the need of business men. Exceptional cases must mark. A similar disposition was made for the shift for themselves."

"The Origin of Municipal Incorporation in England and the United States" formed the subject of Judge A. M. Eaton, of Providence, R. I., address. Tracing the history of incorporation, he argued that the right to self-government is a fundamental Anglo-Saxon right, apart from power derived from the State. On the liberties of cities he said:

creation for a court of patent appeal.

A resolution by Judge Thomas, of New York, was adopted to the effect that there should be erected at Washington a Temple of Justice sufficient in capacity to accommodate all the courts which are now compelled to meet in different places in the district.

W. B. Hornblower, of New York, offered a resolution, which was unanimously adopted, that the committee on federal courts be instructed to prepare and submit to the association at the next annual meeting a bill to increase the number of judges in each United States Circuit Court from three to five, four of whom shall be necessary for a quorum."

In the section of patent trade-mark and copyright law a number of papers were read and discussed. In the section of legal education Henry S. Redfield, of the Columbia Law School, read a paper on "A Defect in Legal Education," which was followed by discussion. Franklin M. Danaher, of

Clerks."

"Foremost among these liberties is the right to local self-government that politicians throughout the United States are assailing through control of the legislature by the machine. Too often they are helped, or not resisted, through public apathy, ignorance of the deep-seated nature of the right to local self-government through the origin and development of municipal incorporation and the decisions of courts, guided by erroneous rules of law and precedents following implicitly conclusions arrived at without adequate study of English and American history and our legal and political development, following the mere letter of the law the New York State board of law examiners, prewithout inquiry into the principle at the bottom sented a paper on "Courses of Study for Law of it. I firmly believe that herein now lies the greatest source of danger to American political institutions. Either an enlightened public opinion and better knowledge by bench and bar of our rights must arouse our judiciary to save us from such legislation as has been upheld in late decisions or our Constitutions must be amended so that they OLIVER WENDELL HOLMES, 2d, AS A will state explicitly that towns, cities (or counties, etc., in some States) are the units of our system of government and have the right to govern themselves in all matters of local concern, free from the control of the legislature, except through general laws, applicable to all such units alike, or through particular laws passed at the request and with the consent of such units, to enable them to do that which otherwise they would be powerless to accomplish."

The Bar Association elected the following officers: President, Francis Rawle, Philadelphia; secretary, John Hinkley, Baltimore; treasurer, Frederick E. Wadhams, New York; executive committee, ex-officio, Francis Rawle, Philadelphia; U. M. Rose, Little Rock; Frederick E. Wadhams, New York, and John Hinkley, Baltimore. The following were elected members: Charles F. Libby, Portland; Rodney A. Mercer, Towanda; James Hagerman, St. Louis; P. W. Meldrim, Atlanta, and Platt Rogers, Denver. Vice-presidents and members of local councils were also elected for each State.

The association will meet at Hot Springs, Va., in August, 1903. W. B. Hornblower, of New York city, presided at the annual dinner of the association, which was given at the Grand Union hotel.

SUPREME COURT JUDGE.

While intensely American in the best sense, Chief Justice Holmes is a cosmopolite in his reading, in personal acquaintance, in his sympathies, and in his ideals as a jurist. For his own as well as for his father's sake, he has been taken into European circles which few American jurists have penetrated. He knows continental literatures. He is alive to Italian pioneer investigation in jurisprudence based on science.

Socially he will adorn the cosmopolitan society of the national capital. And in the sacred confines of the court-room, whether when under public scrutiny or when the justices are "by themselves,” he will not be found lacking in that father-wit which so often goes along with the judicial temperament. Of the five requisites of success in the calling to which he has given so much of his life, as defined by the late Justice Joseph P. Bradley, of the United States Supreme Court - moral sense, brains, learning, tact, and experience - Chief Justice Holmes has at least four strongly marked. In addition, he has what Chief Justice Bradley said must be added to natural aptitude, viz.: 66 power

A resolution of Judge L. L. Bond, of Chicago, in regard to preparing a national trade-mark law was referred to the standing committee on trade-of intense and persistent labor." That he is a

Papinian, a Cujas, a Coke, a Hale, a Mansfield, a for an illegal purpose; and, thirdly, that in order Blackstone, a Marshall-in short, a genius such as arises now and then to put talent to shame and dazzle the legal profession, none of his most ardent admirers in Massachusetts will claim. Nor will those who question most the wholeness of his vision as judge fail to pay homage to the insight of his partial views, or the moral courage and lofty purposes of the man.- From a sketch of "Oliver Wendell Holmes, Jurist," by George Perry Morris, in the American Monthly Review of Reviews for September.

Botes of Cases.

Gambling Device; Seizure; Illegal Use.- In Wagner v. Upshur, decided by the Court of Appeals of Maryland in June, 1902 (52 Atl., 509), it was held that a musical slot machine which could be used for either legal or illegal purposes could not be seized by the police authorities as a preventive measure unless it had first been properly established in a criminal proceeding that such article was designed or used for an illegal purpose. The court said in part:

to properly establish that the article was designed to be put, or has been put, to an illegal use, there must be a proceeding in a court of criminal jurisdiction, and the question of the guilt or innocence of the owner of or person who uses the article cannot be determined in the replevin case. Testing the instruction granted by the learned judge below by these principles, we think it will clearly appear that he has fallen into error; for while we held in the former appeal that a machine like the one here in question, which the prayer concedes can be used either for legal or illegal purposes, may not be summarily seized by the police authorities, his instruction is based upon the proposition that such a seizure of such a machine is legal if the court in the replevin case find that it was used, or intended to be used, by the plaintiff for gambling, and that the devices for such innocent use were fraudulently attached to the machine for the purpose of evading the laws of this State against gambling. While the questions of fact as to the guilt of the plaintiff of the charge of gambling, submitted by this instruction, would be properly submitted to a jury, or to the court sitting as a jury, in a criminal proceeding, they have no proper place in a civil proceeding like an action of replevin; otherwise, as suggested by The question presented here, although one of counsel for appellant, "the result would be to cause considerable importance, is a narrow one, and is, a forfeiture of property for crime by indirectly conwe think, controlled by the views announced in victing of crime in a civil proceeding." But there is the former appeal (93 Md., 192, 48 Atl., 455, 52 L. another objection to the prayer, raised by the plaintR. A., 775). Thus, in the former case it is said: iff's special exception, to the effect that there is no "In the case at bar, the property seized under the legally sufficient evidence to show that the innocent concessions of the demurrer is an instrument in- features of the machine were fraudulently attached tended and designed to be used by the plaintiff and thereto for the purpose of violating the gambling others in violation of the gambling laws,' and one laws of the State. We have carefully examined the of such a character that it can be put to no legitimate record, and are of opinion not only that this excepuse.' It does not, therefore, belong to the class of tion is well taken, but that there is an absolute articles that may or may not be used for legal pur- failure of proof on this point. It follows, therefore, poses. If it did, the presumption cannot be made without the further consideration of other objections that the owner intended it for illegal purposes, and, which were urged against the granted instruction, however the law may be otherwise, it is clear upon that we are of opinion it is erroneous, and should principle and authority that no seizure can be made not have been granted. The plaintiff's second as a preventive measure without it had first been prayer is, we think, a clear and proper statement of properly established that the article was procured the law applicable to the case, and should have been and held for an illegal purpose." Then, again, granted. By it the plaintiff requested the court to towards the end of the opinion, referring to authori- declare, as the law of the case, that if the court, ties cited: "Those are cases where the article sitting as a jury, finds that, as a matter of fact, seized may be put to legal, as well as illegal, pur- the musical slot machine mentioned in the pleadings poses, and, until it has been shown before the proper and evidence is an article that may or may not be tribunal that it was designed to be put or has been used for legal purposes, that the plaintiff was enput to an illegal use, it may not be seized as a titled to the possession thereof when taken by the preventive measure." The doctrines thus clearly defendants, and that the same was then seized and announced in the former appeal conclusively settle taken by the defendants, then the verdict must be the following propositions: First, that only such for the plaintiff; there being no evidence in this property or articles as are intended to be used in case legally sufficient to prove that, at the time of violation of law, and can be used for no legitimate the seizure of the machine by the defendants, it purpose, can be summarily seized by the police had been shown before the proper tribunal that said authorities; and, secondly, that articles or property machine was designed to be put or had been put that may or may not be used for legal purposes can- to an illegal use; there being no evidence legally not be seized until it has first been properly estab- sufficient to show that at the time of said seizure lished that the article was procured, held or used there was any charge preferred against the plaintiff

or others for any crime committed in connection routes by Houston to New Orleans and by Shrevewith said machine, or any evidence legally sufficient port to New Orleans were not open for business, to show that said machine was seized and held by as a result of severe storms in that section, which the defendants for use as evidence against the had prostrated its wires. It was also known to plaintiff or others." It is hardly necessary to say them that, as a result of the condition of defendthat it is conceded that an article like the one which ant's wires between Houston and New Orleans and is the subject of this case may always be seized and Shreveport and New Orleans, there had been a held for use as evidence against the owner, possessor congestion of business in the Dallas relay office, and or others in a criminal proceeding against them or that messages sent to that office would be delayed. either of them.- New York Law Journal. The message in question was received by defendant's agents in the evening of September 13. It was promptly transmitted to defendant's relay office at Dallas, and there received at 5:30 P. M. September 13. It was transmitted from the Dallas office to St. Louis at 5:24 A. M. September 14, and remained in St. Louis twenty minutes. It was transmitted from St. Louis at 5:43 A. M., standard time, to New Orleans, and received at the office of C. H. Minge & Co. at 7:42 A. M. September 14. A reasonable time, under normal conditions, to send a message from Sherman to New Orleans and get a reply is thirty minutes. Had the message been delivered to C. H. Minge & Co. on the 13th, they could have pro

Telegraph Companies; Contract; Delay. In Western Union Tel. Co. v. Birge-Forbes Co., decided by the Court of Civil Appeals of Texas, in June, 1902 (69 S. W., 181), it was held that where the contract of a telegraph company provided that it should not be liable for delays in the transmission of a message arising from unavoidable interruptions in the working of its lines, such condition does not exempt the company from liability for delays resulting from causes existing and known to its agent at the time the message was received, and of which the sender was not informed.

It was further held that where the lines of a tele-tected the offer up to 8 o'clock at night. The congraph company are down at the time a message is tendered for transmission, it may decline to receive the message; but if it is received without informing the sender of the defects in the lines, and if the company fails to promptly transmit it, it is liable for the resulting damages.

It was also decided that where, at the time of delivering a message to a telegraph company to transmit, plaintiff's agent knew that certain lines were down, but did not know that the company did not have other lines by which the message could be sent, such knowledge did not exempt the company from liability for the damages resulting from delay. The court said in part:

tention of appellant is, in effect, that the contract exempts it from liability for damages resulting from its failure to transmit the message with dispatch if such failure was occasioned by unavoidable interruption in the working of its lines, notwithstanding such interruption existed, and its agents had knowledge thereof, at the time of the receipt of the message, and the sender had no knowledge of such interruption. Upon the receipt of the message by the company it was its duty to transmit the same with reasonable dispatch to its destination, and deliver the same to the addressee. If, after its receipt, the wires and instrumentalities for the transmission of the message became interrupted by reaIt is contended that, the plaintiff having con- son of an unprecedented storm, so as to prevent tracted to absolve the defendant from liability for their working, then, under the stipulation in the delay in transmitting said message occasioned by contract, it would be excused for such delay as the unavoidable interruption in the working of de- resulted from such interruption. It is insisted that fendant's lines, the stipulation was valid, and it was the stipulation is broad enough to include such admissible to show in explanation of and as excuse interruptions as existed at the time of the receipt for the delay, the condition of the defendant's wires, of the message. We do not think the contract is poles, and other instrumentalities, and the cause capable of such a construction. It speaks of delays thereof. The contract for the transmission of the arising-evidently meaning to arise in the future. message contained the following clause: "It is If. however, the contract were capable of the conagreed between the sender of the following message struction contended for by appellant, under the facts and this company that said company will not be the stipulation contained in the contract could not liable in any case for delays arising from unavoid-be invoked in this case. In many respects the duties able interruptions in the working of its lines." The and liabilities of a telegraph company are analogous usual route for the transmission of messages from to those of a common carrier. They undertake to Sherman to New Orleans was to its relay office in exercise a public employment, and in executing such Dallas, and thence to Houston, and from there over employment they must use the same degree of care its line along the Southern Pacific Railroad to New and skill which a prudent person would use under Orleans, or from Dallas over its line along the Texas the same circumstances. This applies to the receiv& Pacific Railroad to Shreveport, and thence to New ing and transmission of all proper messages tenOrleans. If these were closed, then from Dallas dered to it for transmission. If, as contended by to St. Louis, and thence to New Orleans. It was appellant, its wires and instrumentalities over its known by defendant's agents when the message was routes to New Orleans were interrupted by an unreceived by them for transmission that the precedented storm, then it could have declined to

receive the message on the ground that an act of Jonathan Ross, former judge of the Supreme Court God had prevented it from complying with its duty of Vermont; "Asylums," by Edward M. Winston; to receive and transmit the message. It should at│“Attorney and Client," by George F. Tucker, of least have informed plaintiff of the facts, and af- the Boston University Law School; "Attorneyforded it an opportunity to make other arrangements General," edited by Robert F. Walker, some time if it so desired. Having accepted the message with attorney-general of Missouri; "Auctions and Aucfull knowledge of the condition of its wires and tioneers," by Archibald C. Boyd, of the Maine bar instrumentalities, and assumed the duty of trans- -are among the other subjects treated. mitting the same to the addressee, the company cannot set up the stipulation in the contract to excuse its non-performance of duty (Railway Co. v. Anderson, Tex. Civ. App., 21 S. W., 692; Express Co. v. Jackson, 21 S. W., 667, 92 Tenn., 326). It is insisted that N. B. Birge, secretary of plaintiff company, had notice of the condition of defendant's wires when the message was sent. The evidence shows that he knew that the wires between Houston and New Orleans were prostrated and not working. He did not know but that defendant had other lines open, and over which the message could be sent. He did not know of the interruption in appellant's lines between Shreveport and New Orleans. He did not know of the congested condition of appellant's business at its Dallas relay office.

New Books and New Editions.

Cyclopedia of Law and Procedure. Edited by William Mack and Howard P. Nash. Volume IV, "Assignments" to "Baggage." New York: The American Law Book Company, 76 William street. London: Butterworth & Company, 12 Bell Yard. 1902.

We have heretofore had occasion to commend to our readers the earlier volumes of this work as they appeared. What was then said applies with equal, if not greater, force to the volume now before us. The fact that we have said it before does not de

Perhaps the most important topic to the general practitioner is "Attachments," edited by Roger Foster, author of "Foster's Federal Practice." No existing text-book has covered this subject adequately and an examination of this treatment in the American & English Encyclopaedia of Law (2d ed.) shows, to say the least, some haste and carelessness in its preparation.

A feature of this work which continues especially to commend itself is the words and phrases arranged alphabetically; the words are learnedly defined and the phrases admirably selected.

We cheerfully commend this work to the bench and bar, as it seems to be realizing every promise made by its publishers, and destined to become the great compendium of American law and practice, a monument to American enterprise and a boon to lawyers.

Literary Notes.

Mr. Zangwill is writing a new novel, which will be published next year.

Hall Caine's next production is to concern itself with divers aspects of commercial life, including a notable bank failure in the Isle of Man.

The limited edition of Edward Rowland Sill's poetry that was announced about a fortnight ago

by Houghton, Mifflin & Co. has now been entirely

subscribed for.

It

tract from the force of our previous commendation of the plan by which all the law - both substantive One of the leading books of the Lothrop Publishand adjective is to be treated in one work. Plead- ing Company for the coming season will be a novel ing and practice, and substantive law are so closely by James Creelman, entitled "Eagle's Blood." interrelated that a logical division is not only is a patriotic tale of the present time. impracticable, but if justiable at all, only for financial reasons the benefit, of course, accruing to the publishers.

The Putnams are publishing a new book on Robert Louis Stevenson. This is an essay, more of a critical than a personal estimate, by Leslie Stephen, and will be published in September in the Ariel Booklet Series."

The volumes now in our hands, the fourth of the series, commences with "Assignments" and ends with "Baggage." 'Assignments" written by Roderick E. Rombauer, some time of the St. Louis Court of Appeals, is a complete and exhaustive treatment of that subject. 'Assignments for the Benefit of Creditors" is fully treated by Marion C. Early, the leading personages are connected with the world

Mrs. "John Oliver Hobbes" Craigie's new novel, "Love and the Soul Hunters," is to be brought out in September. It is a long story, and it is said that

of finance and the empire of fashion.

of the St. Louis bar, whose edition of "Bishop's Commentaries on the Law of Statutory Crimes," A new anthology of Victorian poetry has been fully warrants the conclusion that the subject has made by Sir Mountstuart E. Grant Duff, and will been ably and comprehensively handled. The arti- be placed on sale by E. D. Putnam & Co. Owing cle covers one hundred and seventy-five pages, and to Mr. Stedman's volume, which was first in the is exhaustively written up in that space. 'Associa- field, being called A Victorian Anthology," a new tions," by H. Gerald Chapin, editor of the Ameri- title had to be found for this newcomer. It has can Lawyer; Assumpsit, Action of," edited by been dubbed "An Anthology of Victorian Poetry."

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Peter Newell, the well-known artist, has recently and Mrs. Churchill at their summer residence, recovered from an attack of typhoid fever, but is Harlakenden house, on July 24th. Augustus St.

busily engaged at present on work for the holidays. Mr. Newell does not work from models, his figures not being drawn on conventional lines.

Houghton, Mifflin & Co. have in preparation a new revised edition of their portrait catalogue. Portraits of the newer authors have been added and the catalogue contains over 1,000 titles, and is said to be altogether a very notable and valuable list.

The first edition (1719) of "Robinson Crusoe,"

and the second edition of the "Farther Adventures

of Crusoe, published in the same year, were sold in London the other day for $1,225. Both works were rare and fine octavo copies in old calf.

Benjamin Kidd, author of "Principles of Western Civilization," has gone to South Africa to make economic studies there. His latest work has been done for the "Encyclopaedia Britannica." One of his articles deals with the application of the doctrine of evolution to society.

"A Speckled Bird," the new novel by Augusta Evans Wilson, of which 75,000 copies have been sold in advance of publication, is on the press for another edition of 25,000. The book will be issued simultaneously in England and Canada, by the Dillingham Company.

S. R. Crockett, author of "The Dark o' the Moon," has been traveling on the Continent for the past two or three months in search of rest and recreation and fresh literary material. He is expected to return to London this month. "The Dark o' the Moon" seems to rival the success of Mr. Crockett's former book, "The Raiders."

Henry C. Shelley has drawn a picture of the poet Keats in "Keats and His Circle," which G. P.

Putnam's Sons are to publish. The object has been to present the poet as a man, aside from his literary career. But several points of doubt in Keats's life that have a literary interest have been investigated, and new material has been used.

not

Gaudens, Maxfield Parrish and L. E. Shipman, among others, were present, and the announcement is said to have been received without great surprise and with no little enthusiasm.

Miss Glasgow, author of "The Battleground," is now in the Adirondacks spending most of her time playing golf. Doubleday, Page & Co. will soon publish her book of poems. The volume will be beautifully printed by De Vinne and will include poems of a miscellaneous sort that have appeared in the Atlantic Monthly and other publications, as well as unpublished verse. In October the same firm will bring out an illustrated edition of the author's "Voice of the People."

A new novel by the author of "Stringtown on the Pike," "Warwick," etc., is announced for early publication by Dodd, Mead & Co. It is called "RedHead," and in it John Uri Lloyd has drawn the picture of a Kentucky feud. Red-Head, it may be remembered, was a character from Mr. Lloyd's "Stringtown on the. Pike," but this story, while it touches upon the characters in that book, is practically new. It has been illustrated as a Christmas book by Reginald Birch, every page being decorated in color, and there are numerous full-page illustrations.

A copy of the first edition of Elia," uncut, and with the author's inscription, "Mr. John Clare, with Elia's regards," brought at a recent sale the sum of $440. At the same sale a copy of Lamb's works, first edition, two volumes, original boards, uncut, with inscription, "For Mr. Clare, with C. Lamb's kindest remembrance," brought $345. A copy of the first edition of Lamb's "Prince Dorus," in a rare octavo, with nine colored engravings, brought $310. A first edition of Keats's poems, with autograph inscription, "John Clare, Helpstone," was sold for $125, the first edition of Keats's “Endymion for $70, and the first edition of his "Lamia ' for $65.

John Fiske left two volumes of essays ready for It is asserted by the London Chronicle that if a literary treasure comes on the market nowadays it publication, being his only posthumous work comstands a good chance of going to America. "Lon-pleted and ready for the press. He was an energetic don booksellers have standing orders to buy for worker and had other material in preparation, but American customers, and high prices are at the time of his death this was the only manuscript grudged. 'The effect of this demand from America,' which he had carried to the final stage. The essays said a well-known bookdealer the other day, 'is will be published by the Macmillan Company in the that America is becoming the great depository of early autumn under the title "Essays: Historical English literary treasures.'" and Literary." The contents of the two volumes will be: 'Thomas Hutchinson, Last Royal Governor of Massachusetts; " 'Charles Lee, the Soldier of Fortune;" "Alexander Hamilton," "Thomas Jefferson, the Conservative Reformer;" "James Madison, the Constructive Statesman; "Andrew Jackson, Frontiersman and Soldier;' 'An American Democracy Sixty Years Ago," "Tippecanoe and Tyler Too," "Daniel Webster," "Old and New Ways of Treating History," "The Boston Tea

Winston Churchill, at Cornish, N. H., announced himself as a candidate for the legislature. It seems to be taken for granted in the despatches that have come out of Concord that after the November polling the author of "The Crisis" will be the representative-elect from Cornish. It is hinted that he has his eye on congress. The announcement of his candidature was made at a reception given by Mr.

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