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Creator, subject only to such restraints as are tion or from a third person. Also, if the additional necessary for the common weliare.' In the terse benefit to be gained by the issue and receipt of language oi Peckham, J., in People v. Gillson (109 trading-stamps" amounts to a gist and not to a N. Y. 389, 17 N. E. 345), liberty, in its broad lottery prize, it is immaterial that the aggregate sense, as understood in this country, means the gift value of a large number of stamps is lumped right, liot only of freedom from servitude, impris- in the obtaining of a single gift-article of very cononment or restraint, but the right of one to use siderable value. The material question involved in his faculties in all lawful ways, to live and work all cases of this class is whether an element of lotwhere he will, to earn his livelihood in any lawful tery or chance is involved. The Supreme Court calling anl to pursue any lawful trade or avoca- of Rhode Island in the principal case held that the tion.' (See, also, Frorer v. People, 141 Ill. 171, 31 statute was so broad as to prohibit gift enterprises N. E. 395, 16 L. R. A. 492; Allgeyer v. Louisiana, which were permissible in the building-up of trade. 165 U. S. 389, 590, 17 Sup. Ct. 427; Guthrie, supra, The opinion of the court, however, cites and ap109). This inalienable right is trenched upon and proves of a large number of cases in which “tradimpaired whenever the legislature prohibits a man ing-stamps” enterprises were condemned because from carrying on his business in his own way, pro- they substantially constituted lotteries. – N. Y. vided, always, of course, that the business and the Law Journal. mode of carrying it on are not injurious to the public, and provided, also, that it is not a business which is affected with a public use or interest.

Legal adit and Numor. Now, it was certainly within the constitutional right of the defendant in this case to sell tobacco

Mr. Brougham, when at the bar, opened before it being presumed, of course, that he had obtained

Lord Chief Justice Tenterden an action for the the necessary authority to deal in that article; and,

amount of a wager laid upon the event of a dog as an inducement to people to trade with him, it fight, which, through some unwillingness of the was also his right to give to each purchaser of a

dogs or men, had not been brought to an issue. certain quantity of tobacco, either directly or

We, my lord,” said the advocate,

were minded through a third person, some other designated

that the dogs should fight.” “ Then I,” replied article of value, by way of premium. The statute

the judge, “am minded to have no more of it; in question, however, steps in to prevent him from

and he called another case. adopting such a course to procure trade, and from Lord Kenyon was conspicuous for economy in it to secure an income and livelihood; and he is every article of his dress. Once, in the case of an thus restrained in the free enjoyment of his facul- action brought for the non-fulfilment of a contracı ties to which he is constitutionally entitled, unless on a large scale for shoes, the question mainly was such restraint is necessary for the common wel- whether or not they were well and soundly made fare, in one of the ways heretofore mentioned, and and with the best materials. A number of witwe cannot see that it is. In other words, the stat- nesses were called, one of whom, being closely ute says that A. shall not sell to B. a barrel of questioned, returned contradictory answers, when flour, and, in connection with and as a part of the the chief justice observed, pointing to his own contract of sale, give to B. a coupon which will shoes, upon which a broad silver buckle: entitle him to receive from C. a pound of tea, a "Were the shoes anything like these?” “No, pitcher, a lamp, a clock, a door mat, or some other my lord," replied the witness; “they were a great specified article of merchandise. If the act had deal better and more genteeler.” The court was prohibited the giving away of any stamp or device convulsed with laughter, in which the chief justice in connection with the sale of an article, which heartily joined. -- Law Times. would entitle the holder to receive, either directly from the vendor, or indirectly through another person, some indefinite and undescribed article,

Legal Notes. the nature and value of which were unknown to the purchaser, there would then be introduced into

Justice Field had an ambition to serve longer as the prohibited transaction enough of the element

a Federal judge than any of his predecessors, and of uncertainty and chance to condemn it as being it is commonly supposed that he did. But our in the nature of a lottery."

own John Jay Jackson has served about six years Fully realizing that “trading stamps enter-| longer. He was appointed by President Lincoln prises naturally tend to develop into actual lotter- on August 3d, 1861, and therefore has seen a conies, we nevertheless think that the present Rhode tinuous service of thirty-nine years. Field was apIsland decision is sound, as was the decision in the pointed by Lincoln in 1863, and his period of servGillson case in New York. If a premium upon a ice was therefore about thirty-three years. Judge sale of goods is essentially a gift, as distinguished | Jackson is now in the seventy-ninth year of his from a prize of chance, it is immaterial whether it age, and is as chirpy as a young gobbler. – West proceeds from the vendor in the original transac- | Virginia Bar.



Hon. N. L. Johnson, of Elyria, one of the best against the East Tennessee, Virginia and Georgia known and oldest members of the Lorain county, Railroad; the case of the Choctaw, Chickasaw and Ohio, bar, died recently in that city. He was born | Wichita Indians, involving title to several acres of at Lenox, Mass., February 23, 1823. He gradu- land in Indian Territory, and the case of Li Sing, ated from Williams College, Massachusetts, in a Chinaman, against the United States, presenting 1852, and irom Harvard Law School in 1854. He a phase of the Chinese exclusion act. was admitted to the bar the same year, and in 1863 removed to Elyria, where he has since resided, practicing his profession. A short time ago Mr. Johnson became the senior member of a law firm

English Notes. composed of himself, his son, Ben W. Johnson, and Fritz Rudin.

Sir Peter O'Brien has taken, on his elevation to

the peerage, the title of Lord O'Brien of KilOi the 3,441 students enrolled at the University

fenora, in the county of Clare. of Michigan, 38 come from foreign countries. On tario sends 19, Japan 7, Germany 4, Mexico 2, Sir Peter O'Brien, who has been raised to the South Airica 2, China I, Egypt 1, New Bruns. peerage, was born in 1841, and has been lord chief wick 1, Turkey 1. The present year is a record | justice of Ireland since 1889. He has filled many breaker for attendance at the Michigan State Nor- official positions in Ireland, including those of mal, the number of students enrolled being 1,421. crown prosecutor, solicitor-general, and attorneyProf. Dimon H. Roberts, of Winona, Minn., a general. It was when acting as crown prosecutor graduate of Cortland, N. Y., Normal and Amherst in cases arising out of the disturbed condition of College, has been elected superintendent of the

Ireland that Sir Peter earned his reputation. The training school of the Michigan State Normal. difficulty of getting convictions owing to the symThere are 837 students enrolled in the law depart pathy of the jurymen with the particualr agrarian ment at University of Michigan.

crime then rampant led Sir Peter to exercise to Four women graduated in the three years'

its fullest extent his right of challenging jurors in

order to secure a fair panel. He was in consecourse and received the degree of bachelor of laws: Miss Clara J. Breese, Miss Agnes A. Gra

quence dubbed by the Nationalists Peter the

Packer." ham and Miss May F. Power from the Chicago College of Law, and Miss Nora L. Morton and The existing great seal being worn out, it has Miss Ellen Gertrude Roberts from the Kent Col- been stated in parliament that a new great seal lege of Law. Miss Power was admitted to the is to be designed and cut at a cost of about £400; Illinois bar October 14, 1899, and Miss Breese and and inquiries are being made as to what will beMiss Graham both passed the examination for come of the present seal when the new one is admission to the bar before the State Board of approved and put into use. Since the time of Law Examiners, May 3, 1900, and expect to re- Elizabeth, though theoretically there might be a ceive their license this week from the Supreme keeper of the great seal as distinct from the chanCourt. Judge Sidney Breese was the grand-uncle cellor, the two offices have never been full at the of Miss Breese. Miss Breese was awarded the same time, and since 1760 no lord keeper has been Callaghan & Co. prize, being fifty dollars in law appointed, and the custody of the great seal has books of their own publications, for attaining the always been with the lord chancellor of Great highest proficiency in her studies. What were the Britain. He is bound always to have it in his young men of her class doing to allow this? Miss custody, and may not take it out of the realm. Ellen Gertrude Roberts was awarded the T. H. Wolsey was impeached for disobeying this rule. Flood & Co. prize. — Chicago Law Journal. But it is said that Lord Brougham took it to ScotWhen the United States Suprenie Court ad

land with him, which was perfectly legal, and, journed on the 28th ult. for the term it left 304

when there, used it as a frying-pan to make an

omelette. - Law Journal (London). cases on the docket undisposed of, which is just the number left upon adjournment in May, 1899. Mr. Justice Mathew, speaking at the annual During the term 370 new cases were filed, and in meeting of the Romilly Society for the Amendexactly that number

were arguments heard or ment of the Criminal Law, said he was entirely brieis submitted during the term. Of the cases opposed to the flogging of criminals. Robbery argued and submitted thirty-eight go over to the with violence was a most serious offense, and penal next term without being adjudicated. These in- | servitude was the proper punishment for it. Nothclude among others the cases involving the anti- ing could be more injudicious than to take a brute, cigarette law of Tennessee and the registration law confine him to jail, and have him flogged at interof South Carolina, two cases testing the effect in vals. Being of a brutal nature, and subjected to one State of divorces granted in another State; brutal punishment, how could the man do anything an important interstate commerce case from Ten- else than go wrong and take to evil courses again? nessee, involving the charge of discrimination If in the case of crimes against morality the



country made up its mind that punishment should

Correspondence. be by ihe lash, its intliction should not be optional. But offenses of this nature varied so much in de

A PECULIAR WILL. gree that it would be entirely wrong to order it in the case of, say, a young man who had borne a

To the Editor of the Albany Law Journal: good character. He therefore deprecated most strongly the use of the lash in any case

Seeing an excellent article in the last issue of

your journal respecting wills, I thought I would In an obituary notice of the late Sir John send you a portion of the unique will of a certain Hawkins Hlagarty, ex-Chiei Justice of the Province person who died some years ago in this town. of Ontario, the Canada Law Journal says: He One of the peculiarities is that it is written on was a sound and well-read lawyer with a keen nine pages of foolscap, and instead of reading from mind, rapidly grasping the salient points of a case, the front or forward pages to the last it is the latter and quick to detect a iallacy. Strongly conserva- that you commence to read from, or what is called tive in his views, he took no pleasure in change or number one: modern freaks, legislative or otherwise, and cared “ In the name of God amen I

being not for the fusion of law and equity, preferring to weakly in body tho sound of mind memory & the last the ways of the common law, in the law

understanding do make publish and declare this to and practice of which he was an adept. As is well

be my last Will and Testament, hereby revoking known he had a cultivated taste in general litera

any former will or wills codicil or codicils by me ture, and it is said of him, what can be said of few

at any time made, that is to say, I first do most others, tha: he had read all the books in his large humbly commit and commend my immortal soul and carefully selected library, and to a remarkable

unto Almighty God, resting in the hope that He extent he remembered what he read.

will of His sovereign mercy and goodness receive His career was the result of sterling ability and

it into his affectionate care and possession at the not due to politics or extraneous causes, for he

last day. That my body shall be enclosed in a sought no honors, but was on the contrary a

good, stout coffin, the same to be covered with modest, retiring man, who always deprecated be- black cloth, having a breast plate upon it and ing thrust into notoriety. His memory will be

other suitable furniture. That a minister of the cherished by the profession as the memory of an

Church of England shall preach a service in the able, conscientious, and learned judge ever de- house and also officiate at the grave for which serves to be, and he linked us to the best traditions services he shall receive his dinner and one pound. of the bench and bar of old Upper Canada.

That four singers shall sing a few verses in the The privilege of sanctuary, abolished in this

house and also in proceeding to the grave, for

which service they also shall receive a dinner and country so long ago as the reign of James I, but

ten shillings. That four Englishmen are to carry surviving in Scotland till comparatively recently, so far as giving protection to insolvent debtors my body to the grave, for which service they also was concerned, still appears to flourish with un

shall receive a dinner and ten shillings each; the abated vigor in Persia, where, indeed, the natives

funeral to be at ten o'clock A. M., and that my body have shown marvelous ingenuity in making so

be buried six feet deep, clear of the coffin, the niodern an appliance as the telegraph subserve the

grave to be in the centre of the enclosure now purposes of a sanctuary, says the Law Times. In

known as lots 21 & 22 Huron street, West, situate that country, says Prof. Jenks in his little book, above the hill at the back of the house in which entitled “ A History of Politics,"

Town I now reside, the space of ground occupied

every one has a right to approach the shah by telegram, if he by the grave &c to be twelve yards square, the

same to be planted with evergreens &c and be prepays a reply. The man who apprehends violence goes to the telegraph office, dispatches his

enclosed with a stout fence of cedar posts rails and appeal, and sits down to await the answer.

As pickets seven feet in height, the grave posts or things in Persia move with deliberation, this is

stone to be planted and have a suitable inscription probably several days in arriving. But as the

upon it. And secondly with regard to my worldly telegraph office is the shah's property, it is sanc

property' tvary; and the suppliant, so long as he remains The executors were two Scotchmen and one there, is safe. It is no uncommon thing, there- | Englishman; neither of the former got a dinner fore, to see a little group of suppliants, fortified because they knew nothing of their being execuwith food and drink by their relatives, crouching tors until they were served with a writ, and then in the telegraph office, while a corresponding they renounced, the other executor having progroup of avengers of blood waits eagerly outside.” | ceeded to sell the property without even taking Presumably, telegraphic business is not extensive out letters probate. in Persia, else such a condition of things would be Kincardine, Ont., May 31, 1900. likely to prove somewhat embarrassing to the

Yours truly. officials!






The Albany Law Journal.


annual meetings and of the responses to toasts at banquets. These lists, which are to be kept standing and supplemented each

year, really constitute a convenient and A Weekly Record of the Law and the Lawyers. Published by handy index to the mine of interesting and Contributions, items of news about courts, judges and lawyers' valuable literature which too often remains addresses on legal topics, or discussions on questions of timely buried in the annual reports. The current interest are solicited from members of the bar and those interested in legal proceedings.

volume is quite up to any of its predecessors

in attractiveness and value, and we congratu(All communications intended for the Editor should be ad. dressed simply to the Editor of THE ALBANY LAW JOURNAL, late the secretary upon the results he has All letters relating to advertisements, subscriptions, or other business matters, should be addresscd to THE ALBANY LAW

achieved. One of the best things in the JOURNAL COMPANY.)

volume is the text of the response made at Sabecription price, Five Dollars per annum in advance. Single the annual banquet by Mr. Lewis E. Carr, Qumber Twenty-Five Conts.

of this city, to the toast on the unique sub

ject, “The Lawyer and the Hod Carrier." ALBANY, JUNE 23, 1900.

It is in that famous after-dinner speaker's

best vein, containing not only flashes of wit Current Lopics.

that kept the table in a roar, but true wisdom

and pathos as well. HE ALBANY LAW JOURNAL has received from the secretary, Mr. Frederick E.

At the recent flag-day celebration in BaltiWadhams, a copy of the Annual Report of

more, Md., one of the poems read was by the New York State Bar Association for the current year, embracing the proceedings of Mr. Edwin Higgins, a well-known poet-lawthe Association at the annual meeting in this yer of that city, who has been a valued concity in January last, together with reports for tributor to the columns of the Albany Law

JOURNAL. The lines referred to are apthe year 1899. It makes a book of more than 500 pages, very attractively printed by


Our flag to-day waves on the breeze, The Argus Company, of this city, and con

Countless as boughs on the forest trees; taining much that is of value to every mem

O’er prairies rich with golden grain, ber of the legal profession. The volume O'er steam and sail, o'er peaceful main, contains, besides a copy of the act under O'er cities fair with happy throng, which the Association was organized and the

O'er cannon with their thunder song;

It waves on high o'er school and home constitution and by-laws, the addresses and

As proudly as o'er stately dome. papers presented at the annual meeting and the proceedings in full, as well as the toasts

About its folds doth glory cling .

Like blossoms on the breast of spring; and responses at the annual banquet held at

Its tints, born of the jeweled morn, the Hotel Ten Eyck. The book is embel

When Day treads in the steps of Dawn, lished with excellent half-tone engravings of Were woven there by patriot hand the retiring president of the Association, Mr. When cries for freedom rent the land; Walter S. Logan, of New York City, and of

They bathed its stripes in blood and tears

And rose triumphant o'er their fears.
Judge Henry B. Brown, of the United States
Supreme Court, who delivered the annual See! all its stars are priceless gems,
address upon the subject, “ The Liberty of

The brightest in Time's diadems;

And as the fleeting years go by the Press A new and excellent feature

It borrows others from the sky which Secretary Wadhams has inaugurated

To set them in its field of blue with the present volume is a complete com- Blest union of the brave and true; pilation by titles of the annual addresses by And ne'er shall one bright star go down

While Valor doth brave Justice crown.
presidents and by others than presidents from
the organization of the Association to date, It fires the heart of youth and age
and also of the titles of all the papers read at

With spirit of a deathless page;
Vol. 61 – No. 25.

It breaks Oppression's iron rod,

peradventure the police officer was liable for Bids all the world have faith in God.

every hour he detained the plaintiff after he List to its clear prophetic voice:

and his associate officer had secured the reDear Freedom is the people's choice. O Flag! Hope of the waiting world!

mand from the magistrate for a reason which Wave till Time hath all banners furled.

could not have availed them liad they then

charged the plaintiff with the misdemeano The New York Supreme Court, Appellate | The consequence was that Mr. Snead obDivision, First Department, recently rentained a confirmation of the judgment of dered a decision of considerable interest with $500 that had been awarded by the jury in respect to the rights of citizens, particularly the lower court. with regard to their immunity from arrest by police officers who are acting under no more definite authority or motive than that

Notes of Cases. of suspicion. The case referred to was that

Municipal Corporations False Imprisonment of Sneed v Bonnoil. While the plaintiff was

Invalid Ordinance. — In Masters v. Village of emerging from a pawn-shop with a bag filled Bowling Green, decided by the U. S. Circuit with jewelry and silverware, two policemen, Court, N. D. Ohio, W. D., in November, 1899, it one of whom was the defendant, arrested

was held that where a municipality acts in good him, saying in explanation of their conduct, faith, without malice, in the arrest of one charged

with violating an ordinance, it is not liable in damthat they wished to ascertain what he had in

ages, although the ordinance is invalid. The the bag. In reply he said that the property, court said: as he could prove, belonged to him. He The plaintiff sues the defendant, for that the dewas, nevertheless, taken to the station-house fendant is a municipality, duly incorporated under and locked

the laws of the State of Ohio, in the United States When up. a search was made of

of America. Plaintiff says that he is a resident of his person it was found that he had a loaded

the State of Pennsylvania, in the United States of revolver After having him remanded for America; that he is agent for the firm of the Boyd twenty-four hours in order to find out Ointment Company, having its principal office and whether the charge of being a “suspicious place of business in the city of Kittanning, in the

State of Pennsylvania, in the United States of person,” which is a misdemeanor, could be

America, in which city and State the plaintiff is sustained, the officers decided to change this

also a resident. Plaintiff says that he is engaged charge to the carrying of concealed weapons, as an agent for said firm, in the business of diswhich is a felony. Although the Appellate tributing circulars, bills, and advertisements of Court, to which the case was carried, thought and selling and delivering, a certain medicine or

salve known as that the circumstances might justify the be

Boyd's Ointment," to various

persons in the United States of America. Plainlief that Mr. Snead was a suspicious person, tiff says that the authorities of the village of Bowlhe could not be held on a charge different ing Green caused the plaintiff to be arrested and from the one for which he had been arrest d

taken before the Hon. Almer C. Campbell, mayor “There can be no general right," it said, “to

of said village aforesaid; that he was arrested on arrest a citizen for an undisclosed offensc. pretended warrant issued by Mayor Campbell for

an affidavit made by one Davenport, and upon a The police officer cannot arrest a man for his said arrest. Plaintiff says that after his arrest, one cause, and when that is exploded, justify and on the 29th day of May, 1899, the said Hon. for another. Such a doctrine would be an

Almer R. Campbell, as mayor of the said village incentive to the loosest practices on the part said Davenport, as marshal of said village, to cause

of Bowling Green, as aforesaid, commanded the of police officers, and a dangerous extension

this plaintiff to appear before the mayor of sair! of their sufficiently great powers.” Again city, at his office in said city, on the 20th day of the court said concerning the detention of May, 1899. to answer the charge set forth in said Mr. Snead without bail: Thus the officers warrant. Plaintiff alleges that the ordinance under utilized the felony charge to detain the plain-l in conflict with the constitution and laws of the

which he was arrested is an illegal ordinance, and tiff for at least twenty-four hours beyond the

United State, and especially the Interstate Comtime he was entitled to his discharge upon merce Act: wherefore he claims damages from the bail upon the misdemeanor charge. Beyond | village authorities.


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