money, we take one step toward decay and the finale commences. I speak upon the subject with some feeling. It is said that history often repeats itself. Our government is a little over 120 years of age. Its growth is remarkable, its greatness wonderful, and it is with awe that I am proud of this nation, proud of this flag. Why, then, should we not have its interests at heart?

"You see daily in the papers, it is borne to you on almost every breeze, that it is necessary for millions of dollars to be raised in order to elect this nian or that man. It is time to call a halt and put a stop to it. The crusade must be commenced sconer or later, and it may as well be commenced in this little mountain State as anywhere else. Our motto is Mountaineers are always free,' and it is the best place in the world to begin a reform of so great importance. I feel that it is the duty of this court and of the courts of the country to point out this thing.

"Judges should not be permitted to engage in political trifles, but I mean that they should set an example to those who surround them, as to the manner of conducting the voting in this country. My attention has been called to this matter by letters from members of both the old parties, and I should hardly call your attention to it, were it not for this fact. I do not want this grand jury to take up old cases of violation of the federal election law. because they are swept away by the Statute of Limitation, and you can hardly take up cases growing out of the present campaign, because the crimes have not been fully committed. Wait until after the election and investigate impartially and without fear or favor.

"In the course of nearly forty years on the bench I have never shrunk from duty, I am happy to say. I trust and hope that in the coming election everybody will vote free and untrammeled, and that no vote will be sold or purchased. I may be pardoned for expressing this hope."- Chicago Law Journal.

LIABILITY OF CONSTABLE FOR NOT
RETURNING EXECUTION.

A mooted question as to the liability of a constable for not returning an execution within thirty days (the time allowed by the statute) was recently decided by Judge Evans in the Court of Common Pleas of Franklin county, Ohio.

It has been claimed among constables, justices and attorneys for a long time that, notwithstanding the provisions of section 6668, subdivision 1 of the Revised Statutes of Ohio, if a constable fails to return an execution within thirty days, he is liable to the execution creditor for only actual damages sustained by the neglect of the constable; that, if the execution debtor is insolvent and the execution could not have been made, nominal damages only can be recovered of the constable. The decision of Judge Evans, however, is to the contrary.

The case referred to is that of Bowland, Bell & Martens v. George Bell, Constable (No. 41, 168, Franklin County Common Pleas). The plaintiffs sued Bell, constable, alleging in their petition that he had failed for more than thirty-four days to return an execution issued to him against Mr. and Mrs. Witman, for the sum of about $254, and claimed judgment against Bell for the full amount "In this connection the Civil Service Act of of the execution and costs, because of his failure January, 1883, has something to say on this subject. to return the execution in thirty days, as required This act authorizes the President and civil service by statute. Constable Bell answered the petition, commission to prepare and enforce rules for the und admitted the facts, but set up a defense and in government of civil service interests. In accord- mitigation of damages, and to reduce the amount ance with this act the President and the civil service of recovery, that the defendants in execution were commission have formulated certain rules which insolvent, and that his neglect to return the writ are a part and parcel of this act. Section 12 pro-had, consequently, not damaged the plaintiffs, Bowvides that no person shall, in any room or building and, Bell & Martens, in fact.

owned by the United States government or occu- H. M. Butler, attorney for Bowland, Bell & Marpied for its use, or in any navy yard or boat of the tens; John F. McFadden, attorney for Bell, United States government, receive money or any-constable. thing of value to be used for a political purpose.

"Section 13 provides that no person, clerk or officer, senator or other representative or person in the employ of the United States shall contribute money or anything of value for any political purpose. Section 15 provides what penalty shall be imposed for violations of this act. The rules, therefore, provide that no person in the executive er civil service can use his official office in an election or make any attempt to control the result thereof. I have called the attention of the grand jury to this matter more for the purpose of attracting the attention of the country and the officers to what is expected of them.

The attorney for the plaintiffs cited 26 Ohio St. p. 488; Swan's Tr. 528; 10 Illinois, p. 559; 4 J. J. Marsh (Ky.), p. 79; R. S. of Ohio, sec. 6668, sub. 1. Defendant's attorney cited 6 Ohio, p. 13; 15 Ohio St. p. 43; 25 Ohio St. 255; 38 Ohio St. p. 416. Held, by EVANS, J.- That, while in a suit brought it common law and in the absence of any statute ixing the amount of the recovery for the neglect of ministerial officers (such as sheriffs and constables) such officers were liable only for actual damages resulting from their neglect of a statutory or legal duty, yet, where a statute fixes the amount of the recovery, or a penalty for the neglect in quesion, and suit is brought under it, such statute

governs, as to the amount of recovery, it being intended by such statute to liquidate and make certain the amount, if necessary, regardless of actual damages. Consequently, whether the defendants in execution, Mr. and Mrs. Witman, were insolvent or not, if the constable failed to return the execution in the statutory time, he is liable under section 6668, Revised Statutes, subdivision 1 for "the amount of the execution," regardless of whether or not any actual damages can be proven to have resulted from the neglect to return the writ in thirty days.

The cases in 10 Illinois, p. 559; 4 J. J. Marsh, p. 79; 26 Ohio St p. 488 (above cited), followed. The demurrer of plaintiffs to the answer of Bell, constable, sustained, and judgment accordingly in their favor against Bell, constable, for the full amount of the execution and costs.- Weekly Law Bulletin.

I

LAW AND LOGIC AGAIN.

to show his readers that the law can dispense with logic and get along fairly well, if not a little better than with it. He seems to think and say that a logical conclusion may be drawn, but, when drawn, must be subject to variations by a judge, in order to work in some of the other forces that are at work in the development of the law. As if "Home, Sweet Home" were still "Home, Sweet Home," though admittedly put to music, with variations. But there is the difficulty with those who look upon logic as a process of reasoning," and not as reasoning itself.

Mr. Fox gives a specimen of logic, as follows: "All men are mortal.

All kings are men.

Therefore, all kings are mortal."

Under Mr. Fox's view of logic the conclusion irresistibly follows that "all kings are mortal." Not so with my poor little learning. I have learned that the middle term may be ambiguous. "Men" is the middle term in the syllogism mentioned. I have also learned that there may be ambiguity in the major term. "Mortal" is the major term. And that there may be ambiguity in the minor term. Kings" is the minor term in the syllogism given. Does not logic say, Mr. Fox, that if it be granted as true that All men are mortal" and that All kings are men," then it must follow that," all kings are mortal."

But, suppose the issue in a lawsuit were that all kings are mortal-affirmed by one side and denied by the other. What hope in law would there be for the success of the affirmative — of the negative?

T IS difficult to understand why there is such a misconception of the relation of law and logic, or, rather, law to logic. Mr. Jabez Fox's article in the Harvard Law Review, published in the ALBANY LAW JOURNAL of September 22, on Law and Logic," is surprising in its conclusions, considering the source. The writer of that article quotes, with approval, Chief Justice Holmes' assertion that "the notion that the only force at work in the development of the law is logic," is fallacious. The first statement of the writer of the article is meant to carry conviction that logic has small place in the law. "It appears," says Mr. Fox, that the logicians themselves are not agreed in their definition of logic," as if they must agree on a definition before logic shall be considered a factor in the development of the law. It certainly never was contended by logicians that logic is the "only" force at work in the development | The court might, at the suggestion of counsel for of the law. Logic is great, but I do not think its most devoted friends will contend that it is the "only" force at work in the development of the law. Mr. Fox says that most of us laymen, when we think of logic, think of the syllogism a process of reasoning by which, from certain general propositions which are assumed, we reach an irresistible conclusion."

O, logic! Poor logic! What errors are committed in thy name! "A process of reasoning!' Then there must be other processes of reasoning are there, Mr. Fox - Chief Justice Holmes?

It is distasteful to one who knows how little of logic he knows to appear to criticise those who must know so much of it, but the writer of this article begs to assure its readers that he eschews all presumptions of superior wisdom, and in no manner wishes to set himself up as learned in applied logic. The little that is known of logic by the writer hereof tells him that the whole fabric of Mr. Fox's argument must fall, if it is his intention

Here is my idea of it and it conveys my idea of the relation of logic to law very well. The affirmative would offer proof to the court that all men are mortal, and, undoubtedly, ought to prove it. That side would also be compelled to offer proof that all kings are men, and they ought to prove that, too.

defendant, ask counsel for affirmative what he meant by "kings." O, that would be easy for counsel for affirmative, perhaps! "Why, your honor, kings are hereditary monarchs," counsel for affirmative would likely suggest. The court would ask counsel for defendant if he agreed with that definition. No, your honor," say counsel for defendant, we contend that the word kings' is susceptible of a broader meaning than mere heredi-. tary monarchs,' first, for the reason that not all hereditary monarchs are kings nor all kings hereditary monarchs; and, second, that is is claimed by the followers of the Nazarene that He is a King." If the court were puzzled, he would say: "Gentlemen, you must agree on a definition of the word kings," and before the case could properly proceed further. that must be done, if law and logic have any relation to each other. Suppose, then, that each of the terms, the major, the minor and the middle, were given an absolute limit, agreeing with the common acceptation. The court would then say:

I

find that all men are mortal, and I further find that | how idle it is to say that because he must weigh all kings are men; therefore, I must conclude that the circumstances and give judgment accordingly, all kings are mortal, and I, accordingly, give judg-"logic is not the only force at work in the development for the affirmative." ment of the law."

Therefore, he is guilty of murder.

This is not so perfect a syllogism as the one given by Mr. Fox, for the substance of the major and minor propositions only is given. In other words, the middle term is the Massachusetts definition of murder. Now, the court will take judicial cognizance, in trying a man of murder in Massachusetts, of the law, perhaps, or, as in Indiana, the jury must have the law read to them and proved as a fact, almost, since they are judges of both the law and the facts in criminal cases. The State, then, would prove what will constitute murder, and would prove that the accused committed the act defined, if they

If right-thinking were the only kind of thinking done and right conclusions were always drawn from premises, then, indeed, would logic be the only force at work in the development, not only of the law, but of all progress in the sciences. The human

ity of man and his propensity to err are the only

other forces at work in the development of the law, except the counter-balancing force of the spiritual

man, that he should do better-and this is civilization. Civilization dispenses with the errors of the past as it advances, and there can be no advance in civilization until some error of the past is put aside without a new one being taken on.— Robert J. Brennan, of the Indianapolis Bar.

GOOD ADVICE TO YOUNG MEN.

President Porter, Yale College: "Young men, you The following epigrammatic periods are from are the architects of your own fortune; rely on your self-reliance. Inscribe on your banner: · Luck is a own strength of body and soul. Take for your star fool, pluck is a hero.' Don't take too much advice;

could. In case the State succeeded in the proof of the major and minor propositions, the conclu- remember that the art of commanding is to take a keep at the helm and steer your own ship, and sion of the court or jury would be, if correct, "the fair share of the work. Think well of yourself. accused is guilty." Is that all? No, the punish-Strike out. Assume your own position. Put potament would necessarily be fixed! How is justice toes in a cart, go over a rough road and the small to be tempered with mercy? There were some ones go to the bottom. Rise above the envious and extenuating circumstances. In some States the judge or jury must take those circumstances into jealous. Fire above, the mark you intend to hit. Energy, invincible determination, with a right consideration in such a case. In both Massachumotive, are the levers that move the world. Don't setts and Indiana, however, if the indeterminate swear. Don't deceive. Don't read novels. Don't sentence laws apply in the case, the judgment of the marry until you can support a wife. Be civil. court would be in accordance therewith. But all Read the papers. Advertise your business. Make States do not have the indeterminate sentence laws. money and do good with it. Love your God and fellow-men. Love truth and virtue. Love your country and obey its laws."

In all such States the other forces" at work in the
development of the law" are taken into considera-
tion by the triers of the accused in the case of
indeterminate sentence laws, by the legislature.
It ought to be clear from these considerations to
all as it is to the writer that no issue can be
raised, no question decided, but that logic plays its
inevitable part, unconsciously, perhaps, to the parti-
cipants in the issue, but certainly and as surely as
either addition, subtraction, multiplication or divis-
ion must play a part in every mathematical
solution I do not say demonstration, because one
or all of these principles enter into every mathemati-
cal solution of a problem, though there be no
demonstration.

The logical solution of a problem in law may be had only by the one principle, though its form varies through nineteen different ways of placing the subject and predicate of the propositions composing the syllogism, but when the conclusion is reached, when a truth is forced upon the judge,

Has the time not come when Great Britain might, with advantage, accede to the scheme of arrangement for the international registration of trademarks adopted at Madrid in 1891? As to the intrinsic merits of the scheme there is no dispute. The applicant notifies to the international bureau at Berne his desire to avail himself of the Madrid Convention, paying a fee which covers at once the expenses of the bureau and those of the various national trade-mark offices. The total expense, it may be added, is less than that which independent national registration would involve. On receipt of the application and fee the Berne office communicates with each of the contracting States and the

international registration is effected, unless any State refuses the mark on grounds indicated by its municipal law. The staple objections urged by this country to registration under the Madrid scheme are far from insuperable. It would involve fresh legislation, no doubt; but the saving of time and money effected would more than compensate for the trouble of getting a new Trade-Marks Act through parlia ment. The difficulties of getting the blocks of a proposed trade-mark, as required by our present law, and the publishing a description of it, could be met by authorizing the use of an authorized translation of the official description published in French by the international bureau, and our municipal provisions, as to disclaimer, could be complied with either by the applicant indicating the essential particulars of his mark, or by the British patent office undertaking to define them.- Solicitors' Journal.

lishers to prepare a similar edition of the companion work, “Old Landmarks and Historic Personages of Boston," which Mr. Drake has thoroughly revised. A feature of the new edition will be a number of new full-page illustrations. (Little, Brown & Co.) The October number of McClure's opens with an article on The Strategy of National Campaigns," attractively illustrated by Jay Hambidge. The frontispiece, showing Governor Roosevelt and Senator Hanna in conference at Republican national headquarters, and the strikingly original portraits of Cleveland, Blaine, Quay, Croker, Bryan and others, lend especial interest to this paper on the tactics of party managers in the presidential campaigns of the past twenty-five years. author has been in the thick of the fight and has evidently been brought very close into contact with the great leaders in the battles which he describes. Dr. A. Conan Doyle is a contributor to this issue. His Some Lessons of the War," which is a critique of the bearing of the British troops in the South African campaign, exposes the faults of the various Mr. Wayne MacVeagh, the well-known Philadel-branches of the service, and advances a somewhat phia lawyer and ex-minister to Italy, has a keen

A JUSTICE WITHOUT PREJUDICE.

sense of humor.

The

startling plan for the reorganization of the army. In addition to these articles on campaign tactics and the South African war, there are others on Casting a Great Lens," by R. S. Baker, describing the manufacture of the famous Jena lenses, and on The Ancestry of the Horse," by F. A. Lucas, with diagrams illustrating the family record of the horse during the past two million years. The fiction of the number includes stories by Anita Fitch, Gelett Burgess, E. Hough, Edith Wyatt, Annie Webster, Myra W. Jarrell and Josiah Flynt and

Francis Walton.

A novel that women are reading just now is Miss Grace Marguerite Hurd's "The Bennett Twins," recently published by The Macmillan Company. Its humor and pathos are catching. The Twins start out in life for themselves as students -the one as a singer, the other as a painter. They starve in a tumble-down studio, fall in love and struggle along in spite of the opposition of guardians. It is a story of the wildest high spirits. The studio was run by a painter now well known in the world of art, and many of the characters are said to be partial portraits.

"The History of Colonization from the Earliest Times to the Present Day," by Henry C. Morris, formerly United States consul at Ghent, is on the press for immediate publication by The Macmillan and expeditions of the races of Asia Minor, and Company. It embraces the earliest establishments brings a very comprehensive account down through the middle ages, early European colonizations, to the present absorbing question. Very complete references elucidate disputed points of policy or fact. Citations are made from works in all languages, modern and ancient, which throw light on the subject, and a bibliography containing a classified list

of some 700 works on colonization, colonial history severity. I ask the question in my official capacand policy form an invaluable body of reference ity, and you're bound to answer it under oath.' With a contemptuous snort the witness gave his name and the questioning proceeded.

What is your business or occupation, General prisoner claimed that he did not know that he was Bragg?" asked Mr. Flanders.

What is you name?' asked the justice. Why, squire,' said the astonished witness, you by the late Lord Coleridge as Chief Justice of the know my name as well as I know your'n.'