Andrews' A TREATISE ON THE One Large Octavo Volume, $6.50 Callaghan THE PLAN is analytical, being an application of the same principles of legal analysis applied by Gaius and Justinian in the Institutes, followed by Hale and Blackstone and endorsed by Wilson, Sir William Jones, Austin, Pollock and Chalmers. THE OUTLINE of the work shows the whole body of the law in logical order and relation. THE TREATMENT con sists of a presentation of the origin of rules, the fun damental principle upon which they depend and their present condition and application. The treatment then is Elementary, Scientific and eminently practical. THE CITATION is to the Leading Cases, where the rules are formulated or expounded, with the modern great Ruling Cases, showing the prevailing and conflicting views of the law, to which is added such Collateral Citations as will enable one to make an exhaustive brief on the subject. AS AN ELEMENTARY TREATISE it is the clearest, the most comprehensive, the most practical and scientific ever offered to the American Student. IS A PRACTICAL WORK for the Busy lawyer. The wheat is separated from the chaff. WILL GO ON YOUR BOND. Transacts a General Trust and Guaranty Business. J. M. JACKSON, Jr., President. J. B. FINLEY, Secretary and Treasurer. V. B. ARCHER, General Counsel. Vice-Presidents. S. D. CAMDEN, F. S. LANDSTREET, HARRISON B. SMITH. Directors. J. M. Jackson, Jr., C. H. Shattuck, S. D. Camden, John T. McGraw, I. O. Reynolds, T. Moore, Jackson, David E. Johnston, Warren Miller, F. S. Landstreet, George A. Burt, Geo. F. Miller, W. P. Hubbard, Harrison B. Smith, I. C. White, J. B. Finley. Become sole surety on bonds of all kinds. Make loans on collateral and real estate. Collect incomes, rents, interests and dividends. Furnish equipment for railways under "Car Trust" system. Manage sinking funds for corporations and municipalities. Manage estates, real and personal, for you or your children. Act as trustee under mortgages, assignments and deeds of trust. We are prepared to execute Court Bonds promptly at every county seat in the State. Apply to Local Agents. HOME OFFICE, PARKERSBURG, W. VA. JULY, 1900, Price 100. $1.00 a Year in Advance THE BAR. "There is no use in preserving all the law cases decided, any more than all experiments in physics; all essays at manufacturing; all cases in medicine; et id omne genus. Why in jurisprudence should rubbish, error and platitude be preserved? There are many evident reasons why a judge of to-day should apply legal principles and law of to-day to cases involving the social and commercial life of to-day. At least, the application, made by a jurist of another age to a different state of facts, of principles in their nature requiring continuous modification and adaptation, furnish, generally, only any analogy. Principles are said to be eternal, but not any given statement of them unless humanity has attained already the acme of its powers." PUBLISHED BY THE WEST VIRGINIA BAR ASSOCIATION Printed at Morgantown, West Virginia. THE WEST VIRGINIA BAR. VOL. VII. MORGANTOWN W. VA., JULY, 1900. Jhe West Virginia Bar A PUBLISHED MONTHLY BY THE No. 7. BILL providing that three-fourths of a jury may return a verdict in civil cases has been passed by the Colorado senate and referred West Virginia State Bar Association to the Supreme Court of the State for an opinion Under the editorial charge of the Executive Council. Entered at the Post Office at Morgantown, as second-class mail matter. An Open Forum. This journal is intended to furnish an open forum to every lawyer for the discussion of any policy or proposition of interest to the Profession. It invites a free interchange of views upon all such topics whether they agree with the views of THE BAR or not. as to its constitutionality. N Ex Parte Ortiz, 100 Fed. 955, Lochren, J., indulges in an elaborate discussion as to whether "the Constitution follows the flag," and whether therefore a citizen of the late Spanish Colony of Porto Rico, since the cession of that island to the United States, is entitled to his con The court expends much learning in considering the novel and important question, and solemnly decides that wherever the flag is planted there the Constitution, ex proprio vigore, prevails. THE BAR goes to every Court House in the state and is read by, probably, three-fourths of the law-stitutional right of trial by jury in a criminal case. yers of the State, and thus furnishes not only a ready medium of communication between members of the Profession, but of unification, of the Profession on all matters of common concern, which is its prime mission. Every clerk of a circuit court. is the authorized agent of THE BAR in his county, and has the subscription bills in his possession, and will receive and receipt for all money due on that account, or for new subscriptions, and his receipt will always be a good acquittance for money due THE BAR. THE BAR is furnished at the nominal rate of $1 a year, which is less than the cost of publication, and we would like to have the name of every lawyer in the State on our subscription list. One is disappointed, however, to discover from the last sentence of the opinion that the discussion was uncalled for, the question being not involved in the case. The court justifies the dictum on the ground that the point had been urged "with such confidence and amplitude of argument as the basis on which the decision of the case must rest, that acquiescence might be inferred from silence." The action of the court suggests that it had an ambition to be the first to give judicial sanction to the principle that the constitution follows the flag. We quite agree with the principle, but judges best exemplify their duty when they decide only the actual case before them.-Virginia Law Register. |