In State v. Brown a minister was allowed to give a conversation he had had with one not a member of the minister's church, indicted for conspiracy to procure a woman's defilement. The court said: "What he thus said was not of a confidential nature . . . and the latter [minister] was properly required to repeat it as a witness." But certain matters which were stated for spiritual assistance and comfort were privileged and no testimony in regard to them was required." Statute now covers the point in most States. SWAN. F. B. S. Judge Stewart, Swan, in his address at the late meeting of the Ohio Bar Association on "Legal Education," made several points worth serious attention. Among other things he stated that the best place for obtaining a legal education is in the law school; that legal education can be best imparted by a faculty of specialists; i. e., professors of law, who give their whole time to instructing and not part of their time to practice; that an exclusive lecture system is not a success; that that system of instruction should be used which is the best for the particular subject, and that law is best understood when the student has a knowledge of history and politics. Hon. Geo. K. Nash, Swan, Governor of Ohio, and Chief Justice Shauch, Swan, of the Ohio Supreme Court, were among the Phi Delta Phi men at the twenty-first meeting of the Ohio State Bar Association, July 10th, 11th and 12th. Hon. John K. Richards, Swan, now Solicitor General of the United States, has a twenty-page article in the Sept.-Oct. American Law Review on "The Constitution and the New Territories." The serious problem, says the writer, now that we have the new possessions, is how to govern them? underlying it is the question whether the Constitution forbids us to give them the government they need. The former is a question of policy, the latter a question of law. It is this latter phase of the subject that Mr. Richards discusses. The question of the power of Congress over the territories, he says, is an old one. The purchase of Louisiana and the government of that enormous region, populated by the people of many races, forced Jefferson's administration to find at once a political solution of the question. They were the "strict constructionists" of that early day, but they promptly took the view that the limitations of the Constitution applied only within the States under the Constitution, and that Congress was entirely free to govern Louisiana as existing conditions required. And the same principles apply to our recent possessions. Although under the power and protection of the United States, the territories are to have their own laws, their own courts, their own commerce, their own system of revenue. A separate and distinct existence under, but without the United States is contemplated. Certainly the treaty never intended to make these tropical islands a part of the United States in the constitutional sense and just as certainly did it make them a part of the United States in the international sense. The theory upon which our territorial governments have been organized, has been to leave to the inhabitants of each Territory such powers of civil government as they may be capable of exercising. Whether any of these new possessions will ever become fit to be admitted as a State, time alone can show. We can hold these territories, enforce peace, protect life and property, educate their people, civilize them, put them in the way of making the most of themselves, and leave the result to the future. Robert E. McClure, 'oo, is practicing at Dayton, Ohio. William B. Guitteau, ex-'99, is at Cornell, having won the Pres. H. H. Hershey, 'oo, is employed by the Peruna Medicine Company to look after cases of infringement upon their patents. His headquarters are in Columbus, Ohio. R. H. GAME. L. A. Magruder, '96, died at Columbus, Ohio, September 1, 1900, after only a short illness. He had been ailing for perhaps two weeks, but no one thought his condition serious. His death was a great shock to his friends. Brother Magruder was born February 22, 1872, at Yankeesburg, Ohio. His early education was received in a country school, after which he attended Marietta academy for a short time. In 1892 he entered the Ohio State University and graduated from the law school in 1896. Since then he had been practicing his profession in Columbus, Ohio, and was one of the best known young lawyers in the city. With bright prospects for the future, Brother Magruder was taken away just as his life's work was fairly commenced. HARLAN. Professor Chas. N. Gregory, Harlan, of the University of Wisconsin law school was very active during the summer. On July 5th he addressed the meeting of the Georgia State Bar Association on "American Lawyers and their Making." Law Notes (Am.) comments on the address as follows: "In speaking of the history of the bar and of legal instruction in America Prof. Gregory said that the figures compiled for the Paris Exposition of this year show the number of our law schools as 86, and of matriculants in them for 1898-1899 as 11,883, in round numbers 12,000. This all shows that the question, long debated, of whether aspirants for admission to the bar will submit themselves to the requirements and value the advantages of schools of law has been roundly decided in the affirmative. Referring to the increase of the bar as compared to the male population, he remarked that according to the census of 1890 there was one lawyer to every 358 males. "Professor Gregory's address was replete with gems of thought and sparkled with keen humor. 'It may be remarked in passing,' said he, that the Benchers of the Ontario Law Society of Canada have passed rules admitting women to the bar, which require that the female barrister shall appear in court in a black dress under a black gown, with white collar and cuffs, and bareheaded. No such sobriety of dress is imposed on our 208 sisters of the profession, they having no official dress prescribed by rule or by custom. They retain their feminine traits and embellishments. In fact, I have known a lady [sic] of the bar of my own State, on meeting with an adverse decision from the court, instead of prosecuting an appeal, to throw a glass of water in the judge's face.' This woman and her glass of cold water mark a step in advance of the idiosyncrasies of some of the male brethren, who, 'on meeting,' are wont to balance their little differences of opinion with charges of buckshot." His address before the Legal Section at the American Bar Association on "The State of Legal Education in the World," was strong and instructive and we hope to print it in the BRIEF in full. The American Law Review reports the address thus: "The paper read before the Section of Legal Education by Professor Charles Noble Gregory, of the University of Wisconsin, on 'The State of Legal Education in the World,' was a distinct disappointment. The great breadth of the title of this paper-its magnificient distances-led some to believe, in the language of Wisconsin, that the Professor had bit off more than he could chaw. It was not So. He had collected, with infinite pains, the most valuable statistics concerning legal education in America, in Canada, in England and in various States of continental Europe; showing, as well, the number of members of the legal profession in each country and the number of lawyers in proportion to the population of each country. Naturally it was made to appear that Russia had the fewest in proportion to her population, and the United States the most; in other words, the freer the people the more lawyers they have; a free people is a people guided by lawyers and governed by law. We have not listened to an essay so deeply interesting to the legal profession since the time when John M. Shirley, of New Hampshire, read his paper before the American Bar Association in 1883." WAITE. "Real Estate Options" is discussed by Howard A. Couse, '94, in a succinct article in the Central Law Journal, Vol. 51, No. 5. He says: "An option is a contract by which the owner of property agrees with another person that he shall have the right to buy his property at a fixed price within a time certain." He conveys no interest in the land, nor is it a contract for its sale. It is unilateral, binding only upon the property owner who has signed it. Being within the Statute of Frauds, the option must be signed by the owner, or by his authorized agent. Silence as to length of time during which it shall run does not in itself invalidate it, a reasonable time being implied. Should no consideration be present-even if in form an option-there is nothing but an offer which may be revoked any time before acceptance. If under seal, the seal imports a consideration, according to some courts; but does not, according to other courts. If the option is contained in a lease, the payment of rent is regarded as including consideration for the option as well as for the use of the premises. An extension of time is a new contract and requires a new consideration. Time is of the essence of the election under the option, but not as to execution of the contract of sale. If the landowner refuses to complete the sale after the holder of the option has acted under it, and tendered payment and performance of his part of the contract, specific performance will be decreed. An option may be assigned by its holder, and the assignee may compel the owner specifically to perform the contract. Specific performance will not be decreed against third persons who have become purchasers for value of the property in ignorance of the option. But all purchasers having knowledge of the option will take subject to it. The relation between a real-estate broker and the property owner is usually no more than that of agent and principal, but often there is given an option to the broker, and the expense and trouble to which the broker is put are considered sufficient consideration. Mr. Couse has looked into the subject carefully, and almost every statement is supported by an array of authorities. M. I. ST. J. CONKLING. Harry C. Davis, '90, shortly after leaving Cornell law school, began practicing law in Denver, Col. The firm name is now Fielius and Davis. Their specialties are mining and corporation law, and their offices 828-832 Cooper building. Samuel S. Slater, Field, '90, Conkling, '94, was a member of the New York Assembly for the session of 1899-1900. At the large massmeeting in New York city, June 26th, he introduced the resolutions which were adopted ratifying the platform and nominations of the Republicans at Philadelphia. Le Roy J. Skinner, '94-95 (Consul, '94-95), is now a member of the successful law firm of Ryan & Skinner, Medina, N. Y. Mr. Skinner, after his return from the Spanish-American war, was the Democratic candidate for District Attorney for Orleans county. The entire Republican county ticket was however successful at the polls. Frederic H. Farr, '97, is practicing law at Elmira, N. Y. John H. Walters, '96, is located in Syracuse, N. Y., and a member of the law firm of Costello & Walters. Rennold Wolf, '94, has been in Buffalo since leaving Cornell, being a member of the firm of Farnham & Wolf. HAMILTON. F. B. S. Raymond Lowes, 'oo, has opened an office for general practice with the firm of Caldwell & Caldwell, Chamber of Commerce building, Cincinnati, Ohio. B. A. Wright, 'oo, will practice with his father of the firm of Wright & Anderson, St. Paul building, Cincinnati. Earl G. Wilson,' oo, has settled at Morrow, Ohio, of which town he is the present Mayor. Russell D. Wilson, 'oo, has opened an office in connection with the firm of Wilson & Wilson, Carlisle building, Cincinnati, Ohio. Albert H. Morrill, 'oo, has recently been appointed Fourth Assistant Corporation Council of Cincinnati, Ohio, with offices in the City Hall. Willard J. Wright, '99, is practicing in Lebanon, Ohio, with his office in the Odd Fellows Hall. He was Consul of Hamilton chapter during the spring of '99. James Lovett, 'oo, has located at Springdale, Ohio, where he will practice. William M. Wherry, Jr., 'oo, is with the firm of Hornblower, Byrne, Miller & Potter, Johnston building, New York City. |