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ill with an infectious disease after the rooms were and of the splendid career of Marshall in the great leased. (Sarson v. Roberts [Eng. 1895), 2 Q. B office which he adorned for more than thirty-four 395, 14 R. 616.)
years cannot fail to be an occasion of profound From these authorities we may deduce the rule interest and importance to the American bench that a landlord who leases a house or apartments and bar. which he or his agent having charge thereof “Soldier, student, advocate, diplomatist, statesknows to be infected with a contagious disease, or man and jurist — he was one of the finest types of otherwise in such a condition as to make their American manhood in its best estates. His fame occupation dangerous to the health or life of the is the heritage of the nation, and it is befitting that occupant, is liable for resulting damages; and if the whole country should celebrate the appointed the tenant or any members of his family, without day. his or their fault, becomes sick or die by con- In the language of Judge Story, when voicing tracting a disease in consequence of his dwelling the sentiments of the great court on the official being infected when he rented it, the landlord is announcement of Marshall's death: ‘His genius, liable in an action based on such sickness or his learning and his virtues have conferred an death. But that he is not bound to give notice of imperishable glory on his country, whose liberties any subsequent sickness in the house or neighbor- he fought to secure and whose institutions he hood which might make the tenant wish to vacate labored to perpetuate. He was a patriot and a :he leased premises. Indiana Law Journal. statesman of spotless integrity and consummate
wisdom. The science of jurisprudence will forHOME OF THE FIRST U.S. CHIEF JUSTICE.
ever acknowledge him as one of its greatest bene
factors. The Constitution of the United States OLD RESIDENCE OF Join MARSHALL IN Rich
owes as much to him as to any single mind for the MOND, VA., Is To Be PRESERVED AS A
foundations on which it rests and the expositions MEMORIAL.
by which it is to be maintained; but above all, he
was the ornament of human nature itself, in the REPARATIONS are already under way for
beautiful illustrations which his life constantly prethe celebration of the centennial of the in
sented of its most attractive graces and most ele
vated attributes.' auguration of Chief Justice Marshall, first chief justice of the United States, which is to take place
Besides the exercises which will be held at the in his old home at Riclumond early in 1901.
Marshall homestead, it has been proposed that In view of this forthcoming celebration it is in
commemoration services be held at the national teresting to note that the general assembly of Vir- capital under the direction of the Supreme Court
of the United States with the aid and support of ginia has chartered the John Marshall Memorial Association, organized for the purpose of purchas- the co-ordinate branches of the government. ing his famous old residence at Ninth and Marshall
It is also expected that the day will be properly streets, in order to preserve it as a permanent
observed in all American colleges, law schools and memorial.
public schools in order that the student may beThe association will endeavor to keep the house
come more fully acquainted with the noble life and as nearly as can be in its original form, and such distinguished services of Chief Justice Marshall. furniture, books, manuscripts, portraits and other
The Marshall house is now owned and occupied relics as were possessed by him or connected with by two granddaughters of John Marshall, Misses him career will, as far as possible, be collected Emily and Anne F. Harvie. It was built about and used to furnish and decorate the old home. 1795, while Marshall was Minister to France. The association includes such eminent men Without any architectural pretensions this ColoChief Justice Fuller, ex-President Harrison, Ly-nial house is large and commodious. It is built of man D. Brewster, George F. Hoar and many brick, and is two stories high, with the solid walls other noted statesmen and lawyers.
and the steep sloping roof so dear to the heart of The following address of the American Associa- the last century architect. The rooms, opening tion of the Bench and Bar of the United States
on each side of the beautiful hallway, are lofty and regarding the observance of John Marshall day spacious, with walls paneled to the ceiling. In was recently delivered:
nearly every room is built an old-time fireplace, “By direction of the American Bar Association, and the entire woodwork is beautiful and suba committee composed of one member from each
stantial. State and Territory and from the District of Co- Fortunately, the march of time and the everlumbia has been appointed by the association in changing touch of progress has not harmed the reierence to the proposed celebration of John Marshall house. The exterior has never been reMarshall day, to take place on Monday, February modeled. The place remains exactly as it was 4, 1901, being the first centennial of the installa- built for its first owner. The famous garden, howtion of that eminent jurist as chief justice of the ever, in which Marshall used to indulge in his United States. A commemoration of this event I famous game of quoits, has disappeared.
It was sold many years ago, and is now built up wrote the simple inscription for his tomb, which with a long row of modern dingy brick buildings, bears but name and dates. but, despite this fact, the Marshall house has lost He is buried in Shockoe Hill Cemetery, of Richnone of its nobility; it stands apart, rich in historic mond, under a square granite tomb on which is memories with an impressiveness and a grandeur the simple inscription written by himself. – N. Y. all its own
Mail and Express. The Chief Justice was a great admirer of the ladies, whose society he very much enjoyed. He always warmly defended their equality in native
PRISONERS OF WAR. intellect with the sterner sex. He was remarkable also for his fondness for children and young HE position occupied by prisoners of war is men, and he always took an active interest in their surely one of those subjects within the scope sports and exercises, thus winning their love as of what is termed the law of nations which will be well as their respect.
of interest to many a lonely hearth, both in this Although his great modesty and the natural re- country and in the far-away regions of Southern serve of his manners in society might be supposed Africa. If. indeed, the public now read with to render him somewhat morose, Judge Marshall avidity, as we are assured they do, all expositions was of an extremely cheerful, even hilarious, dis- of international law concerning the general rights position and greatly enjoyed the society of per- and duties of belligerents and neutrals, much more sons congenial to him. He was a member of the are they likely to take an interest in that section Barbecue or Quoit Club, of Richmond, for more of the law which deals with the treatment to be than forty years, and always participated in the accorded to the prisoners of war. Probably in no exercises and recreations that took place at their other direction can the benignant influence of meetings, with great zest.
Christianity upon human conceptions be so clearly The judge was extremely unostentatious. He discerned, for the changes wrought by that influwas an early riser and was frequently seen return- ence, though of comparatively recent development, ing from market at sunrise with poultry in one can be traced back step by step, though relapses hand and a basket of vegetables in the other. He for a time into utter animalism are visible during also had a keen sense of humor. It is related that its progress. while at the market on one occasion a young man For an illustration of the policy enjoined in the who had recently moved to Richmond was fretting Mosaic period, it will suffice to recall the injuncand swearing violently because he could find no
tions contained in Deuteronomy as to the utter one to take his turkey home. Marshall stepped extirpation of the “Seven Nations.” Kings and up and offered to deliver the fowl at the young people, male and female, adult and infant, were man's house.
butchered relentlessly. The same fury can be seen Arriving at the house the young man inquired, in Roman and Greek times, though gradually it • What shall I pay you?”
was mitigated by being reserved for those who “Oh, nothing," was the reply; "it was on my withstood the storming of towns, the more comway, and no trouble."
mon form of treatment being slavery. Even in As Marshall walked away the other inquired of these times, occasional references are to be found a by-stander, “Who was that polite old man that to exchanges of prisoners and their ransome at brought my turkey home for me?"
fixed rates of payment. In the seventh and eighth “ That,” was the reply, “is Judge Marshall, centuries the Goths and Vandals earned for themchief justice of the United States."
selves everlasting execration for their savagery, In military service, at the bar, in Congress, in but superstition worked in favor of the victims of his political life, the judge was ever the same war who found safety at the shrines of saints. noble, honest, just, upright character, respected To an almost equal extent Mohamedanism had alike by both friend and foe. As a judge he had softened the asperities of a victorious general. To no rival, his knowledge being profound, his judg- such a pitch of civilization had the Saracens invadment clear and just and his quickness in appre-ing Syria arrived, that they were instructed to hending either the fallacy or truth of an argument spare defenseless persons, to avoid pillage, arson, surprising. He possessed an extraordinary union and all wanton destruction. Gradual improveof modesty and power, gentleness and force. ment became visible during the period subsequent What he knew he communicated without reserve, to the Reformation, and it has increased with the and he spoke with a clearness of expression and general increase of civilization. The old sentiin a tone of simple truth which carried conviction ments still, however, reveal themselves in milder
form, and can be justified to some degree on The Chief Justice died in Philadelphia, where he grounds of expediency, such as persuaded Buonahad gone for treatment, July 6, 1835. His intellect parte to execute an Eastern garrison, and such as, was unclouded to the last moment, and a few days reflecting the dim outline of ancient slavery, combefore his death, with characteristic modesty, he | pelled us to send the same Buonaparte to the re
mote island of St. Helena, and in recent times course a natural assumption, and presumably the induced us to deal once and for all with Osman release of some especially obnoxious or dangerous Digna.
individual may be subjected to some special conThe modern doctrines in regard to the treatment dition. to be meted out to prisoners of war are such as are One or two points of a totally different category calculated to cripple the enemy to the greatest may be just touched upon in conclusion; it is possible extent without inflicting unnecessary dis- possible that some difficulty may arise at any time comfort upon individuals. In the first place, al- in regard to them. Prisoners of war retain their most every person serving in the belligerents' original domicil so long as they are prisoners, but, forces may be made a prisoner of war. Not only upon electing to remain after the coercion has combatants but non-combatants may be thus kept ceased to exist, they may acquire a new domicil. under restraint. Police, guides, messengers, and Prisoners recognized by their captors as being telegraphists may one and all become prisoners; deserters from their own camps are liable to suffer but, on the other hand, it is doubtful if newspaper the extreme penalty. They are no longer recogcorrespondents can rightly be thus treated, though nized as antagonists of a lawsul description entitled probably there are few commanders of forces in to all the consideration due to a conquered foe, the field who would not welcome their capture. but as enemies of the most dangerous character. The practice in regard to chaplains and surgeons a somewhat similar way persons about to be seems to have varied from time to time, but the made prisoners who grossly abuse their position spirit of the Convention of Geneva, which is to their captors' detriment, as by a pretended use probably morally binding at the present day, con- of the white flag, are likely to get short shrift. templates the neutralization of the doctor, and Except, however, in extreme cases, the ancient more effective protection for those whom he is barbarities are happily fading away into the limbo tending.
of past history, and in place of the savagery of war The doctrines of international law debar a in the earlier times we find the more agreeable belligerent from subjecting his prisoners of war to maxim that Qui merci prie, merci doit avoir. – J. any confinement beyond what is reasonably requi- | H. J. in Law Times (London). site in effecting his object of depriving his enemy of a certain portion of his assets. Thus, it is not permissible to put such persons into jails unless
CHINESE CRIMINAL LAW. such treatment be necessary in view of efforts to
T is well known that there is very little mercan
tile law in China, and it is therefore the more only be subjected to stricter confinement. The
remarkable that Chinese merchants are distinpractice in regard to their subsistence has also guished for the strict integrity and fidelity with varied. At one time each State paid its adversary which they fulfill their contracts. The word of a for the expenses of feeding its subjects who had Chinese merchant is as good as his bond. become prisoners, but nowadays it is usual for Ex-Attorney-General Rosendale, one of our each belligerent to provide all necessaries for the most eminent Albany lawyers, who recently made prisoners brought into its territories. Sometimes
a tour of the Orient, tells us that it was the coman allowance in money is provided either in lieu
mon testimony of Americans and Europeans transof or supplemental to other provisions. Prisoners acting business there that it was so rare as to be are sometimes permitted to take up work of some
almost an unknown thing for a Chinese merchant kind for reward. The obligation to feed, clothe, to attempt to defraud in either the quality or the and care for prisoners is probably one of the main price of his goods, or in the payment of his debts. reasons which have called into being the release of
This is one of the most admirable traits in the captured persons on parole. Whilst it is not per
Chinese character, showing a native honesty not missible to force the obligations of parole on a
to be found in some of the other Eastern races, prisoner, it is generally a course of expediency, and probably accounting for the fact that there is especially when a siege is anticipated, to dismiss a very little Chinese mercantile law because there is large number of captives on terms which debar very little need of legislation to enforce mercantile them from participating in the active conduct of obligations. the particular hostilities then in progress. The
But the Chinese criminal law is copious enough, discharge of prisoners can be also effected by ex- and an octavo volume of nearly 700 pages has changes such as have already been made – if recently been devoted to its exposition by Mr. newspaper reports are correct — in the present Ernest Alabaster, who is a barrister of the Inner war. Ransoming is but a survival of the ancient Temple in London, an advanced student at Christ practice of enslaving prisoners, for it presupposes College, Cambridge, and a member of the Chinese that their victor possesses in their persons some- customs service. thing of pecuniary value. That the discharge of Among other items of curious and interesting prisoners follows the termination of the war is of information in this book, it appears that it is not
escape; such efforts lay prisoners open to being I
a crime to kill a robber who enters the house at throughout this entiah case have not been charnight, but it is a light crime to kill him if he enters actalized by the grossest prejudice against ouah in the daytime. To kill a man who is robbing a cause and the most patent pahtiality tow'ds ouah field by day is a capital offense, but if by night, the advalisayies. Was evah, suhs, since the heinous act is, in a measure, justifiable. A robber may be days of the despicable Jeffreys, the sanctity of a killed ir self-defense, and in China you are justi- | temple of justice violated by so shameless an exhified in killing the man who is desecrating your bition of judicial tuppitude and improvised jurisfather's grave.
prudence? What, gentlemen of the juIt is a greater crime to wound with a pistol than “ Misteh Counsel,” testily interrupted the bench, with a sword. Robbery from relations is not re- the cote views yo' remawks as peculiah, seh. garded so seriously as from others, for, from the The cote, seh, will suttenly hold you in contempt, Chinese point of view, if one steals from his rela- seh, fo' any repetition of such inuendoes.” tive he is merely taking what is more or less his “May it please the cote," replied the learned own by ties of kindred, and is guilty rather of counsel, “if this honahable cote, yo' honah, is breach of good manners than of actual crime. competent to hold the counsel in such contempt, There are rigorous penalties for wrecking.
suh, as is in any degree commensurate with that Receivers of stolen goods are often worse than in which the counsel holds this honahable cote, the thief. Breach of trust is treated with leniency, suh, the commonwealth of Kentucky itself, suh, is extortion with severity. Forgery is looked upon not wealthy enough to pay an adequate fine. The as a species of larceny. Oaths are not required counsel, yo' honah, petitions the cote so' a life in a Chinese court, and, therefore, perjury gets off 1 sentence, suh.” easily. Coffins must not be opened after they are “ Misteh Counsel," returned the bench, the once closed.
cote fines you five dollars fo' contempt, seh, and The principal punishments in China are slicing the sheriff is chawged with the custody of yo' pusof the body in pieces, decapitation, strangulation, son until yo’ fine is paid in full, seh. This bench, transportation, servitude, the bastinado, the cangue i seh, strives to accommodate the membehs of the or wooden frame around the neck, fetters, brand-bah when eveh it is consistent with its dignity to ing and fines and forfeitures.
do so, seh; and in this pawticulah case the cote Some of these punishments seem cruel and bar- considehs the amount of this fine as equivalent to barous, but are probably only resorted to in cases a life sentence, seh." of extreme depravity, for it is one of the maxims “ May it please the cote," rejoined the eloquent in the philosophy of Chinese government that the counsel, striking a pompous attitude with arms nation must be governed by moral agency in akimbo and thumbs in the armholes of his waistpreference to physical force.
coat. “A cote of justice, yo' honah, is an instituIt has been said of the Turkish government that tion, suh, the dignity of which should be preit is a despotism tempered by assassination; but sulived at all hazawds and respect fo' which should the doctrine in China is that the services of the be enfo'ceci at any cost. The procedure of this wisest and ablest men in the nation are indis- honahable cote, suh, in elevating its bench from a pensable to its good government; and that the position beneath contempt to the exalted pinnacle people have the right to depose a sovereign who, of judicial dignity upon which yo' honah has just either from active wickedness or vicious indolence, taken yo' stand, suh, commands my profoundest gives cause to oppressive and tyrannical rule. respect -- both fo' the bench and fo' its lunned
The emperor claims no hereditary divine right, and honalable incumbent, suh. Yo' honah is to and is not always the eldest son of the preceding be congratulated, suh, upon an act which will commonarch; the ablest son is nominated, but his mend itself to the esteem and admihration, as well right to the throne can only be established by as to the (molument, suh, of the commonwealth good government, in accordance with the prin- of Kentucky. ciples laid down in the national sacred books. * Now, suh," he continued, raising himself upon The Chinese penal code commenced two thousand tiptoe, stretching his commanding form to its full years ago, and copies of it are sold at so cheap a height and expanding his barrel-shaped chest to rate as to be within reach of people of the humblest its utmost capacity, “will yo' honah be so clevah - Albany Argus.
as to oblige me with the loan of five dollars to pay this fine. suh?”
· The cote is vehy much flattehed, Misteh FORENSIC SARCASM.
Counsel," said the bench, “by the high opinion
you have just delivered yo'self of, seh; but it 16 NENTLEMEN of the jury,” said the distin- opines, seh, that the commonwealth of Kentucky
guished barrister in the course of his can betteh affo'd to lose five dollahs than the presaddress to the enlightened twelve peers of the ent occupant of this bench can. Yo' fine is the'fo' commonwealth of Kentucky, “I submit to you, remitted, seh. You may resume yo’ augument, suhs, if the rulings of this honahable cote seh." – Irving Bradleigh, in N. Y. Com. Adv.
CONTRACTS FOR AN INFANT'S SERVICE. ents case, and apparently would have influenced
Lord Justice Fry in considering and approving the HE law is as old as Sir Edward Coke - and
terms of a deed of apprenticeship of an infant ward older -- that a minor may bind himself to pay
of court (cf. his judgment in De Francisco's case). for his good teaching or instruction "whereby,"
visions of the contract) are inequitable or not self afterwards." (Co. Litt. 1720.) It has been
depends on considerations outside the contract. more recently established that he can bind himself
If such provisions were at the time common to to labor for remuneration. And to-day we can
labor contracts, or were, in the then condition of hardly allow our thoughts to be confined to males
trade, such as the master was reasonably justified only. But in order that the contract shall be bind
in imposing as a just measure of protection to ing upon the minor, it is essential that, on its true himself
, and if the wages were a fair compensation construction as a whole, it shall be for his or her
for the services of the youth, the contract is bindadvantage. If it be not, he or she can repudiate, ing." (Leslie v. Fitzpatrick, 37 L. T. Rep. 461; not only the disadvantageous clauses, but the
3 Q. B. Div. 229.) whole contract. (Clements v. The London and North-Western Railway Company, 70 L. T. Rep.
The limited space at our disposal does not per896; (1894) 2 Q. B. 482.)
mit our entering into the details of the cases. The Now this evidently raises the very important
student may read, besides those already cited, question: What is for a minor's advantage in such
Reg. v. Lord (12 L. T. Rep. 0. S. 191; 12 Q. B. a contract? May there be no stipulation adverse Rep. 757), Meakin v; Morris (12 Q. B. Div. 352),
Evans v. Ware (67 . T. Rep. 285; (1892] 3 Ch. to the minor? May not the circumstances of the particular case and business be considered? May
502), Mattei v. Vautro (78 L. T. Rep. 682), and
Green v. Thompson (noted ante, p. 37). But we not regard be had to what are usual and customary, albeit undoubtedly restrictive or stringent,
venture to suggest that it is clearly deducible from
the authorities that a contract of service to be for stipulations between employer and employe in the trade?
the advantage of a minor must in no case throw
an unusual power into the hands of the employer, The answer, it will be found, rests upon the
without a correlative obligation being cast upon force to be attached to the words “ on the true
the latter. It is also observable that in all the construction of the contract as a whole." The effect of the last three words has been admirably
cases where the cessation of wages was held fatal, amplified in at least two judgments. First, by
the cause of such cessation was to be peculiar cirLord Esher in Corn v. Matthews (68 L. T. Rep.
cumstances wholly independent of any act of the 480; (1893] 1 Q. B. 310), where his lordship says:
minor, the principle apparently being that a cessaAs I understand, the rule laid down by Lord
tion of wages is in fact, in the large majority of Justice Fry (in the case of De Francisco v. Bar
cases, equivalent to a cessation of the means of
sustenance. num, 63 L. T. Rep. 38; 45 Ch. Div. 430), it is this: The mere fact of some conditions in the deed of
It seems to follow from what has been said that apprenticeship being against the apprentice does
it is advisable to proceed warily before commencnot enable the court, on that ground only, to say I ing legal proceedings upon a contract of service that the agreement void. It is impossible to
with a minor. It is common knowledge that such frame a deed, as between a master and apprentice,
a contract is usually arranged without professional in which some of the stipulations are not in favor advice, and, if reduced into writing, that an old of the one, and some in favor of the other. But verbose, ill-expressed form is filled up by the emif we find a stipulation in the deed which is of ployer to meet the circumstances as best he can. such a kind that it makes the whole contract an
It cannot, therefore, be surprising if the contract unfair one, then that makes the whole contract so arranged, when it comes to be critically examvoid.” And although it will be observed Lord ined by an expert, is found defective, and legally oi Esher here confines his remarks to deeds of ap
no binding force against the minor, because, upon prenticeship, a reference to the original judgment
a consideration of all its terms, it is not to his in De Francisco's case, and to Lord Justice Kay's manifest advantage, and the offending clauses canjudgment in Clements' case, will leave no doubt not be severed from the good and advantageous on the mind that these observations are equally
Law Times. (London). applicable to an infant's contract of service. Then, secondly, Mr. Justice Lush, in delivering the judgment of the court composed of Mr. Justice News of the death of Albert Francis Judd, chief Mellor and himself — upon the construction of a justice of the Supreme Court of Hawaii, has been contract of labor, used the following words, words received in this country. Chief Justice Judd's that have been approved by Mr. Justice Manisty political career began with his appointment as atand Mr. Justice Stephen in Fellows v. Wood (59 torney-general of the kingdom under Lunalino, L. T. Rep. 513), and by Lord Justice Kay in Clem- | in 1878.