an agent authority to commit a tort so as to excuse the perpetrator; in such a case the law of agency has no application and the individual is liable to a suit and injunction. 4. While the State as a sovereign is not subject to suit, cannot be enjoined, and the state's officers cannot be restrained from enforcing the State's laws or held liable for consequences of obedience thereto, a void law is neither a law or a command but a nullity conferring no authority and affording no protection or immunity from suit. 5. Neither public corporations nor political subdivision nor political subdivisions are clothed with the immunity from suit which belongs to the State alone; and while they may be relieved from responsibility to a wider degree than individuals would be, they must make the defense and cannot rely on immunity. 6. In this case, HELD, that an agricultural college corporation was not such an agent of the State as to be immune under the Eleventh Amendment from suit for damages caused by the erection of a dyke and consequent overflow of plaintiffs property; but also held that as the dyke was on property belonging to the State, the State would be a necessary party to the suit in order to decree removal, and in the absence of consent to be sued the court had no jurisdiction to decree removal. MATTER OF HARRIS, Bankrupt. Decided May 15th, 1911. 1. The right under the Fifth Amendment not to be compelled to be a witness against oneself is not a right to appropriate property that may tell one's story. 2. A bankrupt is not deprived of his constitutional right not to testify against himself by an order requiring him to surrender his books to the duly authorized receiver. Councilman v. Hitchcock, 142 U. S. 547, distinguished. 3. Under § 2 of the act of 1898, where the bankruptcy court can enforce title against the bankruptcy in favor of the trustee, it can enforce possession ad interim in favor of the receiver; and so held as to books of the bank. rupt. For the Opinions in full of the two above cases, See p. 636. REVIEWS. OBSCENE LITERATURE AND CON STITUTIONAL LAW. By Hon. Theodore Schroeder, Legal Counsellor to the Medico-Legal Society, etc. Published by the Author, 56 East 59th, Street, New York. This is a work of 440 pages of well printed matter upon good paper, making a neat octavo volume. As the title implies the book is a plea for just laws in accordance with the true spirit of the constitutional phrases "Freeof speech and Press." It exhibits the often unjust decisions of the Post Office Department as to what is or is not obscene; and he shows that many of the decisions are arbitrary and based on sentimentality. The book is written in a scholarly manner, a store-house of information upon the cases that have been adjudicated by the courts-in fact it is a digest of all such cases and invaluable to bench and bar. It contains much valuable information for every one and should do much towards exposing the silly false modesty of the absurd pretender. Perhaps, the reproduction of what such influential a periodical as the Twentieth Century Magazine says of the book and its author will give the reader a better conception than anything we can add. Speaking of the author and book this Magazine says: Mr. Schroeder as an able member of the bar. believing that the legal chaos that exists regarding what is and is not obscene, leads to unjust persecutions and discrim inations and retards the normal and wholesome advance of civilization, has set himself the task of bringing before the mind of the American bar, especially before men of courage and conviction, a masterly and exhaustive discussion of the whole question of obscene literature and constitutional law The work is made up chiefly of papers prepared for and published in various law journals. It is unfortunate that it bears the marks of hasty preparation, both in regard to the arrangment of the matter and the make-up of the book: for a volume so extremely able, so exhaustive and authoritative in character and dealing with a subject so vital and fundamental, should receive the setting which such a presentation of such a theme merits. In spite of this shortcoming, however, it will be of immense value to lawyers and judges, as well as to fundamental thinkers among men of conscience who are interested in the subject, and it will, unless we are greatly mistaken, do much toward changing the view of the thought-moulders who may not have heretofore considered the subject in other than a superficial manner. CURRENT DECISIONS OF THE CRIMINAL COURT OF APPEALS OF OKLAHOMA. (Continued from page 72.) 2. Sec. 2606 Snyder's Stat., which provides: "That if any person shall steal any stallion, mare, colt, gelding, ridgling, or any ass, genet, or mule, or any bull, cow, calf, steer, or stag, he shall be guilty of a felony and on conviction thereof shall be punished by confinement in the State penitentiary for a term (of) not less than one nor more than ten years," creates a separate and distinct offense from Sec. 2591, defining larceny to be "The taking of personal property accomplished by fraud or stealth, and with intent to deprive another thereof" To support a conviction under Sec. 2606, it is necessary to prove a felonious intent on the part of the taker to deprive the owner thereof, and to convert the same to his the takers own use, which specific proof is not necessary to support a conviction under the general larceny statute. 3. The definition of an act made an offense by statute, but not defined by it may be ascertained by reference to the common law. 1 Under the statute providing that no court or judge shall inquire into the legality of any judgment or process whereby the party is in custody, or discharge him when the term of commitment has not expired, where the process is issued on a final judgment, the court will only examine the record to determine whether the term of commitment has expired and if not the writ will be denied. 2. Where a judgment and sentence has been rendered and entered and the person sentenced is in custody thereunder, defects in the order of commitment are not available in a habeas corpus proceeding. 3. The power to punish by fine and imprisonment until such fine is paid does not include the power to add to such fine the costs of prosecution, and adjudge that upon such a failure to pay such costs they shall be satisfied by imprisonment as a part of the fine. (Syllabus by the Court.) E. B. Hunt, for Petitioner. Smith C. Matson, Assist. Att'y Gen., and A. V. Copedge County Attorney, for Respondent. EDITORIALS. Sane Missouri Bar.-The State Bar Association of Missouri will meet in annual session at Excelsior Springs on September 23d, 1911. This is one of the most sane dates we generally see fixed for meetings of this kind— a date when the intense heat of the summer is abating. The usual dates especially in the older states is June and July, when the heat is so intense that the men on the progra m close their addresses without a dry thread on them, and with throbbing in every artery and conjestive headache. Even those who are there only to listen, listen with torture in a crowded Hall with the temperature ranging from 100 to 104. To the man of ambition who desires to make a strong mental effort, no poorer dates could he fixed. Why continue such practice? We have heard men say that however great the honor to make a great mental effort under such circumstances is not worth the punishment one has to endure in such temperature. We hope this matter will be more generally agitated by all law journals. The suit to have the smelter of the Anaconda Copper Company of Montana declared a public nuisance because of its fumes carries sixty-seven large printed volumes of evidence up to the Supreme Court, which is a record. The Standard Oil case had only twenty-three volumes of records. Legislatures are Costly.-With reference to the purposed special session for this state figures bearing on the subject have been made public from the highest source. Sessions of the legislature in Oklahoma have cost an average of $1,728.48 a day, according to figures prepared at the office of Governor Cruce. Five sessions have been held since statehood, beginning at December. 1907. The first continued 100 days, the 1909 regular session |