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road, by its charter, is given the exclusive right to A municipal corporation owning land use certain parts of the highway, and has laid in navigable lake and its non-navigable outlet is held the soil the foundations for its tracks, and has in New Whatcom v. Fairhaven Land Co. ([Wash.), planted its poles and uses the ground to the exclu- 54 L. R. A. 190), to have no right to appropriate sion of any other person who might desire to the waters of the lake for a municipal water supply, occupy the same. The company has a grant of even under permission of the State, to the injury part of the public estate for its own permanent, of a riparian owner whose rights vested before the exclusive use, and this is an interest in real estate. adoption of the State Constitution, which asserted

ownership in the State of the beds of all navigable The question whether or not a boy ten years old lakes, but provided that it should not debar any is guilty of negligence contributing to his injury

person from asserting his claim to vested rights. is held in Roberts v. Spokane Street R.

Co. ([Wash.], 54 L. R. A. 184), to be for the jury, Injury to a passenger caused by the overturning where at a street crossing he attempts to ride a of a car is held in Southern Pacific Co. v. Tarin bicycle across street railway tracks, and in so doing ([C. C. A. 5th C.), 54 L. R. A. 240), to render a passes behind one car and comes immediately in railroad company liable where it leaves her in the front of another approaching from the opposite car without warning because she cannot understand direction, which, because of its defective condition, the language in which other passengers are warned, cannot be stopped in time to avoid collision with after the engine has been overturned by a washout, him.

and water is running along the track in such a way

as to undermine one side of it and render the overOcean-going tugboats are held in Northwestern

turning of the car probable. Lumber Co. v. Chehalis County ([Wash.], 54 L. R. A. 212), not to be exempt from taxation by the A party to a contract who has received and reState in whose waters they are exclusively em- tained the benefits of a substantial partial performployed, by the fact that they are registered and ance by the other party is held in Kauffman v. taxed at a port in another State where their owner Raeder ([C. C. A. 8th C.], 54 L. R. A. 247), to have is domiciled.

no right to rescind the contract because of the The killing by a deputy sheriff of a person under breach of complete performance by the other party,

but he is held to be limited to compensation therethe mistaken belief that he is one for whose arrest

for in damages. on a charge of felony he has a warrant, and that the killing is necessary to prevent his escape, is

Every criminal trial upon a capital charge preheld in Johnson v. Williams ([Ky.), 54 L. R. A.

sents prominently the dramatic element. Its 220), to render the sheriff liable on his bond, where personalities stand out distinctly upon the inclosed the statute provides that he shall be liable on his stage of the court-room. There is the representabond for any misconduct or default of his deputies. tive of the Accusing People, aggressive, relentless; Officials in charge of the financial affairs of the there is the accused, with his bodyguard of legal

defenders, stubbornly resisting every advance of county are held in Daniel v. Putnam County ([Ga.), 54 L. R. A. 292), to have no authority to purchase the prosecution; there is the long procession of

witnesses, willing or reluctant, tragic or comic – vaccine matter and to make the cost of the same

for comedy is never wanting in these issues of life a charge against the county.

and death; there are the attentive, inscrutable The existence of a law imposing upon a son the twelve good men and true; there is the black-robed duty of supporting his father in case the latter be judge, stern and dignified of mien, checking the comes unable to support himself is held in Life disputants in the duel. But perhaps no more imInsurance Clearing Co. v. O'Neill ([C. C. A. 3d C.], pressive spectacle of its kind was ever presented 54 L. R. A. 225), to give the son no insurable inter- than the calm recital of deliberate murder uttered est in the father's life, in the absence of any expen- during the progress this week of the trial of Patditures, past or prospective, towards such support. rick. The confession of the valet Jones had about With this case is a note reviewing the authorities its monotonous, even delivery a fascination of as to insurable interest in life of parent or child unique horror. The witness droned out his tale as or other relative by blood. An assignment of a ' if it were either a narrative learned by rote, or the policy upon a person's own life to another having account of a monstrous deed whose memory had no insurable interest is held in Chamberlain v. But- become so absorbed into his very being as to proler ([Neb.), 54 L. R. A. 338), to be lawful if done duce no shock in its recall. Innocent or guilty, in good faith, and not by way of cover for a wager the prisoner at the bar ceased during that scene to policy.

be the central figure.- N. Y. Mail and Express.



Ex-Attorney-General Wayne MacVeagh has a law. The governments of Europe protect their changed his views as to the propriety and desirabil- , subjects in this way, and we are belated in copying ity of sending special envoys to represent this coun- their good example. try at coronations and similar monarchial functions. The more I reflect upon it,” he writes, Is insanity a defense to an action to recover dam"the more clear it seems to me that it is alike ages for a wrong independent of contract? Stuundesirable and undignified in us, whose fathers dents of law will think it strange that this question fought seven years to be rid of kings and crowns, was not settled at a very early period of the history to send persons to pay homage to a gentleman of England, but the Supreme Court of New who calls himself a king, and who is putting on his Zealand in the recent case of Donaghy v. Brennan head what he calls a crown.”

(19 New Zealand Law Rep. 289), could find nothing

precisely in point in any reported decision of the Thomas B. Reed says of newspapers:

It must

English courts. The action was to recover dambe confessed that I know very little about newspapers. Probably a good man could not know with a gun. The defense was that, at the time of

ages for assaulting the plaintiff by shooting him much, unless, indeed, he was a publisher or an edi- the commission of the act, the defendant was tor. That the editors and publishers are good men

lunatic and of unsound mind, and by reason of his actuated by the highest motives, I notice incident

mental disease, unconscious of, and wholly unable ally by the newspapers themselves. I do not

to understand, the nature and consequences of the quarrel with them because they admit it, but I wish

act which he was doing. At the trial, the judge they would admit it every day. Which reminds me to say to you that absolute goodness and dis- directed the jury that before finding the defendant

a lunatic they must be satisfied that he was laboring interestedness can be predicated of no profession

under a disease of the mind to such an extent as outside of the law."

to render him incapable of understanding the nature The principle of the bill introduced by Assembly- and quality of the act and of knowing that it was man Landon in the legislature at Albany for the wrong. The jury found that the defendant was purpose of imposing a tax on posters is just and lunatic and of unsound mind at the time of the deserves to be recognized in legislation. The bill assault, and assessed the damages at £750. The levies a tax of one cent for every two square feet defendant moved for judgment on the finding of of surface of every poster displayed in public, ex- the jury, and it was argued on his behalf that the cept those placed upon lands or structures indicat- injury done to the plainter could not be distining the business conducted thereon or therein, and guished from an unavoidal&accident, and that in excepting also legal notices. The proposed aniount a case of doubtful principlel reíerence might be of the tax and the disposition of the moneys col- made to the Roman law, by which in an action for lected under it may be modified in the legislature, a tort the defendant would co the real cause of

be liable if he was but there ought to be no doubt as to the necessity in the exercise of reason and distinguish be of a measure like this. The American Scenic and tween right and wrong, and that Preservation Society has been largely instrumental the injury was the defendant's insanity, which disin introducing the bill, but public opinion is be- abled him from controlling his impulse to commit hind them. A ride on a street car through many violence. The argument for the plaintiff was of the streets of the city, or upon any steam rail- mainly founded on the American decisions. These way in the State, will picture as strong an argu- are summed up in Williams v. Hays (42 Amer. St. ment for the bill as can be easily put into words. Rep. 743), where it is said by Earl, J.: There is a special reason, however, for legislation eral rule is that an insane person is just as responsiof this kind to protect the underground tunnel ble for his torts as a sane person, and the rule apirom deiacement. This the proposed bill will plies to all torts, except, perhaps, those in which effectually do, and the public interest therein is malice and, therefore, intention, actual or implied, so obvious that there is not likely to be serious is a necessary ingredient, like libel, slander, or maopposition. Those who use the tunnel for advertis-licious prosecution." The plaintiff's counsel also ing purposes will be compelled to pay reasonably cited the following passage in the English case of for the privilege, and the revenue therefrom will Weaver v. Ward (Hobart, 134): “If a lunatic kill a be a corresponding relief to the householder and man or the like, this is no felony, because felony the farmer from direct taxes. The law will protect must be done animo felonico, yet in trespass, which the interests of the advertiser as well as the public; tends only to give damages according to hurt or there is a fine for its violation as well as for every loss, it is not so, and, therefore, if a lunatic hurt a mutilation of a poster duly stamped. It is hardly man, he shall be answerable in trespass, and, therenecessary to justify in detail the demand for such i fore, no man shall be excused of a trespass except

“ The gen

it be judged utterly without his fault.” The learned any court. Get off the stand." The decision in the judge, Connolly, J., having decided in favor of the case was reserved, but the court said: “If I grant plaintiff, the defendant appealed to the Supreme a divorce at all, it will go to the woman on the Court, and that court (Stout, C. J., and Williams, grounds of cruelty, and the most extreme cruelty Edward and Martin, JJ.) affirmed the decision practiced by the husband was the attempt to beholding the defendant liable.-- Solicitors' Journal. smirch the character of his wife when he could not

prove his charges. A man who willfully does this The question of the right of a woman to practice ought to be sent to jail for six months and kept on law in Maryland is settled in the opinion of Chief bread and water.”— Ohio Law Bulletin. Justice McSherry in the case entitled In re Maddox (50 Atlantic Reporter, 487). The court holds that Daniel A. Dickinson, former judge of the Suthe right to practice law is not a natural right, preme Court of Minnesota, died at Duluth, Februinherent in every one, but is dependent upon legis- ary 12, 1902, after an illness lasting two years. lative authority. He points out that the constitu

A petition for divorce on very unusual grounds tion provides that any male citizen of Maryland has been filed in the case of Hedler v. Hedler. The possessing specified qualifications might be ad

parties reside in Caldwell, this State. The petition mitted to practice. The amendment of 1898 changes tells the story, and here it is as filed with the the method of admission, but makes no change

chancellor: in the class of persons entitled to admission. Con

“The petition of Walter B. Hedler, of Caldwell, siderable stress was laid upon the fact that the Code in the county of Essex, and State of New Jersey, declares that the masculine gender includes all

respectfully shows that your petitioner was married genders except where such construction would be

on June 1, 1895, at Newark, to Evelyn Stansfield, absurd or unreasonable. The court holds, how

his present wife, since which time they have resided ever, that since women are not eligible to practice in Caldwell, N. J.; and your petitioner further law at the common law, and statutes in derogation shows that his said wife Evelyn, previous to her thereof are to be strictly construed, this article of the Code cannot be construed to mean an author of Barnum & Bailey of the art of charming and

marriage, gave performances in the traveling circus ization for the admission of women. The court further holds that the article of the Code providing further shows that since the marriage of your peti

hypnotizing venomous snakes. And your petitioner for the admission of members of the bar of other tioner his said wife Evelyn has continuously kept States under certain conditions cannot extend to and maintained an assortment of venomous snakes the admission of women who are not members of and reptiles in the house of your petitioner, this the bar of other States; for when that section pro- being done without the consent and permission of vides for the admission of lawyers from other States

your petitioner. And your petitioner further shows it means such lawyers as are entitled to admission

that, on or about the 2d day of December, 1901, under the Maryland law.

about eleven o'clock P. M., the said Evelyn S. HedAn Iowa young man recently proposed marriage ler did retire for the night with your petitioner and to a young woman, but hearing that she had false that, after having so retired, the said Evelyn did hair, he declined to fulfill his engagement.

She arise, and, going to the receptacle in which were brought suit against him for breach of promise, housed the venomous snakes and reptiles, did take

therefrom three snakes and came with them unto but was nonsuited on the ground that she had won the young man's affections under false pretenses.

the couch of your petitioner. And your petitioner

further shows that, after having toyed with the In the trial of a divorce case in Cuyahoga Com- snakes some time, one of them did bite your petimon Pleas a few days ago one of the witnesses tioner in the left thigh, causing the same to swell was, by reason of his own statements, dismissed by and occasioning your petitioner excruciating pain Judge Dissette as unworthy of credit. The wife and necessitating your petitioner's immediate visit was plaintiff in the case charging cruelty. The to Dr. Victor E. Reilly. Your petitioner further husband filed a cross-petition charging infidelity shows that since his first visit to the physician he On the trial an uncle of the defendant testified that was under the constant care and supervision of the he had been intimate with the plaintiff. His testi- said physician, and your petitioner further shows mony was interrupted by the judge with the in- that ever since her marriage she has constantly quiry,“ Do you expect me to believe that you, a had in their home venomous reptiles, much to the friend of the defendant's, invaded the sanctity of his discomfort of your petitioner, and your petitioner home and that he knows all about it?” “Yes, i therefore prays that he may be divorced from wife sir," was the reply. “I don't believe you," said the for the

aforesaid."-- New Jersey Law judge. "No decent man would tell such a story in Journal.






Literary Notes.

Ch. Grunwald; The God of Things," by Florence

Brooks Whitehouse, a modern society novel, with Lucy M. Thurston, author of Mistress Brent,” illustrations by the author; “ The Eagle's Talon, a a story of Lord Baltimore's colony in 1638, has Romance of the Louisiana Purchase," by Sheppard been at work on another book, which will be Stevens, author of “I am the King” and The brought out by her publishers, Little, Brown & Co, Sword of Justice," with illustrations by A. Russell; of Boston, this year. Mrs. Thurston is a Baltimore and In the Country God Forgot," a stirring tale

She was graduated from the Baltimore of the southwest, by Frances Charles. schools, and taught history for two or three years.

Messrs. McClure, Phillips & Co. will publish the Since her marriage her leisure has been devoted to

following books the coming spring: “The Madness the study of history and literature, and she is known of Philip, and Other Stories of Childhood.” Illuslocally as an authority on those two topics. About trated by F. Y. Cory. Josephine Dodge Daskam. five years ago her interest was awakened in Mary-The Blazed Trail,” illustrated. Stewart Edward land colonial history, and, after a prolonged and

White. “Next to the Ground," Martha McCulthorough study, used the material for the historical loch-Williams. Volume of Short Stories, Robert entitled Mistress Brent," which

Barr. Musical Guide, Rupert Hughes. “ Forest actually written in the mountains of Virginia.

Neighbors,” W. D. Hulbert. " The Hound of the Those competent to judge state that the story is a

Baskervilles” (a Sherlock Holmes story), A. Conan faithful picture of Maryland's early history.

Doyle. “Reminiscences of Sixty Years in Public Apropos of the forthcoming centennial of the Affairs,” George S. Boutwell. "The Making of a Louisiana Purchase, Sheppard Stevens, author of Statesman” (a novelette and other stories of Geor“ I am the King” and “The Sword of Justice," has gia), Joel Chandler Harris. “ Political Portraits,” written “In the Eagle's Talon," which Little, William Allen White. “The King and Queen of Brown & Co. will publish in the spring. Her new Hearts ” (fac-simile of original, published in 1806), book is a romance of the Louisiana Purchase, and Charles Lamb. “ An Island Cabin," Arthur Henry. the principal scenes are laid in the middle west and * Red Saunders,” H. W. Phillips. “ Wireless in Paris.

Telegraphy,” Guglielmo Marconi. “Unpublished

Letters of Daniel Webster." " Truth Dexter," by Sidney McCall, which was one of the fiction successes of 1901, is to be brought The fifth edition of Jacob Riis's popular autobiout in England this spring.

ography, “ The Making of an American,” is on the

press for immediate publication. It was only last Little, Brown & Co. will publish this spring a

week that the fourth edition was issued. book by a new and promising western author which is destined attract considerable attention. The title of Owen Wister's new book will be Frances Charles, a Californian, has written a tale“ The Virginian: A Horseman of the Plains.” It of the southwest, entitled “In the Country God will be illustrated with about eight full-page drawForgot.” The hate of a rich old farmer of Arizona ings by Arthur J. Keller and will be published by for his only son is the theme of the story. There The Macmillan Company early in April. are clever bits of philosophy, ably drawn character sketches, and stirring dramatic scenes; and the “ The House with the Green Shutters," by whole book is brimful of human nature.

George Douglas, is having the same experience in

this country that it had in England. There the book Miss Mary Catherine Crowley, author of

slumbered peacefully for several weeks, until AnDaughter of New France," has accepted an invita- drew Lang got hold of it and paid it a glowing tion to address the Michigan Woman's Press Asso- tribute in the London Times. This started it off ciation during its convention at Lake Orion in with a bang. Critics all over England were proJuly.

claiming Mr. Douglas a new master of literature, Capt. Alfred T. Mahan's new book,“ Types of

and his publishers were kept busy turning out new Naval Officers,” has been as warmly praised in editions of the book. In this country the book

started off in the same way. After several weeks England as it was in this country.

of small sales people began to talk of the remarkLittle, Brown & Company will publish the fol- able power of the new book, and it began to repeat lowing books of fiction this spring: “The Heroine its London success. After it had run through a of the Strait; or, A Romance of Detroit in the Time second edition and what was left of the first, of Pontiac," by Mary Catherine Crowley, autlior of Messrs. McClure, Phillips & Co. sent word to the " A Daughter of New France," with illustrations by i daily papers that The House with the Green Shut


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in its third edition. Before that Frederick Trevor Hill, whose first book, The announcement was printed three days later, the Case and Exceptions," a coilection of clever stories book had jumped into its fourth edition.

having to do with the law, was published two or

three years ago, has written another book, a tale Among the new spring books no title suggests of life in New York city, entitled “The Minority.” greater possibilities of interest than “The Thrall Mr. Hill is a promising lawyer in New York, whose of Leif the Lucky.” This is to be a story of Viking professional work has included a manual of quesdays, and the wonder is that no one has used this tions and answers for the guidance of executors and rich material before. * Leif the Lucky” is, of administrators, which has sold as widely as his course, the Leif Ericsson who had as much to do

fiction. with the discovery of this country as any one else, perhaps. It sounds like a strong book, and the Stephen Phillips, the author of “ Ulysses,” is now publishers say that the young author, who is of in his thirty-fourth year. He is a typical EnglishNorthern descent, has written a story that is going man,

fond of outdoor sports,

enthusiastic to be read.

cricketer and a popular member of the English

clubs. He is said to be an all-round genial comThe ability of a strong individual character to rise panion, quite free from the eccentricities with above the handicap of a depressing childhood of which most geniuses are provided. Through the poverty and discomfort, is cleverly worked out in foresight of England's late queen, he has been Mary Fisher's new story of “Gertrude Dorrance." placed upon the civil list of that land, and so, in a This is Miss Fisher's first venture in fiction, but

at least, is relieved from the cares of she has dealt successfully with several large ques-money-making, which is fortunate, for, like many tions in her novel, and made an attractive narrative literary men, he is not fond of exercising his busias well, with a great deal of human interest.

ness ability. It is a noticeable fact that Mr. Phile'

lips inherits his poetical temperament from his Stephen Phillips's poetic drama, Ulysses,” has

mother, who was related to Wordsworth and the met with a striking success in London, where it Lloyds, Charles Lamb's literary friends. His first was produced on the stage February first by Beer- realization of his rich inheritance came to him in bohm Tree. The Daily Express considers it “ the his fifteenth year, when his mother read aloud to most strikingly imaginative production the present him Coleridge's Christabel," and from that time generation has witnessed." The Daily Telegraph

he determined to be a poet. From 1886 to 1892 he is struck by the “lavish use of color in the riotous followed the profession of actor, appearing in many wooing of the suitors and the haunting lines of

Shakespearean roles. Since his retirement he has beautiful verses which fix themselves in the mem

spent all his time in the hard work which, contrary to

great and enduring work. just been published in America by The Macmillan Company

English Notes. Booth Tarkington, the author of Beaucaire and “The Gentleman from Indiana," talked to an Lady Harberton writes to the Times, commentinterviewer recently, and among many interesting ing on the remarks of Mr. Justice Grantham in things he said that he wrote for eight years before summing up the case against a man he was trying he had a manuscript accepted. Stories, essays, for stabbing his wife at Saffron Walden. The judge poems and miscellaneous articles came back with is reported to have said:

the prisoner disheartening regularity. Mr. Tarkington's home was justified in believing that she (his wife) had is in Indinanapolis, Ind. He is about thirty years formed an unholy affection for another man. If of age, a graduate of Perdue University, and has he had contented himself with boxing her ears, it attended Princeton for post-graduate work. All would only have served her right, for her conduct his energies since leaving college have been em- was enough to drive any man out of his mind." ployed in writing. Without wealth, but backed by Up to the present, says Lady Harberton, I had alrelatives who had faith in his genius, he has toiled ways imagined, first, that a man's striking a woman unremittingly and in the face of great discourage- at all was a cowardly act; secondly, that no one is ment. Mr. Tarkington's mother is a sister of New- entitled to elect himself judge, jury and executioner ton Booth, at one time governor of California, and all in one; and, thirdly, that a “box in the ear" senator from that State. From Senator Booth the (that is, a blow on the side of the head) was a most writer was named. Mr. Tarkington and James dangerous form of assault and unwarrantable under Whitcomb Riley are old cronies.

any circumstances whatever. I could shew Mr.


grandly designed and well-executed play." It has to popular fable, is necessary for the production of




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