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Dew Books and New Editions.

Eagle Blood. By James Creelman. Boston: The

Lothrop Publishing Co., 1902. The Woman's Manual of Law. By Mary A. Greene,

This is a virile novel that will be read by men and LL. B., of the Providence, R. I., Bar. New York,

women with equal interest. In it the author preBoston and Chicago: Silver, Burdett & Co., 1902. sents to us an English nobleman who becomes an

American citizen, out of true affection for this counThis book presents in a clear, simple, yet enter

try; reaching here financially bankrupt, he becomes taining manner, those principles of law governing the business world and domestic life which every

a reporter, and is sent to the Philippines, where the

war fever, ever dormant in the Anglo-Saxon charwoman should know. To-day, when there are num

acter, leads him to enlist. The British lion's blood berless women wage-earners and many women capi- is thus easily converted into the blood of the Ameritalists, it is more necessary than ever before that

can eagle. In his sketches of active service in the women should know the laws governing the holding islands, Mr. Creelman does some of his best work; and management of property. Ignorance of legal but he is equally felicitous, perhaps, in his tribute rights and liabilities is likely to cause financial loss. to American womanhood. It is a book of moveThis manual contains just what business women

ment, strenuousness, and not without touches of need to know. The information is condensed as humor. There is life and color in it; altogether, much as possible, and there are no unnecessary fine

Eagle Blood” makes excellent reading. spun details of legal logic. The book is the result of years of experience as lecturer upon the subject The Henchman. By Mark Lee Luther. New York: of which it treats, not only before seminary students

The Macmillan Company, 1902. and club women, but also before working girls' clubs Mr. Luther has given us in this work a splendid and mothers' meetings.

study of modern politics. The hero, who starts in Three preliminary chapters are given up to laying life in a small country town, without advantages, a foundation for an intelligent understanding of the save his own intellect and ambition, finally reaches matter to follow. The entire cycle of a woman's the gubernatorial chair. His struggles, temptations, life, from her marriage to the grave, is passed in failures, successes are portrayed with real power and review in successive chapters. First the laws affect- not a little genuine humor. The study of “Old ing the domestic relations are considered. Then Silky,” the boss of the party to which the hero follow those dealing with buying, selling, and care belongs, is admirable, and the original will probably of all kinds of property, in every case the peculiar be guessed without much difficulty. Mr. Luther's legal restrictions upon the powers of the woman style is rather out of the common, and the book alwho is married being considered. Lastly, the proper together is one of the best “political novels ” we disposition of property by will and by the laws of have had this year. The story discloses the political inheritance is treated, including the rights of the life of New York State. The plot turns upon the widow or the widower in the property of either. evolution of a governor of the whole people from

Naturally much space is given to the law of do- a man adept in all the baser arts of an unscrupulous mestic relations. Questions concerning the wife's party machine. The story is of his rise from county right to make purchases for herself and have the intrigue in the sandstone region of western New bill charged to her husband, questions as to the York to national prominence and the threshold of mother's right to the custody of her child and her the presidency. He is opposed by the Reform Party, liability for its support, questions as to the right of and his action throughout is influenced by two the husband's creditors to take the wife's property, women, one a young girl, the other a married woman. questions as to whether a wife can will away her The plot is well worked out, and apart from its property, etc., which are of vital interest to every strong appeal to the reader of fiction is likely to woman, are adequately answered in this book. captivate the leisure hours of many a busy man

who has his own views on the effect of politics on The Government of New York; Its History and

character, and on the influence of women in the Administration. By William C. Morey, Ph. D. New York: The Macmillan Company, 1902.

political field. This is one of the excellent series of Hand-books The Splendid Idle Forties. By Gertrude Atherton. of American Government, edited by Lawrence B.

New York: The Macmillan Company, 1902. Evans, Ph. D., and published by the Macmillans. Besides the stories which were originally pubIt is a condensed yet comprehensive survey of the lished under the title of “Before the Gringo Came," government of New York in respect to its historical the book contains a number of new stories, and is growth, its structural features and the administrative illustrated by Harrison Fisher. In its entirety the work which it performs for the benefit of the people. volume contains the full social history of California The volume is intended to be not merely a text-book under the Spanish and Mexican rule. Californians for pupils in schools, but a guide book for all who have long looked upon Mrs. Atherton as the best wish a comprehensive survey of our State institu- social historian of her State. One or two of the tions, with suggestions for a more thorough study stories are true, the rest purely imaginary, but all of the subject. As such, we heartily commend it. are accurate pictures, true to the traditions and customs of the times in those fine old days before the Our Benevolent Feudalism" is the title of Mr. Spanish were driven out of California, and the whole W. J. Ghent's book, to be published this month by fabric of the life was, as it were, part and parcel The Macmillan Company. The work is an elaboraof what can only be seen now in some of the re- tion of an article, “The Next Step; A Benevolent moter parts of old Mexicɔ. The book really forms Feudalism,” which appeared in the New York Ina very complete picture or collection of pictures of dependent April 3, 1902. The article attracted very the social life and arcadia of early California. The considerable attention from conservatives, as well stories will be found extremely entertaining. as liberals and radicals throughout America. New England and Its Neighbors. By Clifton John

“The Four Feathers," Mr. A. E. W. Mason's son. New York: The Macmillan Co., 1902.

new novel, will be published this month by The Like his preceding volumes on England and other

Macmillan Company. Mr. Mason fully sustains in countries abroad, this deals primarily with the life this book his reputation as a writer of stories of

action. of the farm folk. It is a record of rustic character

The interest is intense throughout. The istics, pleasures and troubles, aspirations and whim-love story is sustained with much skill. The scene sicalities, of the homes and little villages, and the is the Soudan war, and the tale is one of love and conversation of the people. It has to do exclusively heroism that will hold the interest of men and with the northeastern portion of the United States,

women alike. and thus to a peculiar degree is a book of the

Dr. Edward Everett Hale's “Memories of a HunYankee. Their ways and their environments have dred Years ” will be published early in November in never been more graphically and faithfully depicted. two volumes, with many portraits and fac-similes It will appeal with especial force to all those who of interesting letters and other illustrations. In his in childhood or in vacation days have themselves long and active life Dr. Hale has been in touch with seen something of country life in this section. The almost every prominent man and woman associated text is accompanied by over one hundred illustra- with the country's social and political history during tions, which give charming glimpses of many varied the last century. It will be, undoubtedly, one of the phases of rural life and nature.

most interesting biographical works published dur

ing the fall. Literary Notes.

Mr. Jacob A. Riis' new book will be published this

month. He calls it “ The Battle With the Slum," Walter Sichel's Some Phases in Fiction” in It will contain about one hundred illustrations, six The Living Age for October eleventh, touches a sub- of which will be by Thomas Fogarty. It is a comject of perennial interest and treats it freshly and plement, and, as it were, a following volume to justly.

“ How the Other Half Lives.” That was the pioneer

work showing the conditions. This shows the batThe interest in Mrs. Carter Harrison's new book

tle which has been waged with those conditions, the of fairy tales, “ Prince Silver wings,” has been so great that a second edition has been put to press which were used and which are still being used.

improvement that has been effected, and the means before date of publication. Frederic Remington, famous for his drawings of

Miss Beulah Marie Dix follows up the remarkable army life and Indian warfare, publishes this month, success which she achieved in her “Making of Christhrough The Macmillan Company, his first novel, topher Ferringham” with a story which she calls which he calls “ John Ermine of the Yellowstone." "A Little Captive Lad.” The times are Cromwel

lian, and the captive lad is a cavalier, full of the Mr. F. Marion Crawford has turned to the scene selfish greed and pride of his caste. The plot deof some of his greatest successes for the plot of his velops round the child's relations to his Puritan new novel

Cecilia: A Story of Modern Rome,” relatives. It is well told with plenty of action, which The Macmillan Company will publish this admirably illustrated with eight full-page illustramonth.

tions by Will Gréfé. The first volume of “An Illustrated History of Theodore Roosevelt on “ The Presidency." BeEnglish Literature,” by Richard Garnett and Ed- fore his nomination for the vice-presidency, Theomund Gosse, will appear riext month. The complete dore Roosevelt wrote expressly for The Youth's work will be in four volumes and will be a monu- Companion an article on "The Presidency.” It will mental, popular, yet scholarly treatment of English be published in the number for November sixth, literature, profusely illustrated with whatever can this being one of the remaining weekly issues of 1902 entertain the eye or assist the memory. A very large sent free from the time of subscription to every new number of the best accedited portraits of English subscriber who at once sends $1.75 for The Comauthors, many of them hitherto unknown to the panion's 1903 volume. When this article on “The public, will be reproduced, together with autographs, Presidency was written no one could have foretitle pages, caricatures, and whatever else can add seen or dreamed even that its author would so soon to the legitimate illustration of the subject.

be called upon to take up the duties of the great

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office. For this reason alone what Mr. Roosevelt gard. On a certain occasion when pleading a case has to say possesses extraordinary interest, and will at the bar Mr. B. observed that he would conclude be eagerly awaited by persons of all shades of politi- his remarks on the following day unless the court cal opinion. A twenty-eight page prospectus of the would consent to "set" late enough for him to 1903 volume of The Youth's Companion and sample' finish them that evening. Sit, sir," said the judge, copies of the paper will be sent free to any address. not set, hens set.” “I stand corrected, sir,” said The Youth's Companion, 144 Berkeley street, Bos- the counselor bowing. Not long after, while giving ton, Mass.

an opinion the judge remarked that under such and

such circumstances, an action would not “lay.” Margaret Sidney (Mrs. H. M. Lothrop) has had

Lie, may it please your honor," says the counselor, a long and honorable literary career. Her famous

not lay; hens lay." Pepper books, which have delighted children of the

A debate once took place among the members of United States for more than twenty years, are con- the court of another State as to how long they stantly in demand and show no wane in popularity. would set to dispose of the business before them. Her new Pepper book this year, Five Little Pep- Three weeks at last were determined on. “Why, in pers Abroad,” is fully the equal of anything she the name of wonder," inquired a wag at the bar, has done in the past, and the demand for it at the “

do they not set four weeks, like other geese!”— present time is so brisk that it bids fair to run Exchange. ahead of the earlier numbers of the series.

Judge Gray sought to continue what he called The November number of Lippincott's Magazine

the old régime," the solemn state of his court. is filled with fiction, long and short, varied enough Now and then he encountered members of the bar to suit readers of all sorts and sizes. The monthly able to turn the tables on him, but not often. Henry novelette, “ The Other Man," by Frederic Reddale, W. Payne was one and Sidney Bartlett, both leaders is a modern romance with the spice of mystery.

at the Suffolk bar, was another. “Mr. Bartlett," From the diamond fields in South Africa the story said Chief Justice Gray, leaning back in his chair, quickly shifts to high life in Eng nd. A tragedy

' that it not law and it never was law.” To this the happily averted makes a good end to a tale which lawyer promptly and pleasingly replied: “It was shows those desirable gifts, marked originality and law, your honor, until your honor just spoke.” spirited style. Among the shorter stories there is a

If your honor please,” said Payne one day, beginone by Alice Brown, who, it is said, rivals Mary ning a motion. “Sit down, sir; don't you see I am Wilkins in her portrayal of New England types. talking with another justice," thundered the then In this, “ The State-House Platter," she is at her

chief justice. Mr. Payne took his hat and walked besi.

out of the court room. A half hour afterward a Although announced as "an abridged Parkman,” messenger reached his office with a note saying that

“I am not one-volume Parkman," the book entitled " The Judge Gray was willing to hear him. Struggle for a Continent,” published by Little, willing to be heard,” answered the old lawyer. “ u Brown & Co., does not in any way supersede the !

til Judge Gray apologizes.” The apology followed.

Springfield Republican. regular twelve-volume edition of the great historian's writings. Prof. Pelham Edgar, of Victoria

The lawyer for the defense in a recent case tried College, University of Toronto, who edited “The to discredit an old negro who had been called as a Struggle for a Continent,” has simply supplied notes witness, by such questions as: to give a continuous account, as far as possible in Parkman's own words, of the struggle for the pos- the Sam Miller who was arrested and sent to prison

So your names is Sam Miller, is it? Are you session of the American continent, beginning with

for stealing?" the colonization of Florida by the Huguenots in

“No, sah,” replied the darkey. 1562, and culminating in the fall of Quebec in 1759. The volume includes five hundred pages, with maps,

"No? Well, then you are the Sam Miller, aren't portraits of historical personages, and other illus- you, who smashed a lot of store windows once when

drunk and disorderly? " trations, and is especially helpful to the student and

“No, sah. Ise not dat Sam Miller, neither." teacher.

But you've been in jail, haven't you?”

“Yes'ir — once.” Humorous side of the Law.

"A-h-h-h-h! For how long?”
" 'Bout an hour, sir."

"An hour! Be careful! I'm very particular – The perplexities of our English tongue gave a very particular — to get the truth! Now, what do chance for a fusilade of retorts in a western court. you mean by saying you were in jail for only an

The judge was fond of indulging himself occa- hour? " sionally in a joke at the expense of Counselor B, " Ise went there, sir, to whitewash a cell for a a practicing lawyer in the same court, with whom he lawyer who, like yo‘self, sir, was very particular was very intimate, and for whom he had a high re- very particular.” — Exchange.

or a


The Albany Law Journal. services by the people of the State whom he


has so long and so faithfully served. A Monthly Record of the Law and the Lawyers. Published by THE ALBANY LAW JOURNAL COMPANY, Albany, N Y.

The acquittal of Roland B. Molineux upon Contributions, items of news about courts, judges and lawyers' his second trial, and the fair presumption, in queries or comments, criticisms on various law question addresses on legal topics, or discussions on questions of timely interest, are

accordance with the verdict of the jury that solicited from members of the bar and those interested in legal the accused is innocent of the terrible charge proceedings.

which for four years has hung over him, per[All communications intended for the Editor should be addressed haps wrecked his life, and certainly has resimply to the Editor of THE ALBANY LAW JOURNAL. All letters relating to advertisements, subscriptions or other business matters

duced his heroic father to a condition of shonld be addressed to The Albany Law Journal Company.] comparative poverty, form an excellent text

Subscription price. Three Dollars per annum, in advance. Single upon which to sermonize with respect to our number, Twenty-five Cents.

present-day methods of prosecuting criminal ALBANY, N. Y., DECEMBER, 1902.

charges. The people, as well as the bar of

the State, are seriously considering whether Current Lopics.

our system of conducting such trials is just

what it should be, and if it is not, what In the re-election of Judge John Clinton changes should be made therein. The fact Gray to the bench of the Court of Appeals of has been pointed out that the elder Molineux, this State despite the organized and powerful in order to defend the honor of the family opposition of a great political party, there is name and prevent the conviction and execuabundant cause for congratulation. At the tion of a presumably innocent man, has been time of the nomination of Judge Gray by his compelled to part with the larger portion of own party there seemed the slimmest sort of the accumulations of many years of honest chance that his canvass would be successful, labor. He is, too, a veteran of the Civil War, and we have good reasons for the belief that having fought for the life of his country upon Judge Gray himself was not sanguine of the many a bloody battlefield; and the conclusion result; but the people again showed them- drawn that this is but a poor recompense for selves fit to be trusted in a great and crucial those services so unselfishly given. What a issue. That issue was the preservation of the return, in other words, the State has made to character, authority and usefulness of the the old gallant veteran for those services, now bench, free from the contamination of party

that he is in his declining years! politics. The result shows that the popular

In this connection a correspondent of the standard of judicial selection is as high as New York Times makes some very timely and ever, and that it only needs full information valuable suggestions, which are appended for and arousing to make sure that the standard the consideration of the thoughtful: will be applied fearlessly. The verdict of the

First.- If expert witnesses are to be used they people at the polls is that the parcelling out of should be so selected, employed, and paid by the people at the polls is that the parcelling out of State that their testimony should depend solely the places to the “ faithful” shall stop short upon the facts ascertained, not influenced or biased of the bench; that there shall be no division toward either the State or accused. If these genof seats in the highest court, as "spoils” tlemen were not paid to find certain conditions their of office. To the bar of the State of New testimony would not be so conflicting.

Second. — The district attorney should never insist York, and especially to the bar of New

upon a conviction unless the facts permit no other York City, the thanks of all lovers of good conclusion. Of late years it has seemed as if the government are due for rising above narrow assistants were trying to convict as if it was a perpartisanship and presenting the facts of the sonal matter, or trying to establish a great reputacase in their true light. The press, particu- tion for their future benefit. As officers of the larly the independent press, is also to be State, they should be as impartial as the judge

presiding. felicitated. And lastly, Judge Gray is to be

Third.— The prisoner should have the last say to congratulated upon his splendid run and the the jury, so that he might answer, if possible, every magnificent endorsement of his attitude and argument made to show guilt upon the proven facts.

Vol. 64. - No. 12.

Now he must anticipate what may be said by the twelve consecutive hours." This express intention district attorney. If he fail in that, even if the facts to limit the hours is quite inconsistent with an inferproven as to his guilt or innocence are about equal, ence to permit it by contract. If such an inference what chance has he of an acquittal, though entirely could stand it would be possible for parties to avoid innocent, when an able man like Osborne has the the act by their simple consent, and thus to render it last say, if he is determined to convict? All lawyers a nullity. The apparent purpose of the act is not to know the advantage of the last plea to a jury. Such create a right in favor of the employes, which they advantage should be given the accused, to show his might waive, so much as to guard the public safety innocence, and not to the State to convict.

from service too prolonged for alertness in the Fourth. If found innocent, the State should at exercise of reasonable care. If this be so, the least pay the accused the reasonable expense he has public safety cannot be made dependent upon private incurred in defending his name and life when un contracts. justly accused.

The dissenting opinion of Judge Blodgeti Without at all endorsing all of the above concludes as follows: suggestions, it may be said that at least some

To the constitutionality of such legislation I canof them are worthy of being followed by the not assent, whether it is sought to be justified as a authorities. We have more than once in the valid exercise of the police power or as an exercise course of the past few years made somewhat of the reserved right to alter and amend the charsimilar ones. The Molineux trial will be

acter of incorporation of the several companies

affected thereby. worth perhaps all it cơst if there shall come Section 2 of the act provides : “That it is the as a result of it some such reform in the true intent and purpose of this act to limit the usual method of trying persons accused of crimes, hours of labor of the employes of street railway particularly of capital crimes, as has been corporations, as aforesaid, to ten hours' actual work suggested.

a day, to be performed within a period of twelve consecutive hours, as aforesaid, whether such em

plcyes be employed by the trip, the job, the hour, The Supreme Court of Rhode Island re- the day, the week, or any other manner.” cently handed down a decision of considerable

If the hours of labor in any lawful calling may be importance respecting the constitutionality of thus limited by law to ten in each day, beyond the

power of either party to increase, if not to diminish the so-called Ten-Hour Law passed by the them, it follows that they may be limited to eight or general assembly of that State in January to twelve, or to any other number of hours in like last. The statute referred to provided that no manner and with like effect, thus substituting for street railway company might work its em- the constitutional right of individual liberty of conployes more than ten consecutive hours in any tive majority which both plutocrat and demagogue

tract the transient and fluctuating will of a legislatwelve. Its constitutionality was attacked by will unceasingly strive to control and against which the companies affected, and the matter finally the individual will be powerless to defend, alike reached the Supreme Court, which upholds helpless whether the legislative spoliation of the the statute by the concurrent judgment of five employer of the industrial servitude of the employe

shall for the hour prevail. of the seven judges before whom the case

And if the foregoing observations shall seem came up. Of the other two, Judge Douglass have been directed less to the limits of the legislasat silent for the reason that he is a stock-tive power over quasi-public corporations, than to holder in the corporation most directly the limits of the same power over the citizen, it is affected, and Judge Blodgett dissented in a sufficient to reply that the latter is the graver and long and vigorous opinion. As to the con- higher question by as much as the man is above the

dollar. struction of the act, the majority opinion

For the reasons above set forth, I am of the says:

opinion that the act in question is unconstitutional The first section forbids an officer of a company in the particulars enumerated and is wholly void. io exact more than ten hours' work, from which an It follows from the unconstitutionality of the act, inference might arise that it could accept it if ren- and as a necessary conclusion, that a street railway dered voluntarily, as by contract. The second sec. conductor, gripman, or motorman, may freely contion, however, rebuts such an inference, for in that tract for such hours of labor with his company as section the intent is explained as follows: “The may be agreed upon between them. true intent and purpose of this act is to limit the usual hours of labor of the employes of street rail

Judge Blodgett's reasoning seems strong,

Besides way corporations, as aforesaid, to ten hours' actual and his conclusions difficult to avoid. work a day, to be performed within a period of being open to the objection of interfering

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