David T. Keating, 'o1, won first place in the Civil Service examinations for the position of secretary to the Board of Health of Columbus, Ohio, and has stopped his law course for the present to accept the position.

HAMILTON ALUMNI.-Phi Delta Phi v. Jeffries & Ruhlin was not the exact court title of the recent Ohio prize fight fiasco, but it might well have been for Gov. Geo. K. Nash, Swan, caused the injunction, Harry H. Hoffheimer, the prosecuting attorney of Cincinnati, and R. F. Morris, his first assistant, who prosecuted, are both Hamilton men, as is also Judge Hiram D. Peck, chief counsel for the promoters of the fight.

Raymond Lowes, 'oo, has gone to New York city, and is with the firm of Carter, Hughes & Dwight. This makes ten Phi Delta Phi men connected with that firm.

WEBSTER ALUMNI.-Homer Albers, '85, professor of Pleading and Practice at the Boston University law school is giving a course of lectures in Commercial Law at the Massachusetts Institute of Technology. Hon. John L. Bates, 85, was in November last reëlected Lieutenant Governor of Massachusetts.

J. Porter Crosby, '90, has formed a partnership with Michael J. Creed. Their office is in the Pemberton block, Boston. Brother Crosby has been for some years instructor in Bills and Notes at Boston University law school.

Charles Neal Barney, '98, now presides over the Lynn (Mass.) Common Council. Recently, he found a partnership with Henry T. Lummus, '97, with an office in Lynn. Brother Lummus is the author of a book on Mechanic's Liens, published some three years ago by Little, Brown & Co. The book is wholly devoted to Massachusetts law.

Frederick H. Nash, '98, has been appointed assistant attorneyGeneral of Massachusetts. He can be found at the State House, Bos

ton.

Chester B. Humphrey and Herbert L. Pratt, both 'oo, are associated in the practice of law at Rockland, Mass. Brother Pratt is clerk of the U. S. District Court.

Eduard C. Stone, 'oo, is with Charles F. Choate, Jr., Sears building, Boston. Mr. Choate is a prominent corporation attorney. William Ford, 'oo, is practicing law in Lawrence, Mass.

Gordon W. Gordon, 'oo, is in the Census Department, Washington, D. C.

Judge Caleb Blodgett, of the Massachusetts Superior Court, resigned from the bench on September 1, 1901, and Governor Crane appointed Prof. Jabez Fox, Webster, of Cambridge, to fill the vacancy. Mr. Fox is well known in his state as an accomplished lawyer and a public-spirited citizen, and his appointment will doubtless prove satisfactory to the profession. Thus, with Oliver Wendell Holmes, Choate, already there, two Phi Delta Phi men are on the Supreme Court bench of Massachusetts.

H. N. E. CONSTITUTIONAL-PROPERTY TAKEN WITHOUT COMPensation. -Does the building of a pier upon the submerged land of a riparian owner in such a way as to obstruct his right of access to navigability amount to a taking of private property, without compensation, within the constitutional inhibition, when the pier is built solely for the improvement of navigation? The Supreme Court of the United States in the recent case of Scranton v. Wheeler answers this question in the negative. The court holds that the framers of the Constitution never intended that the broad power of Congress to improve the public navigable waters should be burdened and crippled with the condition that the riparian owner whose land borders upon navigable waters "should be compensated for his right of access to the navigable part of such river where such right ceases to be of value solely in consequence of the improvement of navigation," his title being held subordinate and subservient to the interests of navigation.

The opinion is by Justice Harlan, Kent, who, by the way, is now Senior Associate Justice, having been on the Supreme Court bench since 1887.

James S. Harlan, son of Justice Harlan, was nominated January 3, by President McKinley, Swan, for Attorney General of Porto Rico. The nomination was confirmed by the Senate after considerable discussion in which Senator Pettigrew charged that the President was trying to influence the Supreme Court in the Porto Rico cases, which were then before it.

J. R. S.

MUTUAL BENEFIT INSURANCE-RIGHTS OF BENEFICIARIES.Judge Deemer, McClain, in Schmidt v. The Northern Life Association lays down two rules. 1. Where the beneficiary under a mutual benefit policy, by his or her own wrongful act has caused the death of the insured (as in this case) by the administration of poison, the beneficiary thereby forfeits all rights to maintain an action for the recovery of the insurance, and that under this phase of the question her children, as her heirs, could not recover in an action,

nor could the assignee of such beneficiary under the policy. 2. Even if the wrongful act of the beneficiary caused the death of the assured, the company's liability did not terminate, for the reason that the sum of money due on the policy reverted to the general assets of the deceased's estate, and that going back into the general fund, the executors or administrators may maintain an action to recover such money for the benefit of those who would have been entitled to it, had there been no beneficiary named in the policy. J. M. T.

PROTECTION OF Employer.-To those interested in trade unions, strikes, and boycotts, the recent decision of the Supreme Court of Massachusetts in Plaut v. Woods is of interest.

It arose out of a struggle between two labor unions. The members of the defendant union in order to secure a predominating influence conspired to compel members of plaintiff union to join defendant, and to accomplish their purpose represented to employers of members of plaintiff union that unless plaintiffs were induced to ask for membership in defendant union, said employers might expect trouble in their business, thereby intending to compel plaintiffs to become members of defendant union or to be discharged. The court held that even though no threats or violence were used, yet, as the acts of defendants were intended to coerce plaintiffs to do something they were under no legal obligation to do, were calculated to cause damage to plaintiffs, did cause such damage, and were intentionally done for that purpose, they would be restrained.

There is a strong dissenting opinion by Chief Justice O. W. Holmes, Choate.

THE Breakdown of ReCONSTRUCTION.-This was the title of a paper read by Prof. Wm. A. Cumming, Story, of the Columbia law school, before the American Historical Association. Prof. Cumming declared that the men who handled the negro question about the middle of the century were strong in emotion but narrow in judgment, and labored under the delusion that the abolition of slavery meant a removal immediately of every other obstacle.

In discussing the paper, Prof. Albert B. Hart, of Harvard University, declared that the color prejudice was greater fifty years ago than it is to-day even in the most rabid spots of the South. Professor Hart deplored the lynching laws and the general attitude of both black and white, when influenced by strong feeling, to the laws of the states and suggested that the states enact laws legalizing burning at the stake or other means of death.

MINOR ALUMNI.-London is much agitated over a recent discovery made by Charles Fiske Beach, Jr., Minor, who is at present conducting the "Estates Realization Company " in that city. He claims to have discovered a vast fortune to the amount of $200,000,000 which is being held by the English Court of Chancery awaiting distribution. On these representations some citizens out West have already begun to assert their claims. The alleged ancestor, whose death has given rise to the claim, is said to be descended from Sir Francis Drake of Spanish Armada fame. Sir Francis, if he is permitted to take notice of earthly doings, will be shocked to find several geese among his progeny. Mr. Beach practiced law for a few years in New York, and wrote the prefaces to several American law books bearing his name. In some of his personal litigations he has signally failed. See Beach v. Beach, 4 Okla. 359, a divorce case, and Beach v. Sterne, 64 Hun. (N. Y.) 341, affirmed without opinion 143 N. Y. 634.—Law Notes (Am.).

PROFESSIONAL NOTICES.-Russell B. Thayer, Kent 'oo, and Wallis Craig Smith, Kent '99, announce that they have opened offices for practice in the Eddy Building, Saginaw, Michigan.

Henry Wollman, Kent '73, announces the removal of his offices from 27 William Street to 1003 Commercial Cable building, New York city. Mr. Wollman is attorney for the plaintiff in the recent case of Kirtland v. Adolph Monell-Sayre.

The firm of Page & Durand, whose card was carried in the BRIEF'S Directory, dissolved on August 1, 1900, and the Phi Delta Phi member, Arthur F. Durand, Fuller '99, is now conducting his patent practise alone, with offices in the Monadnock building, Chicago.

MCCLAIN ALUMNI.-Prof. Emlin McClain, from whom the chapter was named, was elected in November to the bench of the Supreme Court of Iowa. He consequently resigned the deanship of the Iowa University law school, which position was tendered to Judge Deemer, McClain, who declined, and Prof. J. H. Richards, Mc Clain, is now acting dean. This gives the chapter two men, Judges McClain and Deemer, on the Supreme bench.

A. L. Rule, '99, is located in Cedar Rapids, Iowa, with the general solicitor of the Milwaukee railroad. The news is out that he will be married in June.

J. M. Thompson, '99, is now at Marion, Iowa, with his own office and writes, "Things are beginning to come my way here and I am not worrying over the final result."

POMEROY ALUMNI.-A. Ruef, '86, has moved his offices to 602 California street, San Francisco.

W. H. Metson, '86, San Francisco, Cal., was in Nome during the summer and fall of 1900, as attorney for owners of the largest mines in Alaska.

Jas. P. Booth, ex-'92, is a Supervisor of San Francisco.

Wm. M. Abbott, '93, is second Deputy Attorney-General of California.

R. K. Page, '97, formerly of Portland, Oregon, is located in Spokane, Wash.

R. M. Price, '96, is practicing in Teller, Alaska.

E. D. McCabe is State Commissioner of Building and Loan Associations with headquarters in the Crocker Bldg., San Francisco, Cal J. E. Gardner, '98, has opened an office in Watsonville, Cal. Pomeroy chapter will be represented in the California legislature. which opened January 7, 1901, as follows: Senate, E. K. Taylor, '86, Alameda, and A. A. Caldwell, '93, Riverside; Assembly, Fred L. Stewart, '95, Jackson, H. A. Broughton, '88, Pomona, E. F. Treadwell, '97, and F. D. Macbeth, '97, both of San Francisco. All are Republicans.

T. A. P.

PROFESSIONAL CARDS.

Law Notes (Am.) is collecting professional cards from newspapers. We give two of them.

M. E. PENQUITE,

LAWYER,

COLLINS, IOWA.

FARM LOANS AT 51⁄2 PER CENT.

Also agent for Tombstones and Monuments. See me before you buy.

Below is one from Knoxville, Tenn.:

SHERMAN R. MAPLES,

ATTORNEY,

LUMBER FOR SALE CHEAP,

CUT TO ORDER.

FLOORING, CEILING, Etc.,

20 per ct. under Yard Prices.

CALL QUICK.