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W. Johnson, Marcus T. Hun and Henrietta E. King, Therefore, where the wife has the possession of her as executors of the will of J. Howard King, late of | husband's personal property, by virtue of the condiAlbany, deceased, directing the city assessors to tional interest thus given her, she cannot commit review their assessment made upon the King estate. larceny of such property, nor can her paramour be The officers of a national bank have no power to
guilty of such offense, or of receiving stolen goods incur a liability on the part of such bank after it wife delivers the personal property of the husband
(although adultery may have intervened), if the has gone into liquidation which will be binding on,
to such paramour.- Weekly Law Bulletin, Ohio. the shareholders (Moss v. Whitzel, U. S. C. C., W. D. [Mo.], 108 Fed. Rep. 579).
The New York Court of Appeals has taken a
recess to January 6, 1902. There are about eighty A bond securing the payment of a life annuity to another is provable as a debt in bankruptcy for the for January 7, 1901, which will be disposed of before
cases remaining undisposed of on the calendar made amount of the penalty where value of annuity ex
the new calendar for January 6, 1902, is taken up. ceeds such amount (Cob v. Overman, U. S. C. C.
Oral arguments in original motions of any character of App., Fourth Circuit, 109 Fed. Rep. 65).
will be heard on the first Monday of a session only, A court of bankruptcy will not enjoin foreclosure but such motions may be submitted on any Monday proceedings in a State court on a claim of the trus- when the court is in session, provided they are subtee that the amounts claimed by the mortgagees mitted by both sides. therein are excessive, but will direct the trustee to apply for leave to intervene and have the question of tenants and others in a building has been held by
The owner of a passenger elevator for the use determined by the State court (In re Porter, U. S. the Supreme Judicial Court of Massachusetts, in the D. C., D. (ky.), 109 Fed. Rep. 111).
case of Seaver V. Bradley (60 Northeastern ReThe gift of stock to a wife by her husband, made porter, 795) to be under no obligation to carry when he was free from debt, is held to be good, passengers, and not to be a common carrier of in the case of First National Bank of Richmond v. passengers within the
ning of the statutes relatHolland (39 Southeastern Reporter, 126), even ing to the liabilities of common carriers of passenthough the dividends were collected by the husband, gers, and hence is not liable for the death of a and no indorsement or transfer of the stock was passenger caused by the elevator not being in proper made on the books of the corporation.
repair. A train dispatcher has been held, in the case of A pledgee of shares of stock in a national bank Rinard v. Omaha, K. C. & E. Ry. Co. (64 South
as collateral security for a debt due him from the western Reporter, 124), to be an employe running a owner, with power of attorney to transfer the same train, within the meaning of the statute providing on the books of the bank, does not become a stockthat whenever a person shall die from an injury holder, and liable to an assessment as such on the resulting from the negligence of any person in run
failure of the bank, contrary to his intention, by ning any train the railroad shall be liable.
causing the stock to be transferred into the name of
an employe, who holds it for the benefit of all parties The Supreme Court of Kansas has held, in the interested, nor by any other action which is required case of State v. Herbert (66 Pacific Reporter, 235) or is proper for the protection of both his own interthat where an offense is committed in the dark, a ests and those of the pledgor, and not inconsistent witness who could not distinguish the features, but with his retention of the stock merely as pledgee, did hear the voice of the one who committed the such as paying an assessment required by the compoffense, may testify that the defendant was the troller to make good the impaired capital of the offender, and that he recognized him by his voice. bank, and charging the amount to the pledgor (Hig
gins v. Fidelity Ins. Trust and Safe Deposit Co., Judge Pfleger, of the Hamilton County (O.), Com- U. S. C. C. of App., Third Circuit, 108 Fed. Rep. mon Pleas, last week held, in the case of the State
475). v. Harry Honaker, that, not withstanding the acts of 1887 dissolving the fiction of the common law that Congress certainly suffers from no lack of raw husband and wife are one, so far, at least, as the material in digesting the problem how to deal with property rights are concerned, section 3111, R. S., i anarchism. As was anticipated, the nation's lawgives the wife an interest in the property of the hus- making body has been fairly deluged with measures band for her support and the maintenance of lier intended to deal directly or indirectly with the quesminor children. Further, that it was a well-known tion of its suppression. Senator Burrows has a bill, principle of criminal law that where a taker of goods whose central thought is the same as that which was obtains any fitle or interest in personal property fathered by Senator Hill, of New York, and passed as contradistinguished from the mere possession or by the United States senate in 1894. It aims to precustody, he may be guilty of obtaining property vent the immigration of alien anarchists to this under false pretenses, if there was any fraud or mis-country. Mr. Burrows would have it enacted that representation, but he cannot be guilty of larceny.! no alien anarchists shall hereafter be permitted to
land at any port of the United States or be admitted New York trust company claimed that a surplus of into the United States.” The special board of in- $11,000,000 was exempt under Mr. Griggs' interprequiry, authorized by the immigration laws, is directed tation of the law. Not only banks in New York, but to "make diligent investigation concerning the ante financial institutions all over the country have taken cedents of any alien seeking admission into the a like view of the case. “My interpretation of the United States who is suspected of being an anar- law,” said Commissioner Yerkes, “is that undivided chist.” The bill provides for the deportation of all profits and borrowed moneys are part of a bank's who are found to be anarchists, the federal courts surplus. My duty is to collect every cent due the being given jurisdiction; and provision is made for government, and that is what I intend to do.” The twelve immigration agents, whose duty it is to make bankers will take the question into court in view of investigation in foreign countries concerning intend Mr. Griggs' decision. ing immigrants. A resolution offered by Senator McComas, of
The ALBANY LAW JOURNAL has received from the Maryland, provides for the punishment and exclu- publishers a copy of the holiday number of the sion of anarchists, and urges such changes in the “Trade-Mark Record.” Of this number, it is no extradition treaties as will permit the extradition of exaggeration to say that it is the most important, criminal anarchists.
and, in some respects, the most beautiful publication Senator Hoar has introduced a bill which provides ever issued in connection with the trade-mark interfor the punishment with death of any person who ests of the country. The cover is an unique original kills or attempts to kill the president or any officer design accepted after competition among leading of the United States, or the ruler or chief magistrate artists of New York. It represents “Father of any foreign country. Mr. Hoar's bill, furthermore, Knickerbocker” knocking at the door of 1902 with decrees that any person advising the killing of the proper festal emblems, illustrating the season. The president, or of any officer of the United States, or
literary contents of the number are of as high order
Included in the the ruler of any foreign country, shall be imprisoned of merit as the artistic features. for not more than twenty years. Under this bill it rich table of contents are leading articles as follows: might be possible to reach the Emma Goldman type “The Commercial Privacy Rights of Public Perof criminals who lurk in the background and inspire ons,” by the Editor ; “A Trade-Mark and How It Is their dupes to do murder.
Registered,” by J. W. Anderson, of the United States Senator Hoar also offers a resolution which directs patent office; “Trade-Marks in Advertising,” by the judiciary committee to inquire if congress has Charles Austin Bates; “Trade-Mark Rights in the power to legislate for the punishment of anarchists New Colonies,” by the Associate Editor; “Tradewho assassinate or attempt to assassinate the presi- Mark Advance," by Hon. Francis Forbes; “ Tradedent, to prevent the teaching of anarchistic doctrine Marks for the Trans-Pacific Trade,” by Prof. James and to exclude all anarchists coming from foreign L. Hopkins; International Registration of Tradecountries. It also inquires whether it is necessary Marks,” by M. Henri Morel, director of the interor expedient to amend the Constitution so as to give national bureau at Berne, Switzerland; Canadian congress power to establish a penal colony on some Trade-Marks,” by T. Brosseau, King's counsel; island to which anarchists shall be deported.
“ London Letters," by J. E. Evans Jackson, Esq., and In the direction of greater restrictions upon immi- C. Urquhart Fisher, Esq.; “ Words as Trade-Marks,” gration, Senator Lodge has reintroduced his edu: by Dr. John Cutler, King's counsel, London; cation test bill, amended so that only ability to read “Humors of the Trade Marks,” by Samuel Inclemis required. Senator Scott proposes that every immi- ent; “ The Value of Trade-Marks,” by S. A. Phillips, grant secure from an American minister or consul editor of The Advisor; “ Competition in Business and a certificate of character.
Some Instances of Fraud," by George C. Lay, coun
selor-at-law; “Mr. Woolet's Startling Christmas A decision of importance to the banking interests of the country, and which, if upheld by the courts, Hamel; “The Trade-Mark Parade,” a poem illus
Story;” “Introducing a Trade-Mark,” by Samuel A. will in no small way swell the government's revenue, trated with over 100 illustrations. The number is has been handed down by Commissioner of Internal
richly illustrated and contains other matters of genRevenue Yerkes. In brief, he holds that all funds of
eral interest. Editors Wise and Lichtenstein are a bank, excepting those set aside to pay salaries and
to be heartily congratulated upon the success of their deposits which are checked out, come under the
efforts. term “capital and surplus,” and are subject to an internal revenue tax of fifty dollars for a capital of The law abolishing so-called common-law mar$25,000 and two dollars for each additional $1,000. riages, which was enacted by the legislature of New A decision of former Attorney-General Griggs ex- York at its last session, went into effect on January empted undivided profits and borrowed money 1, 1902. It provides that a marriage which is not carried by banks from this taxation. Many banks, solemnized by a minister or other authorized person on learning of this decision, failed to report any shall not be legal, unless the persons desiring to surplus, accounting for all moneys as either borrowed marry sign a written contract in the presence of at or undivided profits, and, consequently, exempt. One least two witnesses subscribing to the same. The contract must state the place of residence of each of the purpose of preventing competition, and operated the parties and witnesses and the date and place of upon a plan for pooling and dividing the passenger marriage, and must be acknowledged by the parties receipts upon an agreed basis. Such a combination and witnesses in the manner required for the is illegal and in violation of the federal anti-trust acknowledgment of a conveyance of real estate to law. For this reason the court refuses the relief entitle the same to be recorded. Such contract shall asked for. be filed within six months after its execution in the office of the clerk of the town or city in which the
Judge William E. Werner is to be the guest of marriage was solemnized. The new law further pro- Genesee, to be given at the Waldorf-Astoria, New
honor at the annual dinner of the Society of the vides that no marriage claimed to have been contracted on or after January 1, 1902, within this state, York, on Saturday, February eighth. The society otherwise than in this article provided, shall be valid is made up of residents of Rochester who lived for any purpose whatever, provided, however, that formerly there or in the valley of the Genesee no such marriage shall be deemed or adjudged to
river. The dinner is given in honor of the elevation be invalid, nor shall the validity thereof be in any
of Justice Werner to the bench of the Court of way affected on account of any want of authority in Appeals. It is expected that more than 100 residents any person solemnizing the same, if consummated of Rochester will accompany Justice Werner to the with a full belief on the part of the persons so
city, among whom will be A. J. Rodenbeck, mayor married, or either of them, that they were lawfully
of Rochester; Congressman J. B. Parsons, William joined in marriage or on account of any mistake in F. Balkam and George Moss. Job E. Hedges, presithe date or place of marriage or in the residence of dent of the society, will preside. Among the either of the parties.
speakers will be Chief Justice Alton B. Parker, of
the Court of Appeals; David J. Hill, first assistant An Irish judge recently commented on the ridicu- secretary of state; Supreme Court Justice Morgan lous method at present adopted for ascertaining chil- J. O'Brien, of the Appellate Division, First Departdren's knowledge of the nature of an oath. He ment, who has just been elected unanimously for a termed it “a ghastly farce,” asking a child whether second term, and William B. Hornblower. he knew what would happen to him if he told a lie, and accepting as satisfactory the invariable reply:
An echo of the crusade of Carrie Nation is heard “I would go to hell.” There is truth in what the in the case of State v. Stark (66 Pacific, 243), in learned judge said, but all such criticism is useless, which the Supreme Court overrules the decision of unless accompanied by a suggestion of some better the municipal courts, and holds that, although places way. The time at trials is generally too precious to where intoxicating liquors are sold are declared by admit of a more extended theological examination statue to be common nuisances, this fact does not of the witness. The “ invariable reply” is, no doubt, justify their abatement by any person without due largely due to the fact of previous coaching on the process of law. Quoting from an old opinion by subject, and may or may not be the child's real Chief Justice Shaw, the court says it is not lawful opinion or belief or indication as to whether he or by the comomn law for any and all persons to abate she has any opinion or belief on the subject.- a common nuisance, although the doctrine may have Canada Law Journal.
beer. sometimes cited in terms so general as to give The recent effort of the eastern railroads to enjoin countenance to this supposition. This right and the ticket scalpers of Buffalo from dealing in special power is never intrusted to individuals in general
without due process of law. tickets issued by them on account of the Pan-American Exposition, which were, by their terms, untrans- Gino C. Speranza, of New York, who has done ferable, has been brought nauglit by the much work in connection with the Italian immigraapplication of the old maxim that he who comes into tion societies, said recently to a New York Evening equity must come with clean hands. In the case of Post reporter, that, in his opinion (which he said Delaware, Lackawanna and Western Railroad Com- was shared by a good many criminal lawyers) the pany v. Frank (119 Fed., 689) the Circuit Court existing immigration laws, if thoroughly enforced, for the Western District of New York sustains the would accomplish all that a special law against anarright of a common carrier to issue and sell special chists could do. “A notorious anarchist is a crimitickets at a reduced fare on condition of the pur- nal," he said, “and could be excluded as such. John chaser's agreement that the ticket shall not be trans- Most, for instance, when he came to this country, ferred, and the contention that the use of such a had been in jail many times. As to the less conticket by another is in violation of the contract, and spicuous figures among the anarchists, believers is an actionable wrong. The court also sustains the merely in the doctrines, who have not made themcontention that a railroad ticket broker may be en-selves conspicuous to the police, there is no possible joined from inducing a holder of such a ticket to way of identifying them. They feel no obligation to violate his agreement by selling the return portion tell the truth to the representatives of a government, of the same. The defense, however, brought out and they do not recognize the sanctity of an oath. the fact that the railroads issuing these tickets were Under the present law a suspicious character can members of the Trunk Line Association, formed for 'be put under bond to keep the peace and kept under
surveillance, so that he can be deported should he in Trinity Term 1837, and has been for many years, prove dangerous in this country. In framing a law and still is, practicing in partnership with his son it will hardly be possible to distinguish between the ' at Portsea and Southsea. philosophical anarchists and the most incendiary
y! A trial which has excited great sensation in type. It will be far better to exclude them under Bavaria has, says the St. James Gazette, just ended the existing provisions of the law than by a special in a sentence of death followed by another of penal enactment for their particular class. I am in favor
servitude. The sentence is not without parallel of making the penalty for an assault upon the presi- nearer home. The house of commons, in regulating dent heavier than it is at present."
the law many years ago, so framed an act of parlia“Our Animal Friends,” a humanitarian paper, ment that the king was liable under it to serve out published in Boston, says, in a recent issue: “We half the transportation sentence of every offender; would commend to the attention of our readers a and last year a judge in California sentenced a lucid and learned article on “ Game as a Commodity prisoner to imprisonment for “half his natural life.” of Commerce,” in the ALBANY LAW JOURNAL for Even President McKinley once commuted a death October, 1901. So long as commerce between the sentence to one of ninety years' imprisonment, and States is subject to regulation by the congress of the in Sicily not long ago a man was convicted on sixtyUnited States, State laws on this subject will be apt three charges, being sentenced to the minimum period to fail of their object in the case above supposed. for each offense. His sentence reached out to 189 Whether a federal law could be so drawn as to meet years; had the maximum penalty been imposed, he the difficulty we are not quite sure. Therefore, in the would have been called upon to serve 630 years ! present condition of things the only sure method
Henry Vaughan, who pleaded guilty at the Linof avoiding this difficulty is to induce the legisla-coln Assizes on Wednesday to breaking into a brewtures of the several States to pass laws forbidding the
ery company's offices, handed in, says the Daily export of game animals, dead or alive, beyond the Mail
, a written statement in which he pointed out boundaries of the State; and the general enactment that with one exception all his criminal offenses of such laws implies the creation of a widespread had been committed on the premises of companies public opinion, which it is the never-ceasing duity and associations. He argued that there was a disof societies like ours to endeavor to create.
tinction between robbing the widow and orphan and The right of the State or its agents to compel stealing a few pounds from a company. Mr. Justice vaccination has lately been the subject of much com
Bigham said the composition did the prisoner great ment, and it was recently judicially passed upon by credit, but the sentence would be twelve months' the Supreme Court of Michigan in the case of hard labor. Matthews v. Board of Education (86 Northwestern, Two more masters of the King's Bench Division 1036). The board passed a rule excluding from the are about to retire, says the Law Journal. Mr. schools children who had not been vaccinated. The George Pollock, the senior master and king's reMichigan law requires, under penalty of fine or im- membrancer, has completed fifty years of service, prisonment, or both, that parents shall send their having been appointed a master of the Court of children to school. The plaintiff was a Christian Exchequer in 1851. He is the third son of Lord Scientist, and refused to have his children vaccinated. Chief Baron Pollock, and was called to the bar at The majority of the court held that it was beyond the the Inner Temple in 1843. Mr. Charles Henry power of the board to make, in the absence of an Walton, who is sixty-five years of age, has been a epidemic of smallpox, a continuing rule excluding master for twenty-seven years, having been appointed from the schools children who had not been vaccin- a master of the Court of Exchequer in 1874. He ated, and granted the petition for a writ of man- is fifteen years younger than Mr. Pollock, and has damus to compel the board to admit the children of
seen twenty-three years less service. Mr. Walton, the plaintiff.
who belonged to the old order of special pleaders,
entered as a student at the Inner Temple in 1857, English Notes.
but was not called to the bar until the year in which
he was appointed a master. With regard to a statement that has been made We all remember the powerful appeal made a year that Mr. Arthur Hastie, of East Grinstead, who died or two ago by the late Lord Russell of Killowen at the age of eighty-six, and who was admitted a for a higher standard in legal education, and how, solicitor in Hilary Term 1838, was the oldest prac- even with his strenuous advocacy, the subject was ticing member of the profession, we are informed treated with the customary neglect by those in that Mr. Richard Joynes Emmerson, of Sandwich, authority, says the Law Times. Something has, inis in his ninetieth year, says the Law Times. He deed, been done within the past decade or so to was admitted in Michaelmas Term 1833, and has improve matters by the council of legal education, practiced at Sandwich continuously. He is now but we are compelled to agree with the Hon. F. M. clerk to the borough magistrates. Mr. William Finch, sometime judge of the New York Court of Pearce, of Portsea, aged eighty-seven, was admitted 'Appeals, who, in the course of his presidential
address to the New York State Bar Association at Bankrupt — No, I don't say that you say that. its last meeting, after referring to the lazy, slipshod Counsel -— When was the receiver appointed ? system under which students might pick up legal Bankrupt - I don't know; I didn't appoint him! knowledge half a century ago in the United States, (Great laughter. Even the face of the dignified proceeded as follows: “It is quite true that this referee was illumined with a broad smile.) crude and lax method of study was paralleled by
“I went into trade once in this city," said Baron that of the Inns of Court in England, which were
Otto von Fritsch, of the Army and Navy Club. long mere scenes of revel and festivity, and even yet do not require too much of the men upon their marily discharged, and when I went to the cashier
After working eighteen dollars worth, I was sumrolls." They certainly do not; and, while, as we I was told there was no money coming to me. have said, something has been done at a vast expense
“ In the boarding-house where I was stopping was to improve the purely legal curriculum, the standard
a young lawyer, who had taken a great fancy to me. of scholarship demanded in the case of those who He seemed to be greatly pained when he learned of cannot produce university credentials is still ludi
my unfortunate experience, and said it was a shame crously low.
to take advantage of a foreigner that way, and, if A marriage was, says the Daily Mail, arranged in I did not mind, he would endeavor to collect the court on Wednesday at the Maidstone Assizes. A eighteen dollars owing me. laborer named James Hawkins, who was indicted
Go ahead,' said I. for attempting to murder a young woman named
“A few days later my lawyer friend informed me Alice Young, whose throat he cut in a fit of jealousy, that he had succeeded in collecting the money due proposed marriage to her directly he entered the me. witness-box. She accepted him in affectionate terms.
"Good!' said I, looking expectant. 'I am glad A sentence of three months with hard labor was you made those sharks give up.' imposed — the lightest, the judge remarked, that
“Yes,' said he, ‘so am I. By the way, I never he had ever given where a dangerous weapon had take a case for less than twenty-five dollars, so you been used.
owe me seven dollars. I shall be glad to have you
remit at your earliest convenience.' The application of Miss Johnston, of London- “Yes," said the baron, as he touched the bell, "you derry, to the benchers to be admitted as a student Americans are certainly masters of finance."— New for the Irish Bar created a mild sensation at the York Times. Four Courts on the 25th ult., especially among the members of the northwest circuit, which Miss
One day the Sligo people say a man from Roughley Johnston would presumably have joined if she had ' O'Byrne was tried in Sligo for breaking a skull in reached the height of her ambition. She is the a row, and made the defense, not unknown in Iredaughter of Sir John B. Johnston, a merchant in, land, that some heads are so thin you cannot be and a former mayor of, the city of Londonderry; responsible for them. Having turned with a look of and, though she does not possess the qualifications passionate contempt towards the solicitor who was that some other Irish ladies have for a call to the prosecuting and cried : “ That little fellow's skull, if bar, her application marks a stage in the course ye were to hit it, would go like an egg shell,” he of events. The Royal University, which, since the beamed upon the judge, and said in a wheedling appointment of the recent royal commission, is voice : “ But a man might wallop away at your lordin the scales, admits women to all its degrees, and ship’s for a fortnight.”- From The Celtic Twilight, there are several learned doctors of law of the by W. B. Yeats. female sex belonging to that university. The three At Harnett county (N. C.) Superior Court Judge Queen's Colleges admit women to their classes and Shipp presiding, the trial of a case had been proexaminations, and in the College of Surgeons and tracted till near midnight. Will Murchison who Physicians they participate in all the privileges was addressing the jury, thought to arouse them; equally with men.- Law Times.
so he said: “Gentlemen, I will tell you an anecdote.” Instantly the jury, the judge and spectators
pricked up their ears and were all attention, as tumorous side of the Law.
Murchison was admirable in that line, had a fund of
anecdote and no one could tell them better. He A valued correspondent in New York sends the then proceeded to tell one of the dullest, prosiest, ALBANY LAW JOURNAL the following:
most pointless jokes possible. Everybody looked At a recent meeting of creditors of an involuntary disappointed. The judge, leaning over, said in an bankrupt, the following examination was had : unmistakable tone of disappointment: “Mr.
Counsel for Creditors — Is there a receiver in Murchison, I don't see the point of that joke." charge of your business?
Nor I, either," was the reply, “but your honor Bankrupt -- Yes.
told it to me: and as I thought the lack of appreCounsel — Do you say that the receiver will benefit , ciation must be due to my obtuseness, I concluded your creditors by conducting your business? I to give the joke a trial by jury."