MR. JUSTICE STORY ON CHIEF JUSTICE must give first place to the jury which arrived at an

Haeckel's Riddle of the Universe."

ar

In a former issue of the LAW JOURNAL a brief review of Haeckel's "Riddle of the Universe" was published. The following criticism, though originally written without any idea of its publication being contained in a private note to the editor of the LAW JOURNAL, after a careful reading of the book, shows such scholarly attainment, deep research and analytic power that it is given for the benefit of the JOURNAL's readers. Its author is a well-known scholar and original thinker, whose modesty is as great as his learning. It is but fair to say that he was not consulted as to its publication for fear he Hence the would refuse to give his consent. anonymity:

The text is characterized throughout by great terse- | of the vast business managed under corporate orness, combined with absolute clearness of expres-ganizations. It has an analytical index, so sion, and a careful examination of the citations ranged that any one of the five thousand topics shows not only their great accurateness, but gives scattered throughout the statutes can be instantly evidence of careful, patient and exhaustive research found. It not only has all the statutes, printed in into those topics of the law which have been cov- new, clear type, with black-faced headings, but all ered. The citations are not only to the official provisions of the Constitution on corporations. reports, but to the National Reporter System, American Decisions, American Reports, American State Reports, Lawyers' Reports Annotated and Lawyers' Edition of the United States Supreme Court Reports, which must render them of inestimably greater value to lawyers owning any or all of these series. The cases are grouped by States in alphabetical arrangement, enabling one to turn readily to the decisions of any particular jurisdiction desired, and in each State group the citations are arranged chronogically, with the latest case first, thus guiding one in the first instance to the latest pronouncement of the court. In addition to the citations, the notes contain apt illustrations of the law as stated in the text in such happy proportion as to render assistance, without giving rise to the suspicion of padding; and at appropriate points are contained references to forms set out in the reported cases, a feature which will commend the book to many. In addition to the main heads, the volume contains definitions of the words, phrases and maxims used in American and English law, the whole forming a complete and valuable law dictionary and glossary. Last, and, by no means, least, in the merits of the Cyclopedia, the preface promises that no new editions will be necessary, and that by means of a simple and inexpensive system of annotations the same will be kept always abreast of the times. This promise, which is perfectly possible of fulfilment, will appeal to all who have had reason to realize how speedily all digests and encyclopedias

have heretofore become out of date.

Ohio Corporations (Other Than Municipal). By A. T. Brewer and G. A. Laubscher. Fourth edition. Cincinnati: The Robert Clarke Company, 1900.

This fourth edition of Brewer and Laubscher's Ohio Corporations, like its predecessors, meets the demand for full information on a subject of importance to nearly every citizen. Counting the people in Ohio whose funds are invested in corporations, adding those who manage and work for them, augumented by those who use them, and few of the four million inhabitants of the "Buckeye" State remain. The work is a necessary text-book for lawyers; it is an indispensable aid to managers of domestic companies, and is essential for all agents and representatives of foreign corporations. The work has forms for organizing and conducting corporations of every description, with by-laws and regulations. It has all Ohio decisions relating to corporations, digested in short, clear statements, showing what the Supreme and other courts have said on the various questions constantly arising out

To say the truth, the matter presented is not at all novel. So far as his observed and recorded facts go, the story has been often told in ancient, as well as in modern times, and the book is virtually a resume of his earlier work. I assume that no intelligent, unprejudiced person who has given the matter a fair degree of attention now denies the progressive development of life, not alone back to Haeckel's monad, but beyond it, away down through the vegetable, mineral and gaseous kingdoms and on into a domain outside the range of human conception. Haeckel, I believe, does not postulate a vegetable ancestor, nor follow his proof into the animal world. He gives us a monad (so did Pythogras), that is neither vegetable nor animal, but both, that reproduces itself and is its own ancestor. He has said that Darwin put aside the first appearance of life and he acknowledges that such appearance has never been observed; he holds that evolution proceeds as a series of natural forces working blindly without aim or design. Here I throw up both hands and my feet. How about the geometrical form of so small a thing as the snow-flake? How of the formation of crystals? What but intelligence governs the combinations of material elements in definite proportions and gives to each combination its distinctive shape and properties?

The school to which I shall belong when fitted holds that man is the Microcosm and has within him every detail of the Macrocosm; the potentiality of every organ useful to animal life is wrapped up in man. Thus do we account for the progress of the embryo. By the way, since the four-weeks-old embryos of man and dog are identical, why does not Haeckel make them come from a common ancestor, instead of making man drop in from the quadrumana? What's the odds, anyway? Haeckel's theory is essentially materialistic and accidentally or blindly mechanical, and intends to provide for

descent along a line of permanent characteristics, yet jumps man into the scene straight from the ape. In fact, such descent seems to control his thought, and, to me, he shows quite as much dogmatism as the infallible (?) pope he hates so cordially. Yet man and the ape have different characteristics, and Huxley could find no intermediate being to fill the gap between man and the troglodytes. The most man-like monkey lived with man in Pliocene times; yet it stands still while man has advanced. Darwin. indeed, turns the monkey into man during the first half of the Miocene. What's the matter with the monkeys now-a-days? They don't seem to get on very fast, do they?

takes the monad. My very limited studies have led me to accept, so far as I could apprehend, the Vedantism of the east, which certainly is nothing but an exalted Pantheism. Haeckel postulates a universal substance with the attributes, force and matter; Vedantism postulates a universal spirit with the same attributes. May it not be that this difference lies in the fact that those who have strong intuitions, in whom the crass material of which the visible plane of existence is composed, has been subdued or subordinated, give their voice for the view that in the universe there are other planes of being than the material one of Haeckel, which, while more attenuated, are more enduring and possess greater potentialities; while, on the other hand, the Haeckellian materialist (undeveloped, with reference to any plane but the dense material) gives his voice in accord with his experience? For myself, I can perceive no difference between Haeckel and the transcendentalist, so far as dualism is concerned. He says, "by reason only can we obtain a correct knowledge of the world and a solution of its great problems" (page 17).

had told Haeckel of the peculiar powers of that ray,
but had lost or broken his producing apparatus,
Haeckel would probably have called him insane or a
liar. Yet every man has within him an X-Ray
apparatus that he may develop, if he will, the
rect knowledge" of which cannot be obtained by
To the Haeckellian it must seem
Haeckel's reason.

cor

Before going farther, let me say, in all humility, that I am not one to assume to criticise Haeckel. He has been abundantly criticised by many competent men, and some of his dogmas have been rejected by not only Kant, du Bois-Reymond, Baer, Wundt and others, but by Spencer and Tyndall even. Kant, Spencer, du Bois-Reymond and Tyndall hold that the passage from the physics of the brain to the corresponding facts of consciousness is unthinkable. Haeckel says that when certain parts Belief in clairvoyance, doubtless, he would charof the brain are diseased or affected, the correspond-acterize as insanity. If the discoverer of the X-Ray ing sense organs are affected, which could not be possible, if consciousness were an immaterial entity. While I do not hold consciousness to be "immaterial" in the Haeckellian sense, his reasoning seems to me like that of a crow, who seeing a man vainly trying to shoot her with a defective gun, says that the man has no existence. From the view point of anyone who has taken note of the transposition of senses, Haeckel occupies the exact position of ye crow. It is true that a man issuing from an unconscious state usually does not remember the interval; the same is true of dreams; still we know that in these cases the sense organs can function. Do you not think that Haeckel has a tendency to adopt every unknown district or gap as additional proof of his theory? He lays down his conclusions with such a smug cock-sureness that I pause to say that his premises should certainly be based upon exact knowledge. Yet he and all other scientists acknowledge that geology and phylogeny cannot rise to an exact science. His knowledge being from empirical sources, can it be exact? He makes his theory of direct descent from catarrhine apes a deductive law, necessarily following from the inductive law of the theory of descent.

Again, I must confess my total lack of equipment to understandingly take issue with one who "adheres firmly to the pure, unequivocal monism of Spinoza, viz., matter, or infinitely extended substance, and spirit (or energy), or sensitive and thinking substance, are the two fundamental attributes or principal properties of the all-embracing divine essence of the world, the universal substance" (page 21), and who does so with such philological gymnastics that I must confess that, as a GraecoLatin collar and pin-hole wrestler with language, he

an impossible condition of matter that would enable a person to perform the function or an organ without using the organ, and yet in a manner transscendentally more powerful than ordinarily. And, nevertheless, this is a fact more easily demonstrated than is his theory.

Finally, every fact he presents has been known for ages; and, if he were fair, he would not take to his own day and generation the credit of making fresh discoveries of things known to man in the hoary past.

"There's nothing new under the sun."

The History of Colonization. From the Earliest
Times to the Present Day. By Henry C. Morris.
In two volumes. The Macmillian Company:
London and New York, 1900.

The author, in his preface to this admirable work, notes the fact that most of the valuable treatises written on this subject have been devoted to special epochs or fields of research, are written from the standpoint of some one nation, or are too technical to be available and interesting to the majority of readers. Avoiding these manifest defects and sparing no labor to the end of making his history comprehensive, Mr. Morris has not only drawn upon history, but has carefully studied and digested statistics in order to give a practical value to his work. The first part of the work discusses thoughtfully

(Reprinted from the Yale Law Journal

the prime motive for the establishment of colonies, State Laws.
their utility to the parent State and the preponder- for January, 1901.)
ance of advantages or disadvantages of such depend-
encies. The author notes the classification of

colonies as follows: First, those created or acquired
by military force. Second, those engaged in agri-
cultural pursuits, where farming is the chief occupa-
tion of the inhabitants. Third, those engaged in
commerce and trade consisting chiefly of a few
merchants sent out from the parent State to carry
on the barter and exchange of commodities with
the natives of the region where they reside, and,
fourth, those in which the plantation system pre-
vails, devoted to the cultivation of such products
of the soil as cannot, for climatic reasons, be grown
in the home country. Penal colonies are alluded to
as a fifth class. A broader classification than the
above is suggested, by which colonies are divided
into "those voluntarily and those involuntarily
founded by the metropolis; or, rather, those inten-
tionally established by the government and those
unconsciously created by the people." All military
colonies belong to the first of these classes and many
trading and agricultural settlements to the latter
class. "The object of establishments created by the
State is manifest; not any nation has ever entered
upon a colonial policy without the hope thereby to
strengthen its power, to add to its riches, to assure
its stability, to increase its influence and to augment
its prosperity. Whatever the temporary occasion,
these have universally been the motives of action."
Following the excellent introduction to which the
limitation of space have only permitted us to glance
at this time, the author gives an almost bewildering
array of historical data from the earliest attempts of
the Egyptian and Phoenician adventurers, to the
latest achievements of the Latin and Anglo-Saxon
world builders. The consecutive steps by which
navigation, trade and colonization have progressed
in natural sequence toward the establishment of
new States are traced in a manner really masterly.
A very large part of the second volume is devoted
to English colonization, a subject so large that we
cannot even glance at it- it is really a comprehen-
sive summary of the world's progress for three
hundred years. In the concluding chapter, Danish,
American, Italian, Swedish, Russian and German
attempts at expansion are grouped under the head
of "Minor Colonization." An appendix contains
full and valuable bibliography. To the student who
desires to master the subject in all its details, this
work, which is absolutely unique when its wide
scope and comprehensiveness are considered, is cer-
tain to prove in the highest degree valuable.

Books and Pamphlets Received.

A Defense of the Negotiable Instrument Act. Being a reply to the criticism of Prof. James Barr Ames in the Harvard Law Review" for December, 1900, by Lyman D. Brewster, president of the National Conference of Commissioners on Uniform

The Difficulties of Obtaining Justice. A Popular science lecture. Delivered before the Denver Philo

sophical Society, November 22, 1900, by Oscar Reuter, of the Denver (Col.) bar.

THE MIGHTY HUNDRED YEARS.

Edwin Markham contributes to the December issue of Success a poem entitled "The Mighty Hundred Years," and having for its theme man's triumph over nature and over man-made oppressive laws. We quote the following stanzas: Above the dead the circling music sprang

Dead custom, dead religion, dead desire;
Down the keen wind of dawn the rapture rang,
White with new dream and shot with Shelley's
fire.

Out of the whirlwind Truth that came on Frante,
Rose the young Titaness, Democracy,

Superb in gesture, with the godlike glance;
Now stirred, now still with dream of things to be.
New seeing came upon the eyes of men,
New life ran pulsing in the veins of Earth:
It was a sifting of the souls again,

*

The weighing of the ages and their worth. *
Lo, man tore off the chains his own hands made;
Hurled down the blind, fierce gods that in blind
years

He fashioned, and a power upon them laid
To bruise his heart and shake his soul with fears.
He questioned nature, peered into the past,
Careless of hoary precedent and pact;
And sworn to know the truth of things at last,

--

*

Knelt at the altar of the Naked Fact. * *
Yea, in the shaping of a grain of sand,
He sees the law that made the spheres to be
Sees atom-worlds spun by the Hidden Hand,
To whirl about their small Alcyone.
With spell of wizard Science on his eyes,
And augment on his arm, he probes through
space;

Or pushes back the low, unfriendly skies,
To feel the wind of Saturn on his face.

He walks abroad upon the Zodiac,

To weigh the worlds in balances, to fuse
Suns in his crucible, and carry back

The spheral music and the cosmic news.
It is the hour of Man: new Purposes,
Broad-shouldered, press against the world's slow
gate;

And voices from the vast Eternities

Still preach the soul's austere apostolate.
Always there will be vision for the heart,

The press of endless passion; every goal
A travelers' tavern, whence they must depart
On new divine adventures of the soul.

Literary Notes.

Booth Tarkington, the author of "Monsieur Beaucaire," is said to be at work on another novel. If it proves to be the delight that his last book is, he may be sure of an ever-growing audience.

Gilbert Parker has started for Egypt with Mrs. Parker, and will probably go to Dongola and Khartoum. Literary projects and the study of the Egyptian administration are the motives of the journey.

In the last number of The London Academy is a symposium of opinions from famous literary men on books which have appeared in 1900. Among them, Mr. Frederic Harrison says that The only first-class book of 1900 has been Maurice Hewlett's 'Richard Yea and Nay.'"

our mind, the story is one of the most fascinating that this voluminous and talented writer has given to fiction. It is a love story of old Madrid, told with an inimitable delicacy and charm that enthralls the reader's attention from beginning to end, and this in spite of the fact that the action (of which there is no lack) takes place all in one night. There is about it an intense realism, and the characters, several of which are among the best in modern fiction, stand forth strongly in a way that stamps Mr. Crawford as a real genius, if, indeed, his former works had not placed him in that envied category.

The late Senator Davis is the subject of a character sketch in the January Review of Reviews, by the Rev. Dr. Samuel G. Smith, who writes from an intimate personal acquaintance with the Minnesota senator. In the same number appears a sketch of Henry Villard's picturesque career, with reminiscences of Mr. Villard's early days as a newspaper correspondent, contributed by Mr. Murat Halstead, with whom Mr. Villard served on the Cincinnati Commercial before and during the Civil War.

Harper & Bros. announce that hereafter, by special arrangement, Mark Twain (Samuel L. Clemens) will write exclusively for their publications, Harper's Magazine, Harper's Weekly and Harper's The Living Age for 1901 will present a great Bazar, and the North American Review. rangement is similar to that recently made with variety of literature to its readers. The natural Mr. W. D. Howells.

This ar

Ex-President Cleveland is writing for The Saturday Evening Post a series of strong articles which will appear in the magazine during the winter months. Some of these papers will deal with political affairs, and others with the personal problems of young men. They will be Mr. Cleveland's first utterances in any magazine on the questions of the day since he left the White House.

The Review of Reviews for January has a capital article on Sir John Tenniel and his career of fifty years on Punch, illustrated with a portrait of Tenniel, drawn by himself, and with reproductions of many of his famous cartoons. This study of the veteran British cartoonist and his work is followed by an appreciation of Mark Twain, the veteran American humorist, apropos of his recent return to his native shores.

history articles of this publication are always excellent, drawn, as they are, from the best sources of literature the world round. In the issue for December first, "Gulls, Gannets and Shags" is the title of a thoroughly enjoyable article reprinted from the London Spectator. The new volume of the Living age begins its fifty-eighth year, and we may venture to say that the periodical is as widely read to-day as ever in the history of its existence.

One of the best stories of the Civil War that has appeared in recent years is "Who Goes There?" by a new writer, B. K. Benson, and published by the Macmillan Company, New York and London. The author, while putting into it much more historical truth than the most historical fictions, has at the same time made it absorbingly interesting, and he evidently speaks of the arduous life of the soldier from personal experience. While veterans of the Civil War will be particularly interested in the story, no one can fail to be highly entertained and thrilled by its realism and power of description. Some of the situations are absolutely unique in fiction.

McClure's Magazine for January contains the first installment of the Memoirs of Clara Morris." It describes the famous actress' first appearance before a New York audience, and tells vividly of all the The sterling North American Review begins the trials and triumphs on that crucial occasion. It is new century and the new year with a splendid array the most interesting piece of writing we have seen in a magazine in many a day. The second install- of contributors to its January issue. The list inment of Mr. Rudyard Kipling's new novel "Kim "cludes ex-President Benjamin Harrison, “Status of is also published in this number.

Annexed Territory and Its Inhabitants; " M. de Blowitz, the famous correspondent of the London F. Marion Crawford's latest work of fiction, "In Times, "Past Events and Coming Problems; " the Palace of the King," has evidently struck the ex-Secretary of War R. A. Alger, "The Food of popular fancy as few modern novels have done, for the Army During the Spanish War; " Sir Robert the publishers, the Macmillan Company, announce Hart, inspector-general of Chinese imperial custhat the book is now in its one hundredth thousand. toms, “China and Her Foreign Trade:" Alfred and that the demand for it is still very great. To Harmsworth, the English journalist, "The Simul