named in the city of Washington, either at the capitol or some other appropriate place. Chief Justice Fuller has consented to preside, and the president and his cabinet will be present. The Hon. Wayne MacVeagh, of Pennsylvania, will deliver the oration commemorative of the life and services of Judge Marshall, and the celebration will conclude with a banquet at night. The committee further resolved to invite the bench, the bar and the students of law in the several States to organize similar celebrations for that day in their PAYNE AGAINST CELL. a Quaker, and a saddler THE plaintiff, watin qainst the defendant to recover the value of a saddle. The saddle was extremely well made, but the horse being very clumsy about the shoulders, it did not fit. The defendant, by riding upon this saddle, had broken the tree of it all to pieces. He then sent it back to the plaintiff, and said he would have nothing more to do with it. It appeared in evidence that the plaintiff had respective localities. The courts will be requested agreed to make a saddle to fit the defendant's to adjourn in honor of the day. Where bar associations and law schools exist they are invited to proceed at once to organize local celebrations of the same general character as that provided for the national celebration, choosing orators to deliver addresses, and adding such other features as they may see fit. In localities where there are no regular organizations, members of the bench and bar are invited to co-operate in organizing celebrations. Pursuant to the instructions of the committee, I take the liberty of thus formally bringing the occasion to the attention of the legal fraternity. No State has furnished greater contributions of talent and learning to the jurisprudence of America than New York; no community appreciates more thoroughly the inestimable value of the genius, the learning and the faithful services of John Marshall to his whole country. No man ever did more to elevate and dignify the profession, or to increase the respect of the American people for the laws of that country. It is believed, desired and hoped that the State of New York will celebrate this occasion in a manner worthy of the man whose virtues and intellect we seek to commemorate, and worthy of the State itself. It will be a source of great gratification if this letter shall stimulate the organizations within this State and the unorganized members of the bar in the different localities throughout the State to take steps forthwith for the proper observance of John Marshall Day. The committee will also respond cheerfully to all inquiries upon the subject and furnish persons interested all necessary information to enable them to act as above indicated. I further request the State press to assist in giving publicity to this notice. Respectfully, JNO. S. WISE, Member of the John Marshall Day Committee of the American Bar Association for the State of New York, No. 20 Broad street, New York City. Lord Russell of Killowen has been elected a member of the Royal Institution. horse, and that when the saddle was made, and when he was told that it did not fit, be begged of the defendant that he would try it two or three times and that it would then be put all to rights. The first time that the defendant rode upon it he broke the tree, which was much too narrow, and thereby hurt his horse. He then sent it back to the plaintiff. The counsel for the defendant asked how this saddle could be extremely well made when it did not fit the horse it was intended for. It was of no consequence how clumsy the horse was. If he was a square horse he ought to have had a square saddle it was easy to pare down the saddle to the horse; it was impossible to pare the horse down to the saddle. Suppose a man with a hump back employed a tailor to make him a coat, the tailor brought him home an elegantly made fashionable coat, without having made any allowance for the hump, what an awkward figure he would make! Would it be a sufficient excuse for the tailor to say that the coat was well made? Certainly not? His lordship would have told the tailor that it was his duty, in cutting this coat, to have humored the hump. In the same manner it was the duty of the saddler to regard the particular make of the horse, and to form his saddle accordingly. The jury, under Lord Kenyon's direction, found a verdict for the defendant. - The County Magazine for July, 1790. LEON NOEL. streams, takes rod in hand for a delightful outing. He gets his worms, or his flies, or whatever alluring and appetizing viand he shall tempt the fish withal, and sets forth. He toils along the dusty road for a number of parasangs, like Xenophon's weary companions, and then joyously turns off through the fields, and makes his way toward the woods through which the brook is gliding. Anon he sees a silvery pool, overshadowed by a mosscovered rock. He draws near in cautious silence, oblivious to the absurd scientific doctrine that fish cannot detect sounds, having no ears to hear. A shaft of sunlight pierces through a rift in the shadows and glints upon a sparkling fin. A moment more and he will be ready. His rod is high in air. He is posing for the cast. But hold! The license! He has forgotten to provide the license. His arms fall limp at his side. His rod drops to the ground. His worm, or fly, or whatever it is that he has upon his hook, catches on a twig and clings there. He forgets that the chances are that he would not catch the fish, should he try ever so hard, and that it is not fishing, but catching fish, which is against the law. His sport is spoiled. His day of joy is turned into a day of sadness and repining. He is ready to swear at the law, to become a rebel, a traitor. But perhaps, instead of rambling forgetful and licenseless into the shady wilderness, he remembers the law and thinks of the license while digging his worms. What then? How disgusting! Imagine a licensed fisherman! Where now are the poetry and romance, the delights of the woods and the streams and the freedom, the dreaming and the loafing? Could he bring himself to plod along, a licensed fisherman, no better than a licensed peddler, or a licensed lawyer, or a licensed barkeeper? As well to suggest to Ivanhoe to procure a license before rescuing Rebecca, or Aladdin before setting the genii to work at building his palace. And the fish, too, what of them? after generation has regarded them as Generation whereof he was a member; and, finding that the sick man could only speak some one syllable, which was for the most part 'Yea' or Nay,' in an imperfect voice, forthwith took upon him to make his will, and demanding of him Will you give such a piece of land to our house, to pray for your soul?' the dying man sounded Yea.' Then the friar asked him: Will you give such land to the maintenance of lights to our Lady?' The sound was again Yea.' Whereupon he boldly asked him many such questions. The son and heir, standing by and hearing his land going away so fast by his father's word Yea,' thought fit to ask one question as well as the friar, which was: Shall I take a cudgel and beat this friar out of the chamber?' The sick man's answer was again Yea,' which the son quickly performed and saved urto himself his father's lands." When Sir Edward Coke was made solicitorgeneral, Whitgift, the archbishop of Canterbury, sent him a Greek Testament, with a message that he had studied the common law long enough, and that he ought hereafter to study the law of God." After the death of a certain barrister in an English county town, his household goods were brought to the hammer. One attending the sale remarked to a neighbor that the possessions of the deceased seemed to be exceedingly scanty, considering the position of their late owner. That is quite true," was the reply; "but the fact is he had few causes, and consequently could not have many effects." When Sir Thomas More was prisoner in the Tower, all his books were taken from him; whereupon he shut up his windows, and, being asked why, he answered: "It was time to shut up shop when all the ware was gone." Lord Erskins always directed his servants to knock at the house where he intended to call with a postman's knock, his lordship remarking that he had long observed servants always more punctually answered knocks of that kind than any other. Curran, after a debate which gave rise to high words, put his hand to his heart and declared that he was the trusty guardian of his own honor; upon which Sir Boyle Roche congratulated his honorable friend on the snug little sinecure he had discovered for himself. Whilst Dunning (afterwards Lord Ashburton) was solicitor-general, he made an excursion in vacation time to Prussia. From his title of solicitor-general the king supposed him to be a general officer in the British army; so he invited him to a great review of his troops, and mounted him, as an eminent military person, upon one of his finest chargers. The charger carried the solicitor-general through the evolutions of the day, the "general" in every movement being in a most dreadful fright, and the horse's duty never allowing him to dis mount. He was so terrified and distressed by this great compliment that he said he would never go abroad again as a general of any sort. 66 terror I perceived that every eye was riveted upon me. There were only six or seven present, and the little room could not have contained as many more; yet it was, to my panic-stricken imagination, as if I were the central object in nature, and assembled millions were gazing upon me in breathless expectation. I became dismayed and dumb. My friends cried, Hear him!' but there was nothing to hear. My lips, indeed, went through the pantomime of articulation; but I was like the unfortunate fiddler at the fair, who, coming to strike up, the solo that was to ravish every ear, discovered that an enemy had maliciously soaped his bow." Such was the début of "Stuttering Jack Curran," or "Orator Mum," as he was waggishly styled, but not many months elapsed ere the sun of his eloquence burst forth in dazzling splendor. Lord Eldon relates in his Anecdote Book: "At an assize at Lancaster we found Dr. Johnson's friend, Jimmy Boswell, lying upon the pavement 11 Soon after Mr. Curran had been called to the bar, on some statement of Judge Robinson's, the young counsel observed that "he had never met the law, as laid down by his lordship, in any book in his library." "That may be, sir," said the judge, but I suspect that your library is very small." Mr. Curran replied: "I find it more instructive, my lord, to study good works than to compose bad ones. My books may be few; but the title-pages give me the writers' names, and my shelf is not disgraced by any such rank absurdities that their very authors are ashamed to own them." "Sir," said the judge, "you are forgetting the respect which you owe to the dignity of the judicial character." Dignity!" exclaimed Mr. Curran; "my lord, upon that point I shall cite you a case from a book of some authority, with which you are, perhaps, not unacquainted." He then briefly recited the story of Strap, in Roderick Random, who having stripped off his coat to fight, intrusted it to a bystander. When the fight was over and he was well beaten, he turned to resume it, but the man had carried it off. Mr. Curran thus applied the tale: "So, my lord, when the person intrusted with the dignity of the judg-granting it to the judge before whom he was to ment seat lays it aside for a moment to enter into move. Boswell sent all round the town to attora disgraceful personal contest, it is in vain, when neys for books that might enable him to distinhe has been worsted in the encounter, that he guish himself; but in vain. He moved, however, seeks to resume it-it is vain that he tries to for the writ, making the best use he could of the shelter himself behind an authority which he has observations in the brief. The judge was perabandoned." "If you say another word, I'll com- fectly astonished, and the audience amazed. The mit you," replied the angry judge; to which Cur-judge said: "I never heard of such a writ; what ran retorted: "If your lordship shall do so, we shall both of us have the consolation of reflecting | gentlemen at the bar able to explain this?" The that I am not the worst thing your lordship has committed." Curran's account of his introduction and début at a debating society is the identical "first appearance" of hundreds. He says: "I attended, my foolish heart throbbing with the anticipated honor of being styled the learned member that opened the debate' or 'the very eloquent gentleman who has just sat down.' All day the coming scene had been flitting before my fancy. My ear already caught the glorious melody of 'Hear him! hear him!' Already I was practicing how to steal a sidelong glance at the tear of generous approbation bubbling in the eyes of my little auditory, never suspecting, alas! that a modern eye may have so little affinity with moisture that the finest gunpowder may be dried upon it. I stood up; my mind was stored with about a folio volume of matter; but I wanted a preface, and, for want of a preface, the volume was never published. I stood up, trembling through every fibre; but, remembering that in this I was but imitating Tully, I took courage, and had actually proceeded almost as far as Mr. Chairman, when to my astonishment and inebriated. We subscribed at supper a guinea for him,and half-a-crown for his clerk, and sent him, when he waked next morning, a brief, with instructions to move, for what we denominated the writ of quare adhacsit pavimento, with observations duly calculated to induce him to think that it required great learning to explain the necessity of can it be that adheres pavimento? Are any of you bar laughed. At last one of them said: "My lord, Mr. Boswell last night adhaesit pavimento! There was no moving him for some time. At last he was carried to bed, and he has been dreaming about himself and the pavement." Some years ago a mercantile case of considerable magnitude was depending in the Court of Queen's Bench, in which, though the pleadings were unavoidably complicated and voluminous, the merits lay within a nutshell, and seemed to be clearly with the plaintiff, that he could not comprehend what the defendant meant by persevering in the determination to incur the heavy cost of a trial before a special jury in London. Again and again were the pleadings and proofs anxiously reviewed, but displayed nothing warranting the defendant's pertinacity. A counsel (who afterwards became chief baron of the Exchequer) led for the piaintiff, and Sir William Follitt for the defendant, and at the plaintiff's consultation all his three counsel expressed their curiosity to know what the defendant could be about, and the day of trial was awaited with no little anxiety. On the afternoon of the day but one before that fixed for the - a also prove that they are of good moral character. There is a provision in the act which gives a noncitizen the right to marry Chickasaw Indians in Kansas or any other State. He can only select an allotment of approximately 500 acres of land, one-half the amount he might have shared had he married under the Chickasaw laws. The measure was enacted to lessen the abuses of intermarriages. Since the bill was passed by the Chickasaw council last December it is estimated that 1,700 white men cause to come on, a young clerk of the defendant's attorney was dining at a restaurant near the Temple with a friend, when he was telling of a great commercial case" in their office, in which Sir William Follitt was going to non-suit the plaintiff because of a flaw in the declaration defective breach-in support of which a considerable number of witnesses were coming up on behalf of the plaintiff from Cheshire. He mentioned what the defect was, and that was distinctly overheard by one of the plaintiff's principal wit-took out licenses to marry Indian girls in order to nesses, whose person was unknown to the speaker, escape the new tax of $1,000. and who, hastening his dinner, started off to the plaintiff's attorney, and told him what he had heard. The attorney instantly drove off to his junior counsel; a second consultation was fixed; the blot was acknowledged to exist to the consterration of the plaintiff's attorney, a very able and vigilant practitioner, who had bestowed great pains on the case. An effort was made, unsuccessfully, to amend; the record was therefore withdrawn, and the witnesses were sent back. declaration was ultimately amended at a fearful cost, all expenses previously incurred being, of course, thrown away. Before the cause had become ripe, however, for trial, the plaintiff died; the defendant, a foreign merchant, fell into embarrassed circumstances, and the executors of the plaintiff recovered nothing. The slip in the declaration had been made by the junior counsel, a consummate pleader whose large practice occasioned him to draw the declaration, which was long and intricate, in too much haste. Legal Notes. The A Missouri man called a neighbor a liar over the telephone. It was a party line and several people were listening. They all appeared as witnesses when the man was brought to trial for disturbing the peace, and the prisoner was compelled to pay a $12 fine. Arcangelo Defeo, a Kansas City baker, has brought suit, claiming $2,000 damages for slander, against Mrs. Sila Abbandanetto because of the latter telling her neighbors that the former kneaded his bread with his feet. Mrs. Abbandanatto's defense will be that she told the truth. Ex-State Senator Vernon H. Burke, of Cleveland, Ohio, disbarred in February, 1899, for unprofessional conduct, has filed a motion, accompanied with a petition signed by many attorneys in the Cuyahoga Circuit Court, praying for his reinstatement at the bar or a modification of the sentence. The law passed by the Chickasaw Indian Nation, providing that white men must pay $1,000 license fee to marry Chickasaw Indian girls, is now in effect, and will be rigidly enforced. The law also provides that white men wishing to marry must In the recent case of Hirth v. Hirth, reported in the Virginia Law Register, the Supreme Court of Appeals of Virginia holds that a married woman is now, as at common law, incapable of making a contract unless she owns some separate estate at the time the contract is made. For this reason it is held that a declaration in an action against a married woman which fails to allege such ownership is bad on demurrer. The court said: "The ownership of separate estate by a married woman being a prerequisite to the exercise by her of any contractual power, it follows that, in order to maintain an action at law on a contract made by her during coverture, it is necessary for the declaration or other pleading filed in the cause to aver that she not only made the promise sued on, but also such a state of facts as will show that her promise is such as, under the statute, she was authorized to make.". Washington Law Re porter. The Kansas Railroad Law was declared unconstitutional by the Supreme Court of that State on the 5th inst. The law created a Railroad Court, and gave it full judicial, legislative and administrative powers, its jurisdiction being confined to railroads, express and telegraph companies. The court had absolute power to fix and enforce rates, even to the extreme of assuming charge of a railroad and appointing a receiver therefor. It could compel the attendance of witnesses and the production of any books or records of the company to be investigated. It could regulate the construction of depots, side tracks, switches, safety appliances, stock yards, etc., and could make rules regulating the movement of trains and the loading and shipment of live stock and other freight. It could also mediate in the event of a strike, and its decision was binding alike on the railroads and strikers. The law was declared unconstitutional by the Supreme Court on the grounds that it commingled judicial, legislative and administrative powers, and vested them in one body, which the court held was contrary to the Constitution. If the chief justice of the United States Supreme Court and other high judges were to go to a horse race, enter their horses in the races, act as stewards and judges of the meet, and in the evening sit down to a banquet celebrating the day's sport, possibly such doings would be made to take on, in the minds of many, the proportions of a national scandal. Yet this is what the judiciary in conservative England have been doing. All this took place at the Sixth Annual Bar Point-to-Point Steeplechases held recently at Greenford Green under the management of the Pegasus Club. Among the stewards were the Right Hon. the Lord Chancellor, the Right Hon. the Lord Chief Justice of England, the Right Hon. Sir Francis Jeune, the Hon. Mr. Justice Grantham, the Hon. Mr. Justice Darling, the Hon. Mr. Justice Bucknill, the attorney-general, Q. C., M. P., G. C. M. G., the solicitor-general, and others. The judge was Mr. Justice Grantham. In the first race, the bar heavy-weight race Mr. Justice Bucknill's Jack (b. g. aged) came in fourth. In the second race, the bar light-weight race, Mr. Justice Bucknill's Longneck (ch. g., 6 yrs.) finished sixth. In the last race, The Inns of Court open race, Mr. Justice Bucknill's Longneck (ch. g., 6 yrs.) won by a hundred yards. A number of judges who apparently could not get away for the races attended the banquet. The lord chief justice presided, and subsequently responded to the toast The Winners." N. Y. Evening Post. Judge Waterman, of the Circuit Court, in a recent communication to the Law Notes, propounds some very pertinent questions, doubtless suggested by trial incidents coming under his own judicial observation. The judge asks: "If a lawyer knows his client to have knocked down, robbed and killed a workingman on his way home with his week's earnings, what may he properly do? May he rightfully make use of all his eloquence to convince jury and public that the deceased, having spent his money in debauchery, fell down and was thereby killed in consequence of his drunkenness? May he call to the stand witnesses to prove an alibi when he has the best of reasons for believing, and does believe, they testify to a falsehood? Having so done, may he add to their testimony the weight of his own char acter by positive assertion that they have told the truth, and that the witnesses for the prosecution have lied or are mistaken? May he ethically, confuse upon cross-examination, intimidate or timid witnesses who he knows have told the simple truth? If the interests of his client require it, may he by unjust inferences and double-meaning allusions parade a virtuous woman as a harlot? May he viciously assail the prosecuting witness as a perjured thief when he believes him to be at honest and truthful man? Finally, in any case, civil or criminal, is a lawyer an honorable man if to advance the interest of his client he deliberately tell a lie or endeavor to disgrace or cast obloquy upon one whom he believes to be undeserving thereof?" A husband's love is an asset of the wife, and she has a legal claim thereto. Such was the ruling of Justice McCarthy in a Philadelphia court on the 12th inst., in a damage suit for $100,000, brought by Mrs. E. G. Reading against Mrs. Anna R. Gazzam for alienating her husband's affections. The defendant moved that a nonsuit be entered upon the ground that the wife has no property right in her husband's affections and society. The court was quick to break in: "If a woman entices a husband away from a wife, has the woman no remedy? Must she fold her hands and endure it?" "The wife can get a divorce," answered Mr. Dale. "Is that all she can do?" asked the judge. Doesn't the law provide that she can make the other woman smart for it?" "It does not," replied Mr. Dale. "A wife has no property right in the society or earning power of her husband." "I will hear you upon that point," said the judge. In concluding his argument the lawyer said: "A husband can obtain damages against a man who leads the wife astray because an unfaithful wife may force a man to support children not his own. But a wife cannot collect money damages for the loss of her husband's affections." At the close of the argument Judge McCarthy made the following important decision: Mr. Commissioner Kerr, the judge of the City of London Court, who has been in failing health for some time, has been ordered abroad by his medical advisers, to try the effect of the Swedish treatment. He will be absent for two months. A legal decision just given in Paris lays it down that a French theater is responsible for articles left in the cloak room and lost, even though the attendant is not in the pay of the theater. A certain M. Drom has recovered £40 damages for a fur cape lost in this way. Lord Grimthorpe, who is the senior English queen's counsel and also the senior bencher at Lincoln's Inn, has, says the Times, completed his 84th year, having been born on the 12th of May, 1816. His connection with the bar extends over 62 years, he having entered as a student at Lincoln's Inn in March, 1838. He has been a queen's counsel nearly 46 years, having received his patent on the 10th of July, 1854. |