His hopes are in vain, for on searching we find

The judge has summ'd up-final judgment is signed.

enson's legal studies and his admission as an advocate were the merest incidents in his life. As he himself tells us, his knowledge of the law soon

Co.,

With his agent in quod, must remain statu quo.
The following was written on Ryenet, an iniqui-
tous Dutch judge at the Cape of Good Hope:
Here lies in death, who living always lied,
A base amalgam of deceit and pride;
A wily African of monstrous shape,
The mighty Quinbus Flestrin of the Cape.
Rogue paramount, ten thousand rogues among,
He rose and shone like phosphorus from the dung;
The wolf and fox their attributes combined
To form the odious features of his mind;
Where kennelled deep by shame, oy fear unawed,
Lurk'd supine villainy, deceit and fraud,
Hypocrisy, servility, and lust,

A petty tyrant and a judge unjust;
Partial and stern in every cause he tried,
He judged like Pilate, and like Pilate died.
Urged to despair, by crimes precluding hope,
He chose a bullet, to avoid a rope.
Consistent knave! his life in cheating passed,
He shot himself, to cheat the law at last.
Acme of crimes, self-murder crowned the whole,
And gave to worms his corpse to fiends his soul.
Cross-examination is an invention, the effect of
which is to draw whatever you please from an
innocent man with delicate nerves, and to save a
robust criminal.

At the trial of the Duchess of Kingston for bigamy, Lord Bathurst, the lord chancellor, thus gravely addressed the duchess: "Madam, the lords have considered the charge, and evidence brought, and have likewise considered everything which you have alleged in your defense; and upon the whole matter their lordships have found you not guilty of the felony wherewith you stand charged, but, on dismissing you, their lordships earnestly exhort you not to commit the same crime a second time."

"Jury," said a western judge, "you can go out and find a verdict. If you can't find one of your own, get the one the last jury used." The jury returned with a verdict of Suicide in the ninth degree."

not a crime nor emphyteusis a disease. Nevertheless his letters show us here and there that he had a seeing eye for the humanities which lurk in even the driest legal tomes. For instance, he writes to Henry James in 1893 that he is reading "with rapture" Fountainhall's Decisions, doubtless in his desire to get local color for that matchless "broken arc" Weir of Hermiston. Stevenson's comment on the two ponderous volumes which the excellent Sir John Lauder, of Fountainhall, left to a neglectful posterity is admirably true. The work," he says, "hasn't much form, and is inexpressibly dreary, I should suppose, to others - and even to me for pages. It's like walking in a mine underground and with a damned bad lantern and picking out pieces of ore." That is the aptest possible description of the quaint and bulky miscellany of legal cases, anecdotes, and history which Fountainhall compiled in the eventful period between 1678 and 1712. What would the old judge have said had he been told that two centuries later his work would be read with appreciative relish in a distant island of the Pacific! So true is it that Stevenson touched nothing which he did not adorn, that the rough verses in which he jots down his impressions of a winter morning in the parliament house (vol. I, p. 109) give a picture of it as marvelously realistic as any that has ever been drawn. The salle des pas perdus of the Scottish bar was never more vividly described in its November aspect than in this verse:

"That muckle ha', maist like a kirk,
I've kent at braid mid-day sae mirk
Ye'd seen white weegs an' faces lurk
Like ghaists frae Hell,

But whether Christian ghaists or Turk
De'il ane could tell."

We wonder what he would have thought of the "humanized abomination" of the modern electric lights with which the old oak roof has lately been studded in startling anachronism, and which now combat the native gloom of the hall on such mornings as his lines describe. Law Times (London).

peculiarities, which are the result of bad organization. This doctrine is illustrated by descriptions of criminals who have the abnormalities, and in the hands of skilful writers the case is made very plausible. The theory is in harmony with so much popular modern thought, which loosely interprets the doctrine of evolution by a crass materialism, that it has infected American prison literature, while it has never misled those men to whom practical experience has given the most right to have an opinion on the subject. The sense of personal responsibility is still the foundation of social order, and if in truth there is no such thing, the world is awake at last from its dream of morality; righteousness is resolved into heredity, structure and habit; living is a mere puppet show, and the wreck of things impends.

It occurred to me to try an experiment in a manner entirely different from the usual criminal researches. Having been very familiar with a certain prison for many years, I requested the warden, who is a very able man in his profession, to send me the photographs of ten or a dozen men whom he regarded as the most representative criminals in his population of some five hundred persons. The warden was not informed of the use I intended to make of the material, and supposed it was for illustration in university class work. Later he gave me the Bertillon measurements of the men, with an epitome of their history. A number of these men I have known for years. So far from this selection supporting the modern theory of a criminal type, it confutes it in a conspicuous manner. The abnormalities are slight, and there is as great a diversity among the men as could be asked. It must be remembered that these cases were selected by a shrewd and competent official, solely upon their criminal record, and not in the interests of any theory whatever.

To complete the experiment, I submitted these portraits to a number of gentlemen, and to no two of them at the same time, for their opinions of the cases. The informal committee represented the different professions which might be expected to fit men for observation, for there was a lawyer, a physician, a railway president, a criminal judge and a college professor. Each of them is eminent in his special field. The committee was asked to name the crimes, and to group the men according to their criminal record. Each opinion differed from the other, and all were wide of the mark But while the committee was at work on the photographs the writer was at work on the committee, and actually discovered more anomalies of organization in these distinguished citizens than are apparent in the criminals. After this remark it is necessary to withhold their names, though some of them are men of national reputation.

It is time to reassert with increasing emphasis the personal responsibility of the individual, and to insist upon the enthronement and guidance of

conscience. There are certainly social and economic reasons for crime, some of which the writer has pointed out elsewhere, but the chief fact in human life is the power of self-determination. The number of abnormalities and their extent depend upon a variety of circumstances, among which are tood, climate, occupation and the incidents of birth itself, as well as the various forms of inantie .. ease. I will undertake to find enough physical peculiarities, in any locality, or among the members of any profession, to establish any physical which theory may be propounded. — Public Opinion.

AN IRISHMAN'S WILL.

-

IN the name of God, Amen! I, Timothy Doolan,

of Bailydownderry, in the county of Clare, farmer, being sick and weak in the legs, but of sound head and heart - glory be to God! - do make this, me first and last will and auld new testimint, and first I give me soul to God whin it plases him to take it, sure—and no thanks to me, for I can't help it thin—and me body to be buried in the ground in Ballydownderry chapel, where all me kith and kin that have gone before and those that live afther me, belonging to me, are buried. Peace to their ashes, and the sod rest lightly on their bones. Bury me near me god-father, Felix O'Fluthert, bechuxt and bechune him and me father and mother, who is separated all together, at either side av the chapel yard. I lave the bit of ground containing tin ackers rale auld Irish akers! — to me eldest son, Tim. Me daughter, Mary and her husband, Paddy O'Reagan, are to get the white sow that's going to have the twelve bonifs. Teddy me sicund boy that was kilt in the war av Ameriky, might have got his pick av the powltry, but as he is gone I'll lave them to his wife who awse afore him. I bequeath to all mankind the fresh air av heaven, all the fishes av the sea they can ketch, and all the birds av the air they can shute. I lave to them all the sun, moon and stahrs. I lave to Peter Regerty a pint of potheen I can't finish, and may God be mercii. to him. TIMOTHY DOOLAN.

Legal Notes.

W. Hannis Taylor, former minister to Spain and author of a standard "History of the English Constitution," is now engaged at his home in Mobile, Ala., in writing a text-book of international law. Hon. J. B. Cassoday, chief justice of Wisconsin, has accepted an invitation to deliver an address at the coming meeting of the Illinois State Bar Association on "John Scott and John Marshall" or "Chief Justice Marshall contrasted with Lord! Chancellor Eldon."

The Washington Law Reporter says: “An amendment to the rules of the Supreme Court of the District of Columbia in respect of examinations for admission to the bar was promulgated by the court in General Term on Monday, February 19. 1900. The rules as amended permits students of law to take the examination on the completion of a three years' course of study in a law school, instead of requiring three calendar years of study as heretofore. The amendment was adopted by the faculties and students of the several law schools of the city, and its adoption is a direct recognition by the court of the high character of the work done by these institutions."

According to the statements of well-known members of the Cook county bar, law business in Chicago has reached a state of collapse that threatens semi-starvation for hundreds of attorneys practicing in the civil courts. The influence of the bankruptcy act, the legal departments of the trust companies, the clogging of court calendars with personal injury suits, and the never ceasing influx

of lawyers from the country district, they say, have

resulted in an alarming diminution of the volume of business and an increase in the number of men among whom business must be divided. Figures taken from the annual reports of the clerks of the

courts indicate that these statements are based on

fact. Many men whose incomes two years ago were $5,000 are now making no more than $2.000. It is asserted that of the 4.000 lawyers in Chicago not more than 400 are making more than their living expenses.

Ex-Judge David J. Pancoast, of Camden, who is chairman of the committee on legislation of the Camden County Bar Association, sends out a proposal that the following shall receive the consideration of the lawyers of the State. It is entitled "An act in relation to courts, and to fix a time within which causes shall be decided," and reads: "That hereafter it shall be the duty of every court in this State, in which any cause or matter shall be originally heard and submitted for decision or judgment, to determine and decide the same within six months after its submission, unless there shall be some good and sufficient reason to the contrary, which reason shall be by the said court

stated and entered upon the record in the cause or matter within the said period of six months, which said statement and entry upon the recora shall specify the time at or within which the said cause or matter will be decided, which shall not be later than three months after the said reason for the delay is stated and entered upon the record as above required." New Jersey Law Journal.

A Roman Catholic woman named Akroyd, says The Barrister, was tried before the Court of Queen's Bench in Dublin for refusing to product a Protestant child, which she had abducted. Some amusement was created in the court when the prisoner was sentenced to six months, without hard labor, in Richmond prison, which is only for the incarceration of males. Carved in the stonework over the main entrance to the prison are the following words: "Cease to do evil, learn to do well." The commitment was the subject of the following lines:

In most earthly tribunals some harshness prevails. But the Court of Queen's Bench is both prudent

and mild;

It committed Miss A. to the prison for males
As the readiest mode of producing a child.
How she'll do so surpasses conception to tell,
Should she "cease to do evil, and learn to do

well;"

And if in six months, without labor confined,
She produces a child, she'll astonish mankind.

The relative legal value of a judge's statement from the bench and an affidavit made by just a

plain man is discussed in People v. Blackburn (59 Pac. Rep. 573). In this case also the duty of the

judge to be not merely present in court, but also

attentive to what is going on, is declared. The defendant had been convicted of a felony. Upon the hearing of a motion for a new trial there were presented two affidavits made by two persons, who were present at the trial, in which the deponents said that after the court had instructed the jury, and while the district attorney was addressing the jury, the presiding judge left the bench and the court-room, closed the door behind him, and was absent from the court-room about ten minutes, during which time the district attorney continued addressing the jury. No affidavit disputing these facts or explaining the absence of the judge was made. When the two affidavits were read the court said: "What! What! The court knows of its own knowledge that it was not absent any such time, or in any such manner, and was not out of hearing of counsel while arguing said cause at any time, and that the door of my chamber was open at that time, and even when the door is shut I can hear all that is going on in the court-room." The Supreme Court of California in granting a new trial said: "The statement of the judge, treated as an affidavit, and given its full effect as such, does not controvert the affidavits

presented with the motion in all their essential facts." The court cited with approval these words of another court: "Something more is required of the presiding judge than that he should be within hearing." - N. Y. Evening Post.

TH

STATUTORY REVISION.

HE legal profession is at last moved to protest against the enormous multiplication of laws by the commissioners of statutory revision. The last straw came in the shape of a proposal to add no less than eleven new codes to their previous achievements, including a revision of the Code of Civil Procedure. The feeling toward this plan was indicated by a vigorous protest from the State Bar Association against any further proceedings by the present commissioners, and at its meeting last night the Bar Association of this city unanimously adopted a resolution calling for the abolition of the board of revision, and for the rejection of all the bills that it has prepared. As if this was not enough, another resolution was adopted directing the committee on amendment of the law to do whatever seemed advisable to defeat these bills, and put an end to the existence of the statutory commission. Its twelve years of activity have left law in such a chaotic state as to draw forth the statement from Mr. W. G. Choate that its work had been worse than useless. Such emphatic testimonials to the value of the labors of a commission have seldom been furnished by those most directly interested in the result of these labors.

This action of the lawyers finds justification on many grounds. Looking merely at the direct pecuniary cost of maintaining this board, we find that it has already amounted to $203,000, while its work. badly done as it is, is only half completed. The board wants $22.000 for salaries this year. The first revision of our laws cost $4.000. The second revision, in which Chancellor Kent participated, cost $2,000, and the third cost the same. The fourth revision, which resulted in that really great corpus juris, long known as "The Revised Statutes." which has furnished their fundamental law to many of the States of the Union, cost less than $20.000. About three years were occupied in this monumental work, which the present board has mutilated with what many lawyers regard as wanton recklessness, if not blundering incapacity. In two years 277 acts have been passed to amend the work of this body, and in 1899 these amendatory acts amounted to one-fifth of all the laws passed, and to more than three-fifths of those not of a private or local character, exclusive of amend-, ments to the Code of Procedure. It really seems probable that the work will have to be done all over again by a competent body organized as recommended by the State Bar Association. N Y. Evening Post.

English Notes.

Lord Russell told the Nottingham law students that all judges make mistakes, otherwise there would be no reason for the existence of courts of appeal or the house of lords. His lordship added that it cannot be said that the house of lords do not make mistakes simply because there is no other court of review.

Truth says that the dispute between the treasury and the representatives of the late Duke of Westminster has been settled, and the case will not go into the law courts, the result being that death duty will now have to be paid upon the whole of his real and personal property. It is estimated that upwards of a million sterling will have to be paid by the new duke in respect of the duty on the settled estates in Middlesex and Cheshire.

Mr. Justice North, of the High Court of Justice, Chancery Division, has retired on a pension of £3.500 a year, haivng served more than fifteen years on the bench. While not a great or brilliant jurist, he was always a faithful and thorough worker, and his judgments have seldom been reversed by the Court of Appeal. He is now seventy years of age. The vacancy in the High Court has been filled by the appointment of Mr. H. Burton Buckley, Q. C., a leader of the chancery bar and an expert on company law. The appointment seems to have been generally satisfactory to the profession.

His honor Judge Woodfall, says the St. James's dog." Gazette, must be getting tired of the word " It seems that in last November he shot at a dog that was trespassing in his grounds, and the dog died. The owner thereupon sued the learned County Court judge before one of his brethren

and the case was settled. Since then a remark of the defendant to the effect that he did not mean to kill the dog was taken as evidence of his intention to cruelly torture it. He was accordingly prosecuted last month at the Torquay Police Court, where the bench very properly held that there was no intentional cruelty, and dismissed the summons with costs.

It has been stated that the unclaimed bankers' balances amount to some seventy millions. The law of ownership of these balances is as curious as it is little known to the public. After six years money placed at a bank without having been drawn upon during the six years becomes the absolute property of the banker. So it was some fifty years ago by the Court of Exchequer in Pott v. Clegg (16 M. & M. 321). and although Chief Baron Pollock doubted the correctness that decision. it was approved shortly afterwards by the house of lords in Tolev v. Hill (2 H. L. 26) The law clearly is that the banker is neither agent nor trustee for the customer. who merely lends

from liability in respect of libellous matter in any book in the library, unless they fail to withdraw the book after notice that proceedings are about to be instituted against other persons. Such a rule, it seems, might fairly be applied to all libraries. Solicitors' Journal.

money to him, so that the Limitation Act, 1623 (21) Jac. 1, c. 16), applies to the loan, which becomes irrecoverable after the lapse of six years. Law Times.

Correspondence.

UNITED STATES REPORTS.

To the Editor of the Albany Law Journal:

My attention has recently been called to a bill now pending in congress (H. R. 2551; S. 2489), introduced in the house by Mr. Jenkins and in the senate by Mr. Hoar, being entitled "A bill to provide for the further distribution of the reports of the Supreme Court." This measure, it seems to me, is worthy of receiving much more attention than it has yet received from the public and the profession, and of full airing on the floor of congress. Already fully $60,000 has been expended by the government on these United States Reports, and it would seem that no further appropriation should be made without the best and most convincing reasons for its necessity. This is especially true for the reason that there is, or soon will be, an edition of United States Reports on the market which can be bought for $1.00 per volume, with full annotations down to the present time. I respectfully submit that the manifestly proper thing would be, if the bill is to pass at all, to have contained in it a provision that the cost to the government should not exceed the price of $1.00 per volume, which, I am certain, would give a handsome profit to those who are publishing the work. Perhaps a still better way would be to have the Supreme Court reporter provide in his contract that all of these books should be furnished by him at a price not to exceed $1,000, to be paid for by the government, and that all future volumes should be put in at the same price. The government could very readily republish all of these volumes and bring them right down to date with full annotations, for the amount of money that it would have to pay for the volumes which by the terms of this bill it is proposed to purchase.

Now that I am on this subiect. it occurs to me to inquire why it would not be well for congress to Dass a law giving the reporter a good, round salarv. such as the reporter of the United States decisions should receive. and these volumes cold then be published by the government and furnished to the profession and every one else at a price not to exceed $1.00 or $1.20 per volume at the outside. Then the entire matter of publishing its reports would be in the hands of the government. where it properly belongs. As a matter of Course. the matter of the appointment of the reporter would remain just as it is now, with the court.

New Books and Few Editions.

To Have and To Hold. By Mary Johnston. Boston: Houghton, Mifflin & Co., 1900.

Miss Johnston's rare talent as a writer of fiction, exhibited unmistakably in her popular and thrilling story, Prisoners of Hope," is but confirmed in her latest and even more popular book, "To Have and To Hold." Every line bears evidence of artistic finish. The writer, evidently "to the manner born," has succeeded most admirably in reproducing the very atmosphere of the old colonial times in Virginia, and the work is sustained throughout in a way that shows positive genius. Not only are the leading characters drawn with remarkable strength and power, but her descriptions of nature in all its varied forms dawn and sunset, storm and calm, forest and river, old ocean's moods - are perhaps equal to anything produced by contemporaneous writers. The book fairly riots in action. There is not a dull page in it. When once taken up the reader finds it difficult to stop until the last page is read. True, the criticism can be made that the story is full of highly improbable full of highly improbable - indeed, impossible incidents, crowded one upon another in riotous profusion, and if told by a less talented and finished writer they would be apt to pall; but there is about Miss Johnston's writing a subtle charm that carries the reader on and disarms criticism, despite this crowding of incident upon incident. Her description of the haunted wood is, to our mind, one of the most weirdly beautiful bits to be found in the English language, and the story of the attack upon Jamestown by the Indians is thrilling in every line. All through the book are to be found the exquisite touches which proclaim the true artist. If there is a lack of philosophy and a dearth of humor, their absence is hardly noticed in the swift movement of the narrative. The book is beautifully gotten up, and some of the illustrations are superb. Miss Johnston's place among fiction writers of the first rank is now firmly established, and her future work will be awaited with the deepest interest by a large army of admirers.

Monopolies and Trusts. By Richard T. Ely, Ph. D., LL. D. New York: The Macmillan Company, 1900.

This volume, as the author tells us in his preface is a small part of a large work, "The Distribution of Wealth." upon which he has been engaged for the past seven years. The work under review.