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case, and the decision of the Supreme Court of Ver- Hitchcock; Local Council, Philemon Bliss, Edward C. mont in the recent case of Poland against the Lemoille Kehr, and George W. Bailey. Nebraska - ViceValley Railroad Company.
President, James M. Wood work; Local Council, D. Henry D. Hyde, of Boston, read a paper on “Extra- H. (alhoun, and Charles Y. Manderson. New Hampdition between the States.” He said this was an im- shire - Vice-President, John H. Shirley; Local Counportant question which had grown up from the early cil, Ossian Ray, C. W. Stanley, and Alonzo P. Cardays of the colonies, and the practice was not uniform penter. New Jersey – Vice-President, A. Q. Keasby; in the States, records not being kept in many so as to Local Council, Garret D. W. Vroom, Charles Borcherbe available for consultation or reference. He cited ling, and R. Wayne Parker. New York - Vicecases which bad become subjects of discussion be- President, Ciarkson N. Potter; Local Council, N. C. tween the governors of several States, and commended Moak, James M. Dudley, and W. B. French. Ohiothe States which had adopted rules for the governance Vice-President, Rufus King; Local Council, George of applicants and governors.
W. Houk, Stanley Matthews, Rufus P. Ranney, W.T. The following members of the Executive Committee McClintock, E. A. Ferguson, and Isaao H. Jordan. were elected, and the meeting adjourned: Arkansas, Pennsylvania – Vice-President- George W. Biddle; J. M. Moore; Alabama, David Clopton; Connecticut, Local Council, A. A. Outerbridge, Henry Green, Geo. Roger Averill; District of Columbia, J. Hubley Ash-Shiras, Jr., and Hugh M. North. Rhode Island ton; Georgia, George A. Mercer; Illinois, Thomas Vice-President, Charles S. Bradley; Local Council, IIoyne; Indiana, Orris Robinson; Kentucky, John Benjamin F. Thurston and W. P. Sheffield. South W. Stevenson; Louisiana, Carleton Hunt; Maine, Carolina - Vice-President, Henry E. Young; Local Almon A. Strout; Maryland, Skipwith Wilmere ; | Council, W. H. Braisley, Charles D. Simonton, and Massachusetts, Edmund H. Bennett ; Michigan, Robert W. Hoyt. Tennessee – Vice-President, WilO'Brien J. Atkinson; Mississippi, Joseph E. Leigh; liam F. Cooper; Local Council --- Albert T. McNeal Missouri, James O. Broadhead; Nebraska, Charles F. and B. M. Estes. Virginia – Vice-President, J. Ran. Manderson; New Hampshire, Albert S. Wait; New dolph Tucker; Local Council, W. J. Robertson, Leigh Jersey, Jacob Weart; New York, Edward F. Bullard ; R. Page, and John W. Daniel. Vermont - ViceOhio, George Hvadley ; Pennsylvania, Thomas E. President, Daniel Roberts; Local Council, Newman Franklin; South Carolina, A. D. McGraw; Vermont, Paul and Aldace F. Walker. West Virginia – ViceLuke P. Poland; Virginia, Robert Ould; West Vir- President, Edward B. Knight; Local Council, Jobn ginia, John A. Hutchinson ; Wisconsin, John W. A. Hutchinson and J. B. Jackson. Wisconsin-ViceCarey.
President, Silas W. Pinney; Local Council, William The following officers were chosen for the ensuing F. Vilas, Alfred S. Carey, and Ephraim Mariner. year:
The resolutions recommended last year by the ComPresident — Edward J. Phelps, of Vermont.
mittee on Legal Education and Admission to the Bar Secretary - Edward Otis Hiukley, No. 43 North were taken up, when Mr. Carleton Hunt recommended Charles street, Baltimore, Md.
several amendments. The resolutions, with a substiTreasurer - Francis Rawle, No. 402 Walnut street, tute offered by Mr. James 0. Broadhead, of Missouri, Philadelphia, Penn.
were debated at considerable length, and finally laid
Resolved, That the several State and other Bar
Associations be respectfully requested to recommend
Then resolutions were adopted calling on the viceRose, J. M. Moore, and P. C. Thweatt. California
presidents and local councils in the several States to Vice-President, John Pomeroy. Connecticut - Vice- report to the Committee on Legal Education the facts President, Origen S. Seymour; Local Council, Henry
in regard to admission to the Bar in their several C. Robinson and C. B. Andrews. District of Colum- States, and the means provided therein for promoting bia – Vice-President, H. H. Wells; Local Council, R.
and facilitating the study of law; said Committee on T. Merrick and Nathaniel Wilson. Delaware – Vice- Legal Education to report the same to the association, President, Anthony Higgins. Georgia – Vice-Presi
with such suggestions as the committee may deem dent, Alexander R. Lawton; Local Council, N. J.
proper. Hammond and L. N. Whittle; Illinois Vice-Presi
The following resolutions were also adopted : deut, Thomas Hoyne; Local Council, Lyman Trum- Resolved, That the Committee on Judicial Adminisbull and Benjamin F. Ayer. Indiana – Vice-Presi- | tration be requested to ascertain, and report at the dents, David Davis and Benjamin Harrison; Local
next session, how far Congress can vest in State courts
power to execute a National bankrupt law. Council, A. W. Hendricks, Asa Igleheart, and Robert s. Taylor. Iowa – Vice-President, G. W. Hammond; requested to ascertain, and report at the next session,
Resolved, That the Committee on Jurisprudence be Local Council, George G. Wright and Oliver P. Shiras. how far the executive officers of the general governKentucky – Vice-President, William Preston; Local ment can reverse the action of their predecessors in Council, William C. P. Bricheridge, James S. Pirke, cancelling land patents which have already been isand John Mason Brown. Louisiana - Vice-President,
NEW BOOKS AND NEW EDITIONS.
JARMAN ON WILLS,
THE Henry Hydes; Local Council, A.
published Frederick D. Linn & Co., of Frank Goodwin, and Charles W. Clifford. Michigan City, with notes by Messrs. Randolph and Talcott, is Vice-President, Thomas M. Cooley; Local Council, before us. We have spoken our mind concerning the Archibald McDowell, John Atkinson, and Edward first volume (21 Alb. L. J. 379), and do not need parWilletts. Mississippi — Vice-President, Lock E. Hous-ticularly to reiterate. The present volume seems in ton; Local Council, R. O. Reynolds, G. A. Evans, and no way inferior to the former, and the work when T. C. Catchings. Missouri — Vice-President, Henry completed must be absolutely indispensable.
anda di D. Alexander. Massachusetts. Vice-President, Theobecond volume de the new edition
of this verseny
BARBOUR'S NEW YORK DIGEST.
assumption that the digest is intelligently executed. Digest of the Decisions of the Supreme Court of the State of
Of this we cannot well judge until the work is comNew York, as reported in Barbour's Reports, now com
pleted, and then indeed only partially. Our criticism is plete in 67 volumes, 1847 to 1877. Omitting cases re- based on the utter absence of any excuse or demaud versed or overruled. By Oliver L. Barbour, LL. D., the for any such work. An artificial demand may be creReporter. Vols. 1, 2. Albany: W. C. Little & Co. 1880.
ated by the fact of publishing. But publishers and Pp. xvii, 1101, xvi, 1203.
book-makers owe it to the legal profession not to bind We had fondly hoped that we had heard the last of useless and heavy burdens on their backs. The volumes Mr. Barbour as a reporter, and of his reports, except before us are badly printed. in the sense in which we hear of a graveyard and peruse its inscriptions. His reports, with Howard's, have long been the bugbear of the legal profession of
CORRESPONDENCE. our State, and the object of satire among the profession elsewhere. Some of this is due to the inseparable de
VENTILATION. fects of a new system, with eight branches of the same court, and some to inexcusable carelessness and dull- To the Editor of the Albany Law Journai : ness of the reporter. The publishers in their circular I heartily concur with the ideas you express in the say:
second editorial on “ Current Topics" in your issue of “This is a valuable series of reports, commencing the 14th inst., in relation to the ventilation of court with the organization of the present Supreme Court, rooms, and further in regard to the trouble that lawunder the Coustitution of 1847, with an elective judi- yers experience in the
nervousness, headciary, and general jurisdiction in both law and equity. ache,” etc., but after all, if one of our profession It covers a period of nearly thirty years, and embraces desires to go to the extreme length of finding out by over five thousand seven hundred and seventy cases. experience just how much the human system can It contains opinions written by some of the ablest stand, let him go into a justice's office in the country judges who have ever adorned the bench, and decisions in the summer, and have his client and his client's upon a great variety of new subjects and questions friends stand at his back as he attempts to try the arising from the sweeping changes made in our judi- cause, and he will feel as though the average Supreme ciary system by the new Constitution, the Judiciary Court room was heaven when placed in comparison. Act of May 12, 1847, and the Code of Procedure. Out
Very truly yours, of the chaos and confusion produced by those radical
JAMES GIBSON, JR. changes, the judges have striven to establish order, SALEM, N. Y., Aug. 17, 1880. system and harmony. And certainly the cases decided by the court during this formative period will never be
UNIFORM INDEXES. less valuable than those of any other portion of time of equal length."
To the Editor of the Albany Law Journal: Except the word "valuable,” all this is true down to The suggestion you have republished from the Daily but not including the last sentence. Barbour's Reports Register -- that reporters might well take the classifihave lost great part of their usefulness, and their use- cations of the U. S. Digest and Am. Rep. Digests as a fulness decreases every year. Their authority in this basis for a somewhat uniform system of indexing State is small; in other States alınost nothing. Nearly might be aided by a brief explanation of the principle every principle has been settled for us by our Court of followed. If you think so, perhaps you will add to Appeals. While Johnson, Wendell, Hill, Denio and these lines some explanation of the American Reports' Paige continue to be highly respectable authorities, method and pass the matter along to the other journals. here and throughout this country, Barbour is rarely The same list of titles could not be used in indexing cited, in our ultimate court, except by ingenious coun- all the reports, for contents of books differ. Federal sel to maintain some untenable position. We have so reports are largely complementary to State reports; often dwelt on the annoying blunders and deficiencies one class needs titles that the other omits. Equity reof Mr. Barbour as a reporter, especially in his later ports and criminal must use different heads. Louisiana volumes, that we do not now purpose to spend time on has many peculiar terins and almost every State has the unpleasant subject. The question now is, what is
But there might perhaps be some common the necessity for a digest of a particular series of old adoption of a principle. reports of an inferior court, during an unsettled and The classification of the United States Digest is formative period, to extend to three volumes and to founded on a principle or theorem condensible thus - I cost the purchaser $16.50? The publisher's circular must not try to give it in full or pursue the subject in admits that “many of the cases may bo found in other detail. digests," but says they are so buried out of sight Law is the effort of society to protect PERSONS, under a mass of other matter, that they are not easily including CORPORATIONS, in their rights and relafound." We have never experienced any difficulty in tions, to guard them in their PROPERTY, enforce finding any decision by resort to Abbott's Digest, their CONVEYANCES and CONTRACTS, aná rewhere the cases in Barbour are placed with those in dress or punish their WRONGS and CRIMES, by the other reports, under appropriate heads; and we do means of judicial REMEDIES, founded upon EVInot now see the benefit of compelling the practitioner | DENCE, and administered by the civil arm of GOVto turn over an additional and partial digest. The ERNMENT. publishers say, "this set of reports contains a great The words in capitals form ten categories roughly mass of valuable live law.” True; but most of that designating ten large fields or classes in which most which is alive has had its life breathed into it by the propositions easily fall. But further subdivision is Court of Appeals, or is better decided by the earlier needed. That is obtained by considering each as incourts. The publishers promise a list of reversed and cluding distinct species, and by making a separate title overruled cases in the last volume. If faithfully exe- for each species, to include whatever is peculiar to it, cuted this will prove a long list, and if they should add while what is applicable to all, or to a species having a list of cases in which the principles involved have no alphabetic name, remains under the broad title. been settled by the Court of Appeals, or by the old Thus we have a broad title PERSONS, for whatever Supreme Court, Court of Chancery, or Court of Errors, applies to all persons in common (such matters as the small residuum would represent the true value of birth, age, death, etc.), and a specific title for each Barbour's Reports. The foregoing is written on the kind of persous and each personal relation distinctively
known by an alphabetical name : APPRENTICES, ATTOR- der. Its weight when shipped for London was 431 NEY AND CLIENT; INDIANS, etc. So we have a broad pounds.” Our correspondent then says: “You know title CRIMES for whatever applies to crimes in com- every thing, or if you don't, you know where to find mon and a specific title for each nominate crime: out about every thing. As a question of law, who ARSON, BURGLARY, LARCENY.
owned this wrolite, the tenant or the landlord ?" We As practical convenience overrides theory, in classi- should say, the landlord, but the tenant could of fication, there are many variations from the theorem. course prevent the removal during his term. For Some arise from the unwillingness of the compiler to another ærolite case, see 20 Alb. L. J. 120. See, also, depart too much from the usual methods of classifying. id. 299. Some are attributable to want of apt, correct names capable of alphabetic arrangement. In many instances An American contemporary has been sorely exer(in the Digest), a specific title formed under one class, cised with the question whether nothing can be dono if it pertains wholly to a specific title drawn from
to put a stop to Dr. Tanner's exhibition; and after another class, is made a subdivision under it, thus: consideration has arrived at the conclusion that LEASE, which is assorted as a species of CONTRACT, "there seems to be no law against a man's making an but pertains wholly to the relation of LANDLORD AND ass of himself." There is no doubt an insuperable TENANT, is a subdivision under it; and COLLISION, obstacle to proceedings against the doctor on the which is a species of WRONGS, but affects only ves- ground of attempted suicide. He does not want or sels, is placed under SHIPPING. Again, instead of the intend to die, but to live, and as Wightman, J., told large titles “Conveyances,” “Remedies" and “Gop
the jury in R. v. Doody, 6 Cox, 463, the question to be erument,'' Deeds,' · Practice," and "United States" considered in such cases is whether the prisoner did in and “States are employed in the printed book. fact intend to take away his life. But we may suggest
One who should endeavor to assort a pile of paragraphs one way in which Dr. Tanner might possibly be visited for an index, by aid of any such theorem might natu- for his iniquities. The life and limbs of every citizen rally first assort them into eleven piles; one for each are under the safeguard and protection of the State, category or class, and one for matters which will not
because they may be called on for the service of the well go in either. These last are best dealt with by State. See Co. Litt. 127b. “Hence," says Coke, "in duplicating them in the two or three classes most ger
my circuit, ir, anno 1 Jac. regis, in.the county of Lei. mane; in that way they are most easily found. Let
cester, one Wright, a young, strong, and lustie rogue, practical convenience always override theory. IIaving
to make himselfe impotent, thereby to have the more now ten classes, the indexer will find some of them
colour to begge or be relieved without putting himself none too large. If it is an equity book, CRIMES, if it
to any labour, caused his companion to strike off his is a criminal book, CORPORATIONS will be small | left hand; and both were indicted, fined, and ranenough. Those which are too large may well be re- somed therefor, and that by the opinion of the rest of duced by considering which species under them occupy the justices, for the cause aforesaid." Dr. Tarner bas much space, and taking what relates to these out for a
imperilled the life which belongs to the State; could separate title. It remains to write cross references to not both he and his abettors be indicted for that ofthe classes and species under the various heterogeneous fense ?- Solicitors' Journal. words and phrases under which a reader, looking in haste and by haphazard, might try to find what he wished.
Lord Eldon, who has just finished a church at a cost Different volumes indexed on this plan would not of near $200,000, and lost valuables worth another exhibit the same titles; but there might be uniformity $100,000 by the hands of Bill Sykes & Company, repreenough in method to aid a reader very much in sents the largest fortune which ever came directly using them all.
from the law. His great-grandfather, the pet ChauBENJ. VAUGHAN ABBOTT. cellor of George III and IV- it was not often that NEW YORK, Aug. 18, 1880.
they approved of the same man - started with little
compelled him to give up his Fellowship at Oxford,
and his father, an old coal-shipper at Newcastle, albeit
well-to-do, was not disposed to lavish money on Jack, CORRESPONDENT sends us the following from
more especially after he had dared to elope at twentythe Davenport Democrat newspaper: “In May, one with Bessie Surtees. The habits of cheese-paring 1879, the largest meteoric stone ever beheld in America and flint-skinning which the pair acquired at their start fell on a farm in Emmet county. The farm belonged were never lost in after years; and it is well kuown to Mrs. Colonel C. H. Perry, of Keokuk. The stone that when Lord Eldon went back to town, on one oclay imbedded fifteen feet deep in the ground for ten or casion Lady Eldon had the shoes takeu off his pony, twelve days, visited by hundreds of people, each one and locked them securely in her desk, to prevent wear carrying off a piece of it. A friend of Mrs. Perry, re- and tear meantime. Not only did he save the bulk siding in this city, wrote her asking her if she would of great earnings at the Bar, but those also he had as not like to have the meteorite stored in the Davenport Chancellor, and for some twenty years he had from Academy of Sciences. She replied that it would cost 20,0001. to 30,0001. a year, for in those days the chan$150 or $160 to get it out and place it upon the railroad cellor was largely paid by fees, which were enormous. train - for something would have to be paid the ten- Besides all this, the bulk of the fortune of his brother. ant of the farm, who claimed a sort of partnership in Lord Stowell, the pillar of international law, ultithe ownership, and if the academy would raise the mately came to swell the Eldons' wealth. Lord Stowamount it might have the stone and welcome. Alas! ell, as judge of the Court of Admiralty during the there wasn't a dollar in the academy treasury, and the long war period, positively coined money, and he too effort to raise the amount failed. Then a Mr. Berge
was exceedingly careful of what he got. No member gave Mrs. Perry $160 for the stone, she supposing that of the family has since been conspicuous for ability. he intended it for an institution in this State - and
The present Earl, who is grandson of the chancelMr. Berge gave the farm tenant $50 or $60 for the right lor, is, like his father before him, a quiet country of way across the fields. And so Mr. Berge got pos- gentleman, whose voice is never heard in the councils session of that stone, and not long since he sold it to of the nation.-New York Times. The Pittsburg the British Museum for $6,500; and there it is to be Legal Journal has changed its form from quarto to placed in a glass case and preserved as a celestial won- 8v0.,-a decided improvement.
The Albany Law Journal.
ALBANY, SEPTEMBER 4, 1880.
but at the same time there is a lively feeling among our profession here that his trial was not marked by the patience, impartiality, and dignity which should characterize the bench. Our people are apt to attribute this to what may be defined as political
This is what we mean by “suspicion,"
A very warm controversy is going on in the Chiury Department, has made an interesting de- cago Legal News respecting the use of the word cision. A joint resolution of Congress provides 'garnishee” as a verb. Some lawyer has actually that employees in the government printing office are been bold enough to defend this vulgar corruption. to be paid wages for legal' holidays on which the We think he must have been retained to do it. It office is closed, in cases where other employees of seems to us that there can be no question about the the government are so paid. This, he holds, ap- matter. The verb is garnish; the noun is garnishee. plies to the case of the 4th of July falling on Sun- Neither Webster nor Worcester gives any counteday, and celebrated and observed on the 5th. He nance to garnishee as a verb. The best reporters, defends this on principles of statutory construction, such as Mr. Chaney, use garnish as the verb. In and by the usage of the government. He observes: some of the older reports the practice was other* There had been a usage in the government print-wise. On principle, one might as well say that land ing office for many years, by which holidays were is mortgageed, or a note indorseed, as to say that a observed and the employees paid as if they had ren- debt is garnisheed. Our profession make a similar dered service. And if a holiday fell on Sunday, mistake in using guarantee as a noun describing an the next day was observed and employees paid agreement. The noun is guaranty; the verb is therefor. Thus, the 4th of July was on Sunday in guarantee. We know Webster gives both words as 1869 and 1875, and the 1st of January was on Sun- nouns and as verbs, but it is not elegant, for it day in 1865, 1871, and 1876, but in each case the makes no distinction between the agreeing, the next day was observed and paid for. This usage agreement, and the person benefitted by the agreewas subsequently discontinued. The other department. The Southern Lar Review, in a notice of a ments of the government for many years observed recent volume of Wisconsin Reports, speaks of and continue to observe the usage which had pre- “injunctive” and “evincive" as coinages. The vailed in the government printing office. The dis- writer justly criticizes the title-pages of reports continuance of the usage in the government print- announcing “cases argued and determined,” as ing office left the employees therein less favored tautological, but congratulates this reporter on havthan those of other departments. The object of the ing ceased to announce that the cases are argued and statute was to place all on the same footing, and determined by himself. A little less fear of literagive like advantages to all rendering service in like ture would not harm some of our profession.
The evident design was that no distinction should be made on account of the place of
The Master of the Rolls is unquestionably a very service. Without this construction, the equity of
learned and acute judge, but it seems to us that he the resolution in some measure fails."
is unlike George Washington, who, according to
Artemas Ward, “never slopped over. In the The London Law Times says: “The greatest re- recent case of Ginesi v. Cooper, 42 L. T. (N. S.) spect is paid in this country to decisions of Ameri- 751, he held that the vendor of a business and á can courts and the opinions of the legal press. We good will might be restrained from soliciting or in are surprised to observe that the ALBANY LAW any way endeavoring to obtain the patronage of his JOURNAL concludes a comment upon the decision former customers. This is undoubtedly correct as on the writ of error in the Tichborne case with the a general proposition. In this case, however, the remark, ‘We receive every thing from an English purchaser was, by the terms of the sale, at liberty court concerning the claimant with a grain of sus- to use the vendor's name in the business for two picion.' Our contemporary appears irritated because years, and the court held that on the vendor's reasthe Tweed case was not accepted as a settlement of suming business at the end of that period, he might the question in the claimant's favor. We would re- be restrained as above. We are not prepared to mind him that respect for American judges does say
that this is wrong, although in the absence of not mean subservience to their opinions." The any agreement not to reassume business, we should statement in the first sentence quoted we believe to feel inclined to hesitate about approving it. But be generally correct; but the decision complained when the learned judge continues, " but I go further, of exhibited an ignorance of the constitution of and say that he must not deal with the old customour courts and the grounds of the adjudication in ers,” he certainly “slops over.” A sale of good the Tweed case that half amused and half annoyed will can only bind the will of the vendor; it cannot the legal profession of this State, and a flippancy
bind the will of the customers; and if they choose, and an impatience that extorted a rebuke even from uninfluenced by the vendor, to deal with him rather English law journals. The claimant is generally than with the purchaser, they cannot be prevented, considered in this country as great a rascal as Tweed, nor can he be debarred from assenting to their pre
VOL. 22.- No. 10.
ference. Fortunately, the learned judge admits heart; of little passion and no impulse; so cold and that his remark is obiter. Since writing the above clammy, that he might bave been a fish; a creature we have discovered that our impression has been
whose lean brain and thin blood, cautious egotism verified. The Court of Appeal have maintained the
and selfish greed, would fit him, as far as they go, injunction as to solicitation, but have held that as
for store or bank or factory, conducted on purely the defendant had not entered into any express
economic principles; but could fill no honest place
in a lawyer's office. A quick-tempered or warmagreement not to deal with customers of the old
hearted rogue could never fill the favorite's place. firm who might come to him voluntarily, the injunc- It requires a fellow of no pity to mitigate his thrift, tion must be contined to preventing the solicitation and of no temper to betray his confederacy. So of the old customers. The Master of the Rolls you find him a grave, quiet, sedate sharper; guarded, should ponder the scripture, “Sufficient unto the
formal, presuming, dogmatic, with as little taste for
fun as talent for honor. In his intercourse of busiday is the evil thereof," and content himself with
ness, he rarely speaks of his uncle, or father, or just law enough for the case in hand.
cousin, the judge; but he utters no words to client
or adversary, in which the judicial influence is not Chief Justice Ryan's recent address before the implied, like the verb sometimes in grammar, which law class of the University of Wisconsin was a vig
gives significance to the whole sentence. He is inorous, manly, and sensible production, albeit the dignant at the slightest reference to the nepotism.
, learned orator dived rather deeply into philosophy
But he is virtuous about expression only, the thing
he wishes always understood. It is his stock in and religion at the start. Speaking of law, he said: trade, his family estate.” Society is prone to grumble at those who serve
This is almost worthy of Montaigne. it, and to lavish its smiles on those who abuse it." One rarely finds any thing better than the following:
NOTES OF CASES. “On the bench, lawyers are charged with a higher grade of function, little more important than their duty at the bar. The bench necessarily depends
one receiving a trivial legacy under a will, by much upon the bar. A good bar is an essential of which he is deprived of a larger estate as heir, is a good court. The problems of justice can rarely
not to be regarded as beneficially interested under be safely solved in solitary study. Forensic con- the same, so that he cannot be an attesting witness flicts give security to the judgment of the law. The thereto. The court said: “In this case Bart K. world sometimes scolds at the delay and uncertainty Smalley is not interested to sustain the will, but of the administration of justice. These are evils
rather to defeat it.” **The witness beneficially inessential to our civilization, perhaps to any attainable civilization. But summary judgment is judi
terested under the will was one gaining by and uncial despotism. Impulsive judgment is judicial in
der its provisions. But an attesting witness who justice. The bench symbolizes on earth the throne is called to establish a will by which he is divested of divine justice. The judge sitting in judgment of his inheritance can hardly be regarded as benefion it is the representative of divine justice, has the cially interested by it and so interested to maintain most direct subrogation on earth of an attribute of it. One losing an estate by a will under which he God. In other places in life, the light of intelli
is a legatee for a cent or a dollar cannot in any ordigence, purity of truth, love of right, firmness of integrity, singleness of purpose, candor of judgment,
nary use of language be considered as a gainer — or are relatively essential to high beauty of character.
beneficially interested, unless a loss is determined On the bench they are the absolute condition of to be a gain. As is well remarked by Bigelow, C. duty; the condition which only can redeem judges J., in Sparhawk v. Sparhawk, referring to Haven v. from moral leprosy. When I was younger, I could Hilliard, 23 Pick. 10, where it was said to be held declaim against the enormity of judicial corruption.
that a witness might be incompetent when his interI could not now. I have no heart for it. The mere
est was adverse to the validity of the will; 'cerwords seem to have a deeper ignominy, than the wisest brain and the most fluent tongue could put
tainly so far as it seems to support the proposition into other language. The judge who palters with
that an heir-at-law, who is disinherited in part or in justice, who is swayed by fear, favor, affection, or whole by will, is incompetent as an attesting witthe hope of reward, by personal influence or public ness, the case is contrary to well-established princiopinion, prostitutes the attribute of God, and sells ples, and must be overruled.' Undoubtedly, the the favor of his maker as atrociously and blasphe-object in giving this trivial legacy was to guard mously as Judas did. But the light of God's eternal
against the witness taking a portion of the estate truth and justice shines on the head of the just judge, and makes it visibly glorious.”
under the provisions of section 9 by which a child
omitted in the will may have its share of the estate, The orator spared the “dunces,” remarking that unless such omission was intentional or such child “they are altogether too respectable and influential had had its due proportion of the estate during the a class to be criticised with safety,” but under the life of the testator." head of “knaves” he dissected the pettifogger, the shyster, and the “professional adventurer who In Ducker v. State, Oregon Supreme Court, A by trades in judicial favor.” Of the latter, he said: mistake paid to B a roll of twenty-dollar gold “ He is almost always a dunce, a fellow of low
pieces, supposing it to be a roll of half dollars. B intellect and vitality; of meager life; of mean and subsequently discovered the mistake, and knew, or selfish instincts and tastes, dull of head and cold of had the means of knowing, who was the owner,