no more than it before consenting to the substitution.

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. Notes of Cases.

Mass. (chap. 131, secs 7, 12, 14) the fund, if paid to

the public administrator, may ultimately become the Salvage Money Recovered from Body Found at property of the commonwealth; but this might hapSea – Public Administrator -- Right to Property of pen if it was paid to any other administrator (Pub. Unknown Decedent.— In Gardner v. Ninety-nine St., chap. 135, sec. 3). The condition under which Gold Coins, decided by the United States District the commonwealth is entitled to estate in the hands Court, D. Massachusetts, in March, 1899 (111 Fed. of a public administrator and in the hands of any 552), it appeared that a fishing schooner on her other administrator is substantially the same, viz., voyage from Gloucester to the fishing grounds on that no next-of-kin can be found. If the deceased August 17, 1898, found Hoating in the water the body owner had been domiciled in Massachusetts, and of a man who had been a passenger on the Bour- was without next-of-kin, his estate would certainly gogne, sunk in collision on July fourth. Upon the pass to the commonwealth, yet his administrator body was found a wallet containing coins and bank would be entitled to a fund like this. In the case notes to the value of $1,050. The body was imme- at bar it is quite possible that the deceased owner's diately buried by sinking in the usual manner and next-of-kin, who probably exist, will be discovered the money was brought back and paid into a court by the public administrator. If a certainty that the of admiralty. The man's name was not discovered. estate will eventually pass to the commonwealth, as The salvage involved no danger to vessel or crew. in the case just put, does not defeat the claim of It was held that in view of the probability that the the administrator, his claim cannot be defeated by a money would not otherwise have been recovered, mere possibility that the commonwealth will take. and of the meritorious action of the officers and in a sense, it may, doubtless, be said that the decrew in bringing it into court, when they might ceased owner has not been identified. His name is readily have kept and divided it among themselves. in doubt, and his body was buried at sea. But, in one-half the amount would be awarded for the sal- the last analysis, identification always differs in devage services, to be divided between the owners, gree, and not in kind. That a man's name is in master and crew.

doubt, that he is known by different names, will not

prevent administration upon his estate; and this showing of an express contract, or such circumcourt is informed that the practice here is not un- stances as will establish an intention on the one part common to administer upon the estates of persons to charge and the other to pay. The court said, in whose names are wholly unknown. Should a guest part: staying in a hotel foreign to his domicile die sud

Children performing services of this character for denly in his room, and should his name and relatives

a parent are presumed to act gratuitously, from be undiscoverable, the money found on his person motives of affection and duty; and, to entitle them would hardly become the property of the chimney- to recover compensation therefor, the burden is upon sweep or of the chambermaid who should first lay them to overcome the presumption by showing either hands upon it. Doubtless extreme cases may be put. an express contract, or such exceptional facts and If treasure were dug up in a field, so placed that it circumstances as will establish an intention on the had been manifestly the property of the unknown

one part to charge and on the other to pay, notwithman with whose body it had been buried two cen- standing the relation of kinship (Forsee v. Matlock, turies before, the public administrator might not be 7 Heisk. 425; Riley v. Riley, 38 W. Va. 290; 18 S. E. entitled to the property, even uipon taking out letters 569, approved in Plate v. Durst (W. Va.], 24 S. E. upon the estate of the skeleton. To an illustration 580, 32 L. R. A. 406; Ulrich v. Ulrich [N. Y.), 32 like this it should be answered, first, that it is not

N. E. 606, 18 L. R. A. 38; Weir v. Weir's Admr., 3 the case at bar, and, second, that in the case sup- B. Mon. 645, 39 Am. Dec. 487; Poorman v. Kilgore, posed the Probate Court would hardly issue the 26 Pa. 365, 67 Am. Dec. 524; Dodson v. McAdams, requisite letters. In Russell v. Proceeds of Forty 96 N. C. 149, 2 S. E. 453, 60 Am. Rep. 408). And Bales of Cotton (Fed. Cas. No. 12,154), and in Pea- the presumption of gratuitous service goes beyond body v. Proceeds of Twenty-eight Bags of Cotton the real blood relation of parent and child. It ex(Fed. Cas. No. 10,869) nothing was known of the tends to stepchildren (Williams v. Hutchinson, 3 owners and probably they were alive.

Comst. 312, 53 Am. Dec. 301 ; Ellis v. Cary (Wis.). It was further urged that not the public adminis

42 N. W. 252, 4 L. R. A. 55); to grandchildren trator, but the commissioner of wrecks, was here (Dodson v. McAdams, supra); to brother and sister entitled to the goods, by virtue of Pub. St. Mass. (Taylor v. Lincumfelter, 1 Lea, 83; Hayes v. Cheat(chap. 97). But the commissioner has made no hain, 6 Lea, 1), and, indeed, to all relatives living claim, and nothing in the chapter cited forbids the together in the same family; but it naturally grows owner to take his wrecked property, if he can find it weaker, and, therefore, becomes more easily rebutted, (see secs. 2 and 8). The salvage hitherto allowed

the relationship recedes. This presumption, by this court has amply satisfied the claims which which, from the very reason underlying it, must might be made before the commissioner under sec

obviously reach its highest and strongest point in

the case of a child, quite as certainly and but little The court has been referred to two cases in the less strongly affects the claim of the son-in-law or Circuit Court for this district, unreported and with daughter-in-law who joins the other marital partner out written opinion, in which that court refused in filial services to the latter's parents. In fact, no to deliver to the public administrator of a deceased distinction was taken between the two in Forsee v. seaman his effects and wages. But congress has

Matlock (supra), where the son-in-law joined his undertaken to regulate the disposition of such wages wife in attentions to her father, nor in Ulrich v. and effects. The Circuit Court is not bound to de- Ulrich (supra), where the daughter-in-law joined liver them to the administrator or to the person her husband in caring for his mother, but in each ordinarily entitled, and need not make any provision instance they were treated as upon the same footing. for creditors, unless the value exceeds $300, which The presumption was applied against the husband, it did not in the cases referred to (Rev. Stat. sec.

who was the son and only plaintiff in the latter 4544).

case, and also against the husband, who was the sonAs the administrator in this case represents the in-law and only plaintiff in the former case. Propoestate and the rights of the undoubted owner, the stions announced in this opinion are likewise susfund in court must be paid over to him. The decree tained by numerous other authorities

among them, may contain an express saving of any right which 17 Am. and Eng. Enc. of Law, pp. 336-344, inclusive, either the salvors or the United States have against and cases there cited. The presumption of gratuithe fund while in the hands of the administrator or

tious service arose as to both of these complainantsin the treasury of the commonwealth.”

the son-in-law, as well as the daughter of the dePresumption as to Services Rendered by Children ceased — and, that presumption having been overto Parents.- In the case of Gonell et ux. v. Taylor come as to neither of them, both must be denied a et al., decided October 17, 1901, by the Supreme recovery. Court of Tennessee (64 S. W. 888), it is held that where a daughter and her husband live with her John W. Waughop, a prominent lawyer at the father and care for him in his old age, it is to be Chicago bar for fifty-three years, died November 24, presumed that the services were rendered gratuit- 1901. Mr. Waughop was born April 28, 1823, at ously, from motives of affection, unless there be a Portsmouth, Va.

as

tion 7.

64

New Books and New Editions. England; Marriage and Divorce in Roman and in

English Law.” It is no exaggeration to say that no Appointments of the Times and Places for Holding man living is better qualified to write upon these and

the Trial, Special and Appellate Division Terms kindred topics than the author of “The American of the Supreme Court of the State of New York Commonwealth.” The essays are all distinguished for 1902. Albany: Banks & Company, 1902.

by that careful, painstaking research, profound learnThis timely pamphlet of 80 pages, as its title indi- ing and scrupulous fairness and impartiality that cates, contains a full list of appointments of the have given Mr. Bryce's previous works such remarktimes and places for holding the terms of the Su- able vogue among the learned and cultured of both preme Court from January 1, 1902, to January 1, Tocqueville,” will undoubtedly possess peculiar in

hemispheres. The study entitled · Hamilton and 1903. The arrangement and typography are excellent, and the information contained is indispensable terest for American readers. Asking the question to every practicing lawyer in the State. The pam- of the American republic were he to survey the

how Tocqueville would have amended his criticisms phlet will be sent to any address on receipt of the

phenomena of to-day, Mr. Brice proceeds to say: price, 30 cents.

“He would add to his praise of the United States Bishop's Directions and Forms. By Joel Prentiss that its people re-established their government on

Bishop, LL. D. Second edition by Hon. Winslow firm foundations after a frightful civil war, that their Evans, of the Peoria, Ill., bar. Chicago: T. H. army went back to its peaceful occupations, that they Flood & Co., 1901.

paid off their debt, that they have continued to secure The first edition of this very useful work was pub- and to maintain a hitherto unattained standard of

a free field for an unparalleled industrial development lished in 1885. It completed the author's Criminal Law series, the preparation of which required no less comfort, that the level of knowledge and intellectual than thirty-two years of a busy life. The plan of the he had overrated the dangers to be feared from a

culture has risen enormously. He would admit that work included the preparation of ample“ directions" for the various steps in every sort of criminal cause

tyrannical majority and underrated the strength of

the Union. But he would stand aghast, as indeed all within the range of the reported cases. It was suc

the best citizens in the United States do now, at the cessful, perhaps beyond the author's expectations, proving for many years a vade mecum to the busy He would perceive that the party organizations have

mismanagement and corruption of city governments. practicing lawyer. In the present edition, the reviser, Winslow Evans, of the Illinois bar, has wisely re

now become the controlling force in the country, frained from changing the text or the forms of more important than the legislature or the executive. Mr. Bishop, for that thorough, painstaking student of regarding public office as a means of private ad

He would recognize the evils incident to the habit did his work so well as to leave little for the reviser to do except to bring the annotations down to date. vantage to its holder and the bestowal of it as a reThis he has done with care, and in addition has ward for party services. And he would, while gladly given “ forms of bills of exceptions,” thus meeting owning that the older forms of faction had ceased to the criticism of the original work for this omission. Spirit of faction has taken in the tendency to look

be alarming, note a new development which the The book remains essentially that of Mr. Bishop, and as such cannot fail to retain both its usefulness from the standpoint of view of partisan advantage.

at and deal with both legislation and foreign affairs and its popularity with the profession.

Want of foresight or insight in those who direct the Studies in History and Jurisprudence. By James affairs of a mighty nation is at all times a misfor

Bryce, D. C. L. Oxford University Press. Amer- tune, but when foresight and insight are set aside for ican branch, New York, 91 and 93 Fifth avenue. the sake of some transitory party gain, the results London: Henry Froude, 1901.

may be even more serious. This, however, is a tendThis volume, as the author tells us in his preface, ency inherent in all schemes of government by party. contains a collection of studies composed at different It is familiar and formidable in European countries times over a long series of years. It treats of differ

also." ent topics; yet through many of them runs a common thread, that of a comparison between the his- A Selection of Cases Illustrative of English Crimitory and law of Rome and the history and law of

nal Law. By Courtney Stanhope Kenny, LL. D., England. None of the studies have previously ap

of Lincoln's Inn. Cambridge: At the University peared in print except two, viz., those relating to the

Press. New York: The Macmillan Co., 1901. United States and to the two Dutch republics; and This work consists of an 'admirably selected list of both of these have been enlarged and revised. Among criminal cases, intended particularly for the use of the subjects treated are: “ The Extension of Roman students. The author has not confined himself to the Law and English Law Throughout the World;" decisions of the courts of criminal appeal or to mod“The Constitution of the United States as Seen in ern decisions, or even to English ones. He has the Past; ” “ The Relation of Law and Religion ; " shown throughout a remarkable faculty for intelli"The History of Legal Development at Rome and in gent condensation, in addition to wise selection. The volume cannot fail to be of great practical service to 'advice on all pertinent topics of college life, from the students in both hemispheres, in affording brief and choice of the college itself and the kinds of work and vivid illustrations of the practical working of the play and social intercourse to be pursued there to the English criminal law, and for this purpose we heart-'choice of a career at its end. ily recommend it.

Within a month of its publication, “The BenefacCommercial Trusts. By John R. Dos Passos, of the tress ” ran into four large editions. Its popularity

New York bar. New York: G. P. Putnam's Sons. ' bids fair to equal that of “ Elizabeth and Her GerIgor.

man Garden." Unlike that book, however, it is a In this excellent little work, which is substantially novel

, but with so unique a spirit of humor that it is the argument delivered before the Industrial Com- in a class by itself, outside the ordinary run of ficmission at Washington, D. C., December 12, 1899, the .

tion. The old question recurs, who is Elizabeth ? author treats the latter-day problem of trust regula- Miss Marie Van Vorst, who wrote the honeymoon tion with frankness and independence not only, but novel, “ Bagsby's Daughter” (Harpers), in collaboin a way to aid the thoughtful investigator who is ration with her sister-in-law, is the daughter of the seeking to get right on the question. The problem, late Judge Van Vorst, of New York. Judge Van as succinctly stated by the author, is whether the Vorst was judge of the Superior and Supreme operations of natural laws will be a sufficient check Courts, chancellor of the State of New York, presion these mammoth commercial consolidations for the dent of the Century Club, of New York, and founder protection of the people, or whether it is necessary of the Holland Society, of the same city. Miss Van to regulate them by express legislation. The author Vorst has done some good work in short stories, appears to believe that the former proposition is many of which have appeared on this side of the clearly true; he maintains that all laws that have water in Harper's Magazine. been made to prevent combinations of labor, to prevent combinations of manufacturers, to prevent com

The Saturday Evening Post, of Philadelphia, anbinations in produce or breadstuffs or to prevent nounces two new departments, “A Home College " the free and unlimited exercise of commercial re- Course,” designed to meet the wants of ambitious lations,” have been ineffectual and abortive, for the young people who have not had the advantages of a simple reason that the laws of trade, the natural laws university training; and “To the Young Man Beof commercial relations, defy human legislation; ginning Business.” In this latter department the whenever the two clash, the statute law must go

most successful men in a dozen occupations will down before the operations of those natural laws. write about what helped them to the front in their The argument is cogent, and will well repay careful own business, and give a list of books and magazines perusal, no matter upon which side the student of bearing upon it. The educational course will be the subject may be ranged.

conducted by a special faculty composed of professors in the leading colleges.

Literary Notes.

The author of “Madame Butterfly," "Miss Cherry

Blossom," etc., contributes the “complete novel " to The will of the late Sir Walter Besant, the author, Lippincott's Magazine for January. It is called

'Naughty Nan,” and John Luther Long has outdone shows that the gross value of his estate was £8,812.

himself in delicacy of writing, sentiment and plot. Jacob Riis' new book, “The Making of an Ameri- His subject is a new one for him, the flirtation of an can," ran into its second edition on the day of engaged, and most engaging girl with her cousin, publication.

who does courting by proxy for the young clergyman

lover who is abroad. The story is told mostly in the As many copies of “The Crisis ” have been sold in liveliest conversation, just as if it were proceeding six months as have been sold of “Richard Carvel” on the stage, and to stage-effect it owes its unusual in the two years since it was published. The sale of situations and clear, vivid character. each has now reached the figure of 375 thousand copies.

G. P. Putnam's Sons have completed a report of “ George Douglas,” the name that appears on the their publications of the year, showing a total of 122 title page of “The House with the Green Shutters," volumes published, exclusive of special subscription which Andrew Lang considers the strongest novel of editions. Of this number 25 were fiction, 23 art and the year, is the pseudonymn of G. B. Brown, late of general science, 20 history and biography, 9 religious, Baliol College, Oxford.

8 poetical, and 37 general literature. Of the latter

| subdivision 18 are volumes which might be classed as “ The College Student and His Problems” is the standard works. There were two surprises during title of a volume by James H. Canfield, LL. D., libra- | the year in the way of books which circulated far in rian of Columbia University, which will be published excess of the hopes of publishers and authors. One by the Macmillan Company. The book is short, of these is “7,000 Words Often Mispronounced," by admirably written and full of sound, wise and pithy | W. H. P. Phyfe, which has sold more than 55,000

umes.

copies. The other is a poetical work, which has had sive of magazines, and its prospectus is well worth the phenomenal run of 25,000 copies — Drummond's the attention of all who are selecting their reading“ The Habitant."

matter for the new year. To all new subscribers for Dr. Edward Everett Hale will be eighty-one years Issues for the four months September to December,

1902 the publishers offer free the Seventeen Weekly of age next April, but he appears to be as vigorous in 1901, inclusive, until the edition is exhausted. Inbody and keen in intellect as he was a score of years tending subscribers should hasten to avail themselves ago. He is seen frequently on the streets of Boston, of this generous offer. The Living Age Co., Boston, and his voice is often heard at public gatherings.

are the publishers. His pen, too, is extremly busy, but his writings are confined principally to magazine articles, etc. Dr.

The Youth's COMPANION FOR 1902. Hale has been a prolific writer. The new uniform collected edition of his works, published by Little,

In 1902 — the seventy-sixth year of its publication

- The Youth's Companion, 195 Columbus avenue, Brown & Company, consists of ten interesting vol

Boston, promises more varied attractions for its readHis famous story, “The Man Without a Country," is one of the classics which is ever in

ers than ever before, and The Companion always

gives more than it promises. The government of the demand.

United States will be represented in contributions Novels by new writers of fiction which have at- from Secretary of the Treasury Gage, Secretary of tained sufficient popularity during 1901 to be ranked the Navy Long, Postmaster-General Smith and Asamong the “six best selling books,” are extremely sistant Secretary of War Sanger - a list, it is berare, and successful novels by writers who prefer lieved, never equaled in a previous year. to conceal their identity are scarce. “ Truth Dexter" The government of Great Britain will be reprebelongs to both classes. This American society sented by contributions from the Duke of Argyll, the novel has had a curious career. It was originally Marquis of Dufferin and Ava and the Rt. Hon. James announced for publication a year ago; it did not Bryce, T. P. O'Connor and Winston S. Churchill, appear until spring and, as it was presumably by members of the House of Commons. a new writer, Sidney McCall, it was not regarded Other noteworthy contributors will be Wu Tingby some critics who had not read the book of great fang, Chinese minister at Washington, Booker T. importance. Those who were among the first to read Washington, president of Tuskegee Institute, Justice “Truth Dexter" pronounced it an intensely absorb- Brewer, of the United States Supreme Court, Gen. ing story of great human interest. The career of its Charles King and Rear Admiral Hichborn, while principal character, Truth Dexter, proclaimed as more than two hundred of the most popular of living "the most lovable heroine in modern fiction," was story-writers will contribute from four to six fascifollowed by thousands of readers throughout the nating stories to each of the fifty-two issues. country. In Boston, where society life in that fac- The editorial page discusses the pubuc questions tion known as the “Smart Set” was made so real, of the day in a spirit of impartiality, the aim being Truth Dexter became a sensation. Then followed to give the reader the material for forming his speculation as to its author; such distinguished men own opinions. as Secretary John Hay and Senator Henry Cabot The departments of current events and nature and Lodge were suggested on account of the familiar science give the important news of the world in conmanner with which the author dealt with interna- densed form. tional problems. But the publishers, Little, Brown & The children's page provides diversion for the Company, of Boston, have steadfastly refused to little ones, and the anecdotes and miscellany have make public the real name of Sidney McCall. When their share in making the paper a complete treasury questioned, the only statement this firm of publishers of good reading. would make was that the fiftieth thousand of " Truth An illustrated prospectus of the new volume for Dexter" was just off the press.

1902 will be sent to any address free.

THE LIVING AGE FOR 1902.

Legal Notes. During the fifty-eight years of its existence this sterling weekly magazine has steadily maintained its high standard. It is a thoroughly satisfactory com

Judge Paul Wentworth Linebarger, of Chicago, pilation of the most valuable literature of the day,

one of the judges in the Philippines, speaks five lanand as such is unrivalled. As periodicals of all sorts

guages. He studied law in Paris and Madrid. continue to multiply, this magazine continues to in- The New York Court of Appeals has handed down crease in value; and it has become quite indispensable a decision of importance to the taxpayers of Albany to the American reader. By its aid alone he can, generally and to the executors of the will of the late with an economy of time, labor and money otherwise J. Howard King particularly. The decision affirms impracticable, keep well abreast with the literary and an order of the Appellate Division which had affirmed scientific progress of the age and with the work of an order of the Special Term dismissing a writ of the ablest living writers. It is the most comprehen-'certiorari obtained by Henry K. McHarg, Benjamin

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