been feeding its insatiable maw and posed as a Public Benefactor. "What, ho, me minions! (also nonpareils, breviers and small picas). Go tell me new Masters what a kind and gentle Octopus I've ever been, and help me plead the Baby Act. Have I not given you opportunity to bring food to me? Have I not kept you out of the poor-house? Have I not refrained from swallowing you, as I might have done? Have you not had the clam-shells at least, while I have had the solid meats?" To all of which the aforesaid minions replied: "You have, Kind Master, what wouldst thou that we should do?" "Do?" said the Octopus. "Go at once to me new Masters. Make a poor mouth and tell them you will perish unless you are permitted the inestimable privilege of bringing me food. Tell them I'll try hard to be a more benevolent Octopus than ever I've been before. Beg and plead with them to give me another chance." And like the Lobsters they were, they did as they were bid.

But the new Masters steeled their hearts against the awful cry of the distressed Octopus, and actually turned him down.

most convenient repository of things to be remembered and at the same time possesses all the requisite features of an almanac for every-day use. The printed part, as in former years, largely consists of voluntary contributions from bicycle riders of nearly every country in the world. The new edition is very handsomely printed and mounted on a steel holder, whereby the calendar can be hung in any convenient location or placed at any desired angle on the desk. Copies may be obtained by sending ten cents in postage to the American Bicycle Company, Eastern SalesDepartment, 152 Franklin street, New York city.

New Books and New Editions.

Miscellaneous Writings of the late Hon. Joseph P. Bradley, Associate Justice of the Supreme Court of the United States. Edited and compiled by his son, Charles Bradley. Newark, N. J.: L. J. Hardham, 243 Market street, 1902.

This volume was published in December, 1901, for private distribution only, but the great interest at

THE COLLATERAL INHERITANCE LAW.

The ALBANY LAW JOURNAL replies to the question of a correspondent that the Collateral Inheritance Law of New York, chapter 908, Laws of 1896 (chapter 24, General Laws), imposes a tax upon inheritances as follows: One per cent. upon all personal estates of the value of $10,000 and upward, bequeathed to direct descendants (father or mother, brother or sister, wife or husband, children or grandchildren). There is no transfer tax upon real estate bequeathed to relatives of the first degree. A five per cent. tax is imposed upon all property, personal or real, of the value of $500 and upward, bequeathed to others than above enumerated.

remarkable talents of Mr. Justice Bradley, outside of his legal attainments, and especially the heretofore unknown and unpublished "statement of facts" by the majority of the Supreme Court relative to the decision of that court in the famous Legal Tender Cases of 1870, has induced the publishers to issue a limited edition to be sold by subscription only. The volume is of 435 pages, with a fine steel engraving of Justice Bradley, bound in gray buckram. It undoubtedly possesses permanent historical value, disclosing an entirely new side of the great jurist's life. Justice Bradley, by the way, was a native of Albany county, N. Y., having spent his youth and early manhood on a farm in the town of Berne. In addition to a comprehensive and sympathetic sketch of Justice Bradley's life, by his son Charles, the book contains a review of his judicial record, by William Draper Lewis, editor of the American Law Register and Review, and an account of his dissenting opinions by the late A. Q. Keasbey, Esq., of Newark, N. J. It is a volume full of interest, especially to the lawyer and student.

A Treatise on the Law of Attachments, Garnishments, Judgments and Executions. By John R. Rood. Ann Arbor, Mich. : George Wahr, 1901. The author of this excellent and useful work, who is an instructor at the University of Michigan and the author of Rood on Garnishment," Common Remedial Remedies," etc., has divided the book into two parts, the first, the text, arranged in 225 sections, in which is traced the progress of attachment and garnishment causes from beginning to end and of all causes from verdict on, and the second, a collection of decisions upon the matters treated. The author does not claim exhaustiveness for the text; rather, he has sought to furnish a clear outline of the whole

text, and are cited under them. The author has purposely avoided the promiscuous citation of decisions on minor matters, but, for the convenience of those who may wish to investigate any question in detail, standard treatises are constantly cited, in which the decisions will be found reviewed at length. As a valuable aid to the use of the book, the author has made a careful index and a complete table of the cases cited. The work, as a whole, is admirably done, and we heartily recommend it as highly useful, particularly to the student.

The Care of Destitute, Neglected and Delinquent Children. By Homer Folks. New York: The Macmillan Company, 1902.

This is one of the "American Philanthropy of the Nineteenth Century" series, under the capable editorship of Herbert S. Brown. The purpose is to bring to bear upon the practical problems of American social workers a concise knowledge of the historical

evolution through which the charities of the country have passed. The book is limited to the consideration of the care of children who have been removed from their earlier environment and from parental control and the direction of whose lives and the burden of whose support has been provided for by public authorities or private charity. The author has gone at his task with care and patience, has earnestly sought the most authoritative information to be procured, and has succeeded in giving the student a comprehensive view of the subject within a comparatively small compass. Surely, few subjects are more important to society and hence more attractive to the sociologist than that of child-saving. Mr. Folk's

"The Heroine of the Strait" is the title of the new

novel by Mary Catherine Crowley, author of "A Daughter of New France," which Little, Brown & Co. will publish in the spring.

The Harper announcements for the coming year are specially rich and varied in fiction. They include new novels by Mark Twain, Mr. Howells, Robert W. Chambers, Henry Seton Merriman, S. R. Crockett and many other writers of reputation.

The authorship of "Truth Dexter" is one of the best-kept secrets of the season. Not only has the identity of "Sidney McCall" escaped detection, but conjectures are about evenly divided as to whether the name conceals a man or a woman.

Of the twenty-nine different books which appeared in its monthly lists of best-selling books during 1901, The Bookman says, "Twenty-one are the

work of men and Six of women, while the authors of 'An Englishman's Love Letters' and 'Truth Dexter' have never positively been identified. Many think that Sidney McCall is a woman."

Mr. Booth Tarkington's new novel, dealing with the semi-frontier life of Indiana in the days of the Mexican war, is to be published serially in McClure's Magazine this year, beginning at an early date. In the field of sectional fiction, this periodical announces a series of short stories of the "New Mennonites," one of the strictest of religious sects among the Pennsylvania Dutch.

Messrs. Thomas Y. Crowell & Co. announce that

they have in press for immediate publication a new novel by Lucy Cleaver McElroy, author of “Juletty.” The title of the new novel is "The Silent Pioneer," and has for its setting old Kentucky in the time of Daniel Boone. The manuscript for this new novel was completed shortly before the death of Mrs.

to the problems connected therewith, cannot fail to have an important influence in shaping the work of the future in this field of philanthropic endeavor.

Literary Notes.

Miss Mary Johnston's new story, "Audrey," now running as a serial in the "Atlantic," will be issued in book form late this month.

The novel of the month in Lippincott's for February is by the fertile and delightful John Strange Winter, who never grows dull and never deceives. "The Standings," her latest tale, is about a poor painter (in all senses) and his poorer family of girls, one of whom marries another painter who really

year.

The Macmillan Co.'s preliminary list of spring announcements is a long one, and, of course, a good one, in all departments of literature. Among the more important of these early books of the new year we notice The Mastery of the Pacific," by Mr. A. R. Colquhoun, the author of China in Transformation," whose criticism of Lord Salisbury's vacillating policy in the far east, and warnings against Russia's growing influence there will no doubt be repeated in this volume. In fiction this firm announces a new novel by Mr. Charles Major, the author of "When Knighthood was in Flower," called "Dorothy Vernon; " Mrs. Gertrude Atherton's "The Conqueror," being a tale of Alexander Hamilton and his times; "The Virginians: A Tale in Sun

dry Adventure," by Owen Wister; "Oldfield," by Nancy Huston Banks, and "A Little Captive Lad," by Beulah Marie Dix.

Alfred Ollivant's "Bob, Son of Battle," has always been popular, but, though many readers would gladly welcome it, no successor has yet appeared. The author has recently, however, published one or two short stories, the latest of which appears in the February McClure's. "The Lord and the Lady's Glove" is a delightful love story that tells itself charmingly in the vivacious dialogue of the lovers themselves.

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Mrs. Edith Wharton's long-expected novel, "The Valley of Decision," is to be published this month by Messrs. Charles Scribner's Sons. It will run to more than 600 pages, a fact of much interest, since this more than doubles her longest story thus far, The Touchstone." The scene of the story is laid in the Italy of the latter half of the eighteenth century, mainly at one of the little courts which were such epitomes of life and civilization. Mrs. Wharton's first step in the wider field of the novel cannot fail to rouse interest among the many admirers of her wholly admirable short stories.

Speaking of the lesson to be learned from the War of 1812, in his chapter in Vol. VI of Clowe's "The Royal Navy," published in this country by Little, Brown & Co., of Boston, President Roosevelt says:

"There is unquestionably a great difference in fighting capacity, as there is a great difference in intelligence, between certain races. But there are a number of races, each of which is intelligent, each of which has the fighting edge. Among these races the victory in any contest will go to the man or the nation that has earned it by thorough preparation. This preparation was absolutely necessary in the days of sailing ships; but the need for it is even . greater now, if it be intended to get full benefit from the delicate and complicated mechanism of the formidable war engines of the present day.

"No education will fit a coward, a fool or a weakling for naval life. But, as a rule, the war fleets of great nations are neither commanded nor manned by cowards, fools and weaklings; and among brave and intelligent men of different race-stocks, when the day of battle comes, the difference of race will be found to be as nothing when compared with differences in thorough and practical training in advance."

In these days of numerically extraordinary editions it is possibly paying a proper respect to the fashion of the times to note that Rev. Dr. Edward Everett Hale's "Man Without a Country" has passed its half million mark, says the New York Times Saturday Review. When the Spanish war broke out, he thought the lesson he had tried to teach in 1863 was a good one to have remembered while driving the Spaniards from Cuba, and therefore wrote a new introduction to "The Man Without a Country," and

brought it out again. It still found readers of course, and to-day there is scarcely a public or school library in the land which does not have this American classic on its shelves.

Mr. George W. Cable will succeed Miss Mary Johnston in the pages of the "Atlantic Monthly" on the completion of the serial publication of "Audrey" in the spring. Mr. Cable's story, which will be a short one, to run through but three or four numbers of the magazine, is called "Bylow Hill," and deals with New England character and life of to-day. The publication of another serial story by a well-known author will be begun in the summer. The name of author and story have not yet been made public. Among the contributors of short stories to the Atlantic during the year will be John Buchan, Shan Bullock, Katrina Trask, Mary Tracy Earle, Florence Wilkinson and John Kimberly Mumford, who, having told us the facts regarding Oriental rugs, will now weave them into fancy in the "Loommaster of Iran."

In "An Oklahoma Romance," Helen Churchill Candee has given us an excellent story of contemporary interest. There is a contest over a land claim between a young man from an older civilization, Paul Hepburn, and Henry Sloane, the father of the girl he loves. This girl, Ruth, a sort of blossom from a miry soil, is beautifully drawn, and the story of her devotion and its consequences is convincingly true. The style is really charming and the descriptions of western scenes all reach a high plane of excellence. The story is artistically unfolded and the book may be classed as very far above the average of present-day fiction.

Of exceptional value, not only to teachers and students, but to all who appreciate the nice use of words, is the 400-page volume on 'Words and Their Ways in English Speech," which bears on its title page the well-known names of James Bradstreet Greenough, professor of Latin, and George Lyman Kittredge, professor of English in Harvard University. Beginning with a general discussion of the origin of language, its relation to symbolism and poetry, and its assimilation of learned words and popular words, technical terms and slang, the collaborators then turn to the historical development of the English language, its peculiar debt to the Latin, and the unity and complexity of its present form. The chapters on the derivation and composition of words are of especial interest from the philological point of view; those on degeneration, euphemism and exaggeration will attract even the superficial reader; while those on words from the names of animals, persons and places are full of curious bits of learning that connect themselves fascinatingly with everyday life. Two admirable indexes complete the serviceableness of a book which, in both matter and arrangement, shows itself the product of practical scholarship. The Macmillan Co.

Legal Notes.

The ALBANY LAW JOURNAL acknowledges with pleasure the receipt of a copy of a group of photographs of the judges of the New York Court of Appeals, from Mr. Clark Bell, editor of the Medico

Legal Journal (New York). The group, which includes the ten members of the court, Judges Parker, Haight, Gray, O'Brien, Bartlett, Vann, Martin, Werner, Cullen and Landon (now retired by reason of age limit), is finely executed in half-tone and printed on heavy coated paper. It is from advance sheets of the Supreme Courts of the States and provinces of North America in the Medico-Legal Journal.

That money is obtained by fraud is held, in Smith v. Blachley ([Pa.], 53 L. R. A. 849), not to prevent the running of the Statute of Limitations against an action to recover it back, from the consummation of the transaction, unless investigation is prevented by affirmative efforts on the part of the wrongdoer.

The injury to a parent by the negligent killing of his son who is under contract to support him, thereby preventing performance of the contract, is held, in Brink v. Wabash R. Co. ([Mo.], 53 L. R. A. 811), to be too remote to form a basis for recovery on behalf of the parent, in the absence of wilful intent to injure the parent.

Injuries caused to a prison guard by a defective ladder which he was compelled to use by the officers in charge of the State's prison is held in Moody v.

State's Prison of North Carolina ([N. C.], 53 L. R.

A. 855), not to render the State liable, since the State's prison is a mere agent of the State in the administration of its government.

An ordinance requiring all dogs to be securely muzzled, and declaring any dog found running at large without a muzzle to be a nuisance, and that it shall be the duty of the marshal and policeman to kill such dog, is held in Walker v. Towle ([Ind.], 53 L. R. A. 749) to be a valid exercise of the power to enact ordinances for the protection of life, health and property granted by statute.

A landowner for whose benefit a railroad company has constructed and maintained a crossing over its track, who for more than fifteen years uses such crossing in passing from one part of her farm to another, is held, in Atchison, T. & S. F. R. Co. v. Conlon ([Kan.], 53 L. R. A. 781), not to acquire thereby a prescriptive right to the same, but to be a mere licensee.

The Russian commission which has been revising the Criminal Code during the last fifteen years has made its report to the council of the empire, says a St. Petersburg correspondent of the New York Times. The new Code, if adopted, will replace the Code of 1845, and will naturally contain numerous vital changes. The most important innovation will,

it is said, be found in the chapter on the moral responsibility of minors and the mentally defective. This chpater is by Prof. Tagantseff. The Code, in its entirety, has been submitted to various foreign and domestic authorities, including Prof. Franz von Lizst, of Berlin, who is reported to have pronounced it an advance on any Code now in existence. Owing to superior defintion and classification of crimes, the new Code will contain less than one-third as many crimes as the old Code, which has 1,711 paragraphs.

Banishment by order of court is abolished altogether, various forms of imprisonment being substituted. Emperor Nicholas II has already broken up banishment to Siberia by order of court, but, owing to the lack of prisons, banishment could not be done away with altogether, and prisoners continued to be sent to Archangel and tne Island of Saghalin. The ministry of justice has recently exerted efforts to provide the prisons needed, in order to permit the abandonment of judicial banishment when the new Code should be completed. While the action of the emperor did not affect the administrative banishment to Siberia, that is, the sending of political suspects there by order of the police, it is not known that any of the suspects relegated from the capitals last year were sent to Asiatic Russia. The new Code will abolish capital punishment altogether. The old Code retained it for crimes against the imperial family, for treason and rebellion and for evasion of quarantine. Of course the new Code will take cognizance of newly defined crimes, such as blackmail. It will not make an ordinary strike a crime, but

threatens with higher penalties those cases of rioting

and injury to property or person which may be found to have been occasioned by a strike.

THE ALBANY LAW JOURNAL has received a copy of the report of the twenty-fourth annual meeting of the American Bar Association, held at Denver, Col., August 21, 22 and 23, 1901. It makes a handsome volume of 720 pages and contains a large amount of matter of the greatest interest to the lawyer. The annual meeting of the American Bar Association for 1902 will be held at Saratoga Springs, N. Y., on August 27th, 28th and 29th.

The reasonable exercise of care to protect the property of a sleeping passenger is held in Cooney v. Pullman Palace Car Co. ([Ala.], 53 L. R. A. 690) not to be shown, where the company allows a number of passengers to leave the car with baggage in their hands without paying any attention as to whose it is, and an employe is present who knows the baggage of the sleeping passenger and by attention might prevent its removal from the car by a stranger.

To carry out a recommendation by Governor Odell, in his message to the legislature, Senator Slater has introduced a proposed amendment to the State Constitution, which provides that whenever and as often as the number of cases upon the calendar of the trial term of the Supreme Court in any county shall exceed 2,000, the Appellate Division of the depart

ment embracing such county shall certify such fact to the governor, who shall thereupon designate such number of county judges, not exceeding ten, as he shall deem necessary, to act as justices of the Supreme Court for such time as he shall designate, but no longer than until the number of cases upon the said calendar shall have been reduced to 2,000. The county judges so designated shall continue to act as county judges, except during the time for which they shall be designated as justices of the Supreme Court. They shall receive the same compensation for their services as such justices as is paid to justices of the Supreme Court from other departments asigned to the county to which such county judges are designated, to be paid in the same manner. No county judge shall serve as justice of the Supreme Court except while holding the office of county judge, nor shall he sit outside the county to which he shall be assigned. Senator Slater introduced another bill carrying out a recommendation made by the governor, which provides that the governor, instead of the Kings county Supreme Court justices, shall designate to sit in the Kings county Supreme Court justices from outside the Second Department.

A legacy to the "board of managers of the Foreign Missionary Society of the Methodist Episcopal Church," for the education of girls in India, no body of that name being in existence, is held, in Woman's Foreign Missionary Society v. Mitchell ([Md.], 53 L. R. A. 711), to be properly paid to the Woman's Foreign Missionary Society of said church, that being the only foreign missionary society in the Methodist church that is engaged in the particular work to which the legacy is devoted.

A person managing and controlling a public place of amusement to which he invites the public, on payment of an admission fee, who sells intoxicating liquor to one in attendance at such place, and thereby renders him drunk and disorderly, well knowing that when in that condition he is liable to commit assaults upon others, is held in Mastad v. Swedish Brethren ([Minn.], 53 L. R. A. 803), to be bound to exercise reasonable care to protect his other patrons from such assaults, and to be liable in damages for failure to do so at the suit of one assaulted.

An undertaking by two lawyers not general partners in the practice of the law, to conduct litigation for a client, followed for a time by equal division of the compensation paid for the services, is held, in Willis v. Crawford ([Or.], 53 L. R. A. 904), not to render them special partners so as to give equity jurisdiction of a suit for an accounting in case one of them subsequently receives and retains the greater share of such compensation.

By a decision made by Judge O'Gorman, of New York, in the Supreme Court, the claims of the State against Jacob F. Bootman and Howard R. Robinson,

cold-storage men, for violations of the game laws relating to birds have been materially reduced. These men were found to be in possession of a large number of game birds, and in the action brought in the name of the State, at the instance of the chief game protector, to enforce the forfeitures, the aggregate claims amounted to $1,163,315. A demurrer to the complaint was interposed, and Judge O'Gorman, by his decision, finds that no recovery can be had on six of the counts in the complaint, which embrace the bulk of the birds found and reduces the claim of the State by about $825,000. In his decision the judge says: "In order to create an offense under section 39, it must appear not only that the birds are wild, but also that they are birds for which there is no open season. Therefore, if they are birds having an open season, or if there be no express provision that there shall be no open season, the taking or possession of them constitutes no offense. Courts will go far to preserve the paramount intention of the legislature where it is possible to do so, but here the incongruities are so serious and irreconcilable that the construction urged by the plaintiff's counsel can be yielded to only by the court usurping legislative functions." The ruling of the court has a wide effect, inasmuch as it virtually holds that a large class of birds, which hunters call shore birds, are not protected by the present game laws. The decision, in effect, holds that it is no offense to the law to have them in possession out of season, and the implication is that they may be shot any time without liability for any penalty in the way of recovery of money or for a misdemeanor. Most of the birds found in the possession of Bootman & Robinson included plover, snipe and yellow legs, for which there is an open season. For a violation of the game laws a person may be found guilty of a misdemeanor, with a fine of $60, together with an additional fine of $25 for each bird unlawfully taken or possessed.

English Botes.

Owing to the great number of crimes committed by wandering gipsies, the Roumanian minister of the interior has drafted a bill providing that every tribe must settle in the locality in which it may happen to be on the day the new law comes into force.

The privilege extended by the king to Messrs. Safford and Wheeler, the authors of the recently published work, "Privy Council Practice," of dedicating their volume to his majesty, is of a very exceptional and an almost unique character, says the Law Times. The dedication of works to the throne is rarely permitted, and one of the last occasions on which leave was granted to dedicate a treatise dealing with juridical matters to the sovereign was in 1861, when leave was given to Lord Brougham to dedicate his work, "The British Constitution," to her late maesty, Queen Victoria.