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RUSSELL, ISAAC FRANKLIN Equal THE MEDICO-LEGAL QUACK – Joseph
Protection of the Law, The..

425
M. Sullivan ..

359
Judiciary Pre-eminent.

129 THE NEW YORK COURT OF APPEALS.. 255

THE PAYMENT OF FF"" AND THE CUS-
SALVATION OF
JUVENILE DELIN-

TODY OF PAPE. - Frank H. McIn-
QUENTS -- Joseph M. Sullivan ..

127
tosh ....

47
SERVING THE WRIT (Verse).
174 THE REFORM OCTOPUS....

57
SHAKESPEARE'S LAW ..

91 THE SUBJECTIVE LAW IN RELATION
SHORT FORM OF DECISION, THE; CAN

TO AND THE JURISPRUDENTIAL
AN APPEAL BE TAKEN FROM A

SIGNIFICANCE OF, THE RECENT
SHORT DECISION WITHOUT A

FRANCHISE TAX LAW Alexander
CASE?"— Robert L. Cutting, LL. B.. 74

Lee Hirschberg .

41
SHOULD EXPERT WITNESSES BE “RE- THE THANKSGIVING TURKEY.

TAINED?"- William J. Kinsley . 272 THE TRUSTEES' RIGHT TO PURCHASE
SIR FREDERICK POLLOCK ON MAR-

THE TRUST ESTATE - Robert L.
TIAL LAW..
207 Cutting, LL. B..

44
SLAYMAKER, GLENDA BURKE Labor TOM GALVIN, THE KILMAINHAM
Legislation ..

227 HANGMAN -- Joseph M. Sullivan. ..... 71
Rights of Creditors of a Corporation Dis- TRAMP CORPORATION, THE — William
posing of Its Whole Property to Another

E. Church ..

275
Corporation

355 TRIAL BY JURY — Orville C. McLaughlin.. 286
SOLUTION OF THE TRUST PROB- TRIAL OF ALGERNON SIDNEY, THE-
LEM, A Harry Earl Montgomery.... 7 John Freeman Baker ..

415
SPANISH TREATY CLAIMS COMMIS- TRUSTS AND HOW THEY REFUSE TO
SION

193

BE EXTERMINATED - - Henry Woll-
STUDY OF LAW BY WOMEN..

249
STUDY OF MARITIME LAW - George F.
Ormsby ....

331

VALIDITY OF THE PROVISIONS OF
SUICIDE CLAUSE IN LIFE INSURANCE

THE WILL OF THE LATE CECIL
POLICIES — Philip J. Maguire . . ..... 279

RHODES ..

212
SULLIVAN, JOSEPH M.- The American

VALUE OF TRAINED EARS..

397
Dude.

241
VERDICT OF THE LADIES..

137
Ancient Modes of Determining Guilt or

VOTING TRUSTS IN REORGANIZING
Innocence ..

CORPORATIONS, AND FOR
Wit and Humor of Lord Norbury.

157

OTHER PURPOSES -- Robert L. Cut-
Bachelor Lawyer in a Large City, The..... 331

ting, LL. B

187
French Treatment of Juvenile Delinquents, 386
Novel Uses of the Writ of Injunction.
Salvation of Juvenile Delinquents.... 127

WHAT IS MEANT BY “C. O. D.?"....
The Irish Magistrate in the Penal Days.

WHITE, A. A.- Compensation of Judges..... 241
The Medico-Legal Quack...

359

WHY JUDGE GRAY SHOULD BE RE-
Tom Galvin, The Kilmainham Hangman... 71

ELECTED ..

389
The Young Lawyer: His Trials....

425
WIT AND HUMOR OF LORD NORBURY

- Joseph M. Sullivan .
THE COLLATERAL INHERITANCE LAW, 58 | WOMEN AND TRIAL BY JURY...

15
THE CONDITION OF AMERICAN JURIS-

WOLLMAN, HENRY - Trusts and How
PRUDENCE — Judge Rose Criticised.. 358

249

They Refuse to Be Exterminated......
THE HONOR OF THE PROFESSION..... 252

WORLD'S FAIR WORK IN EASTERN
THE IRISH JUDICIARY AND DUELING, 212

STATES ..
THE LAW IN GEORGIA..

210
THE LORE OF LIFE” (Verse) Deer- YOUNG LAWYER, THE; HIS TRIALS –
mont
255 Joseph M. Sullivan

425

398

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ABSTRACTS, CASES IN FULL AND NOTES OF CASES.

PAGE.

ATTORNEY AND CLI settlement for
services -- undue influence .

176

PAGE
MECHANIC'S LIEN – what constitutes con-
sent which will charge owner...

400

nances

328

BANKRUPTCY -- the court has not jurisdic- NEGOTIABLE INSTRUMENT - conflict of
tion to entertain the petition of a lunatic,

law — liability of surety......

86
filed by his committee, to be adjudicated
a bankrupt.

362 PRESUMPTION AS TO SERVICES REN-
BILL-BOARDS cities charter ordi-

DERED BY CHILDREN TO PAR-
363 ENTS ..

24

PERJURY — oath by officer of foreign corpo-
CONSTITUTIONAL LAW – Code of Civil

ration to certificate required by laws of
Procedure, section 1759 — modification of

foreign state ...

203
previous decrees as to amount of ali-
mony ..

293 RAILROAD EMPLOYE - assumption of risk
maintenance of children in institution under

by fellow employe.....

93
private control — when child not a public

REAL ESTATE PURCHASED WITH PEN-
charge

429 SION MONEY SUBJECT TO EXE-
CONTRACTS – public policy waiver of ille-

CUTION ....

215
gality - estoppel ..

94 RIGHT OF PRIVACY Roberson v. The
CREATION OF A TRUST FUND BY WILL

Rochester Folding Box Co. and the
— rate of interest allowable ..

Franklin Mills Co., New York Court of
CRIMINAL LAW – confessions .

136
Appeals ..

319
CRIMINAL LIBEL – entry on church record, 297
GAMBLING DEVICE - seizure illegal use, 339

SALVAGE money recovered from body

found at sea — public administrator -
HUSBAND AND WIFE.

432 right to property of unknown decedent.. 23

SETTLEMENT OF PARTNERSHIP AC-
ILLEGITIMATE CHILD — transfer of cus-

COUNTS — failure to keep proper books
tody by mother — validity . . ...

402
of account ...

403
INJUNCTION — power to restrain false and

STATUTE OF FRAUDS — sale of lands
malicious publications injurious to prop-

oral agreement for re-conveyance — part
erty and business ..

86
performance .

363
IS INSULAR COURTS — in the United States

STOCKHOLDER'S RIGHT TO EXAMINE
district court for Porto Rico.....

164
CORPORATION'S BOOKS.

433
IRRELEVANT REMARKS OF PROSE-
CUTING ATTORNEY..

433 TARIFF LAWS - Philippine islands not for-
LABOR

13
ORGANIZATIONS — refusal of

eign territory ..

TELEGRAPH COMPANIES contract
members to work upon job with mem-

delay ..

340
bers or rival organization....

158

TRADING STAMPS
LIABILITY OF MUNICIPALITY FOR

prohibitory provision

of the Penal Code unconstitutional....... 199
OBSTRUCTIONS IN SIDEWALKS.. 135
MUNICIPALITIES — water supply — clandes- WAR REVENUE ACT — federal stamp taxes
tine taking of water - recovery capac-

- U. S. Circuit Court, Southern District
ity to sue...
216 of New York...

78

The Albany Law Journal.

AR

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ripened judgment, there should be no question

whatever about his retention upon the bench A Monthly Record of the Law and the Lawyers. he has so signally honored. For these reasons, Published by THE ALBANY LAW JOURNAL COMPANY, Albany, N. Y. we believe that we but voice an almost univer

Contributions, items of news about courts, judges and lawyers' sal sentiment in suggesting that partisan poliqueries or comments, criticisms on various law questions, addresses tics be thrown entirely aside and this upright, on legal topics, or discussions on questions of timely interest, are solicited from members of the bar and those interested in legal fearless and extremely valuable member of the proceedings.

court re-elected for another term. [All communications intended for the Editor should be addressed simply to the Editor of THE ALBANY LAW JOURNAL. All letters relating to advertisements, subscriptions or other business matters Relying upon the Rhode Island statute proshould be addressed to Tue Albans Law JOURNAL COMPANY.] viding that whenever death results from a

Subscription price, Three Dollars per annum, in advance. Single wrongful act, the next of kin may maintain an number, Twenty-five Cents.

action therefor if the negligence is such that ALBANY, N. Y., JANUARY, 1902. the deceased could have done so had he lived,

suit was brought in Gorman v. Budlong (49 Current Lopics.

Atlantic Rep. 704), by the father of an infant

Axhich died because of premature birth, the The expiration of the term of office

udget reading of injuries to the mother caused by the Gray as a member of the New Work Court of defendants carelessness and negligence. In Appeals, which, we believe, w occur at the reviewing at length the cases in which recovclose of the present year, agfifterveq tydlijpeg PN has been sought for injuries to an infart public attention to the importante openen yap Before I firth, the court says that the iming the services of wise, learned and experi- puted existence in esse to an unborn child is a enced judges who have not yet doproached the fiction of the civil law by which said child may age at which retirement is made compulsory at the same moment be regarded, for its own by the Constitution of the State. We think it lenest, as in esse, and to its prejudice, not in will be universally conceded by bench and barresse. It is also contended that this action lies and public alike that Judge Gray has, during in analogy to the criminal-law rule that if a the fourteen years in which he has been a mem- child born alive afterwards dies of injuries reber of this high tribunal, made a deep and ceived while in utero, it is murder; but there enduring impress upon its records and upon is no such analogy between the tort and the the jurisprudence of the State; that he has crime. Nor is there any analogy in the statbeen ever faithful, conscientious and courteous. utes providing that posthumous children shall Deeply learned in the law, he has displayed in share in their father's estates. No recovery an eminent degree those qualities of dignity, can be had. firmness, quick comprehension and absolute impartiality which we naturally expect in a A contempt case that will interest the bar member of the judiciary and especially of its and the bench alike is that of Ex parte Stricker highest branch. Judge Gray's opinions, which (109 Federal Rep. 145). The facts of the will be found scattered through the reports for case are brief and simple. Stricker was a Cinthe past fourteen years, are those of the schol- cinnati lawyer, who also practiced in Covingarly lawyer, sound reasoner and faithful ar- ton, Ky. Arriving at the latter place to try a biter. They have enriched the legal literature case in which he was retained, he found the of the State. Such experience as Judge Gray judge was absent in Chicago, and had telehas gained during his long term on the bench graphed the sheriff to adjourn all business unof the Court of Appeals should not be lost to til a future day. Pursuant to the provisions of the State, especially as, if re-elected for a full a Kentucky statute, the attorney requested the term, he will have ten years or more to serve clerk to hold an election for a special judge to before reaching the age limit prescribed by the try the case. The clerk refused. After the reConstitution. In the prime of life, with every turn of the regular judge, the case proceeded to faculty unimpaired, and with seasoned and trial. In the midst of the trial the judge sent

Vol. 64.- No. 1.

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for the clerk, and inquired who the Cincinnati New York. The question arose in the action attorney was who had requested the election of of The People ex rel. the Society of the Free a special judge while he was absent in Chi-Church of St. Mary the Virgin agt. The Comcago. The attorney stood up, and replied in a missioners of Taxes and Assessments of the respectful manner that he was the man. He City of New York. The appeal was by the was ordered to sit down, which he did, and the defendants from reversal of a Special Term orcase proceeded until the noon recess, when the der confirming their assessment of the relator's judge, without further proceedings, announced property for taxes in the year 1899. Judge that Stricker was fined $25 for contempt of Haight, who wrote the opinion, in which all court, and the sheriff would take said Stricker concur, says: in custody until the fine was paid. The peti- “ The relator is a domestic corporation organized tioner applied to the United States District under chapter 218 of the Laws of 1854 exclusively Court for a writ of habeas corpus. Judge for religious, charitable, benevolent and educational Evans, in his opinion, holds that a person who purposes, and for the moral and mental improve

ment of men and women. It is the owner of real is summarily adjudged guilty of contempt property located in the city of New York, consisting without a hearing for an act not committed in of a church building, a mission house, clergy house the presence of the court, and who, in conse- and a rectory. The commissioners of taxes and quence thereof, is imprisoned for non-payment assessments assessed the mission house at $10,000, of the fine imposed, is deprived of his liberty the clergy house at $12,000 and the rectory at $8,000.

The Special Term deducted $2,000 from the assesswithout due process of law, in violation of the ment against the clergy house and then confirmed Fourteenth Amendment to the Constitution of the assessment. The Appellate Division has rethe United States.

versed the order of the Special Term, holding that the relator was not properly assessed for any sum

whatever. Senator Hoar has, it is understood, given

The general tax law of 1896 (chap. 908, sec. 4, notice of his intention to propose an amend- subdiv. 7, as amended by chap. 371 of the Laws of

1- I su ment to the legislative, executive and judicial 1897) provides that the real property of a corappropriation bill, raising the salaries of the poration or association organized exclusively for the federal judges as follows: The chief justice of moral or mental improvement of men or women, or

for religious, Bible, tract, charitable, benevolent, the Supreme Court, from $10,500 to $15,500; missionary

or for two or more such purthe justices of the Supreme Court, from 'poses, and used exclusively for carrying out there$10,000 to $15,000; the Circuit judges, from upon one or more of such purposes; and the personal $6,000 to $9,000; the District judges, from property of any such corporation shall be exempt

from taxation.' $5,000 to $7,000. The proposed increase, as will be seen, is equal to about fifty per cent

Upon the relator's real property is a large church

building devoted to religious services, which is conall around. We hope to see the amendment cededly exempt. The first controversy arises with incorporated in the law so as to make the pro- reference to the mission house located at the southposed increase effective, and agree with our east corner of the church.

The daily use contemporary, the New York Law Jaurnal, in of the chapel for religious services, the constant the view that if there is any criticism to be reception of women and children for counsel and ad

vice, the distribution of charity, with the meeting passed upon the measure it is based upon the of the guilds day and night, would seem to make ground that the above figures do not provide the residence of the sisters in the building necessary for a sufficient increase in the case of District and an incident to the work carried on there, and judges, who are required to live in the larger not an appropriation of the building for other purcities.

poses than that for which the relator was incorporated. We are, therefore, inclined to the view that

this building is exempt.” According to a decision recently handed A clergy house so connected with the church down by the New York Court of Appeals, the building that the lower floor may be used by the property of a society incorporated exclusively congregation at crowded meetings, and which is for religious, charitable, benevolent and educa- regularly used for chapel and Sunday school pur

poses, containing a choir and vestry, and also, on tional purposes is exempt from taxation, under the upper floors, a men's guild, consisting of readingsection 4, subdivision 7, of the Tax Law of room, club-room, billiard-room, library and the sleep

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