the sense of justice if it were to sit as a judge in its own case by cutting off the customer from his contract privileges. In such a situation the rights of the parties must be determined by the courts.

The vacating of the injunction pendente lite and the dismissal of the complaint on the merits was

error.

The injunction should be restored to full force and effect until final judgment in this action. The judgments of the trial court and the Appellate Division should be reversed and a new trial ordered, with costs in all the courts to abide the event.

GRAY, VANN, CULLEN and WERNER, JJ., concur; PARKER, Ch. J., and MARTIN, J., not sitting. Judgment reversed, etc.

MEDICO-LEGAL SURGERY.

(By Clark Bell, Esq., LL. D., President International Medico-Legal Congress of New York, 1889; President Medico-Legal Society of New York; Delegate from the Government of the United States to the International Medical Congress of Paris, 1900.)

The most important discovery of the nineteenth century, beyond question, was that of steam as a motor power.

Without detracting from the enormous value of steam in marine navigation, its discovery resulted in the locomotive and the railway, which became, in a new country like America, the most important factor in the development and growth of a great nation.

Beginning near the end of the first third of the century, our first railway was built in 1829, but it was 1832 and 1833 before the stage coach and the packet boat on the canal gave way to the iron horse. To-day in the United States of America there are nearly 200,000 miles of completed railway in operation, which, added to those of the Dominion of Canada and Mexico, would place the railways of the continent of North America far exceeding those of the rest of the habitable globe in length. In the United States of America more than 875,000 men are employed in their management and operation - an army trained to be skilled in this domain of human endeavor.*

It has grown by the experience of the two-thirds of the century since its introduction to its present enormous volume and proportion, and has become the most important factor in the civilization, development and progress of the American continent. It is the universal method of transportation, from

place to place, and there are few persons living in America who do not travel upon the railway.

It has introduced, as one of its consequences, a new field of surgery. In America it is called "Railway Surgery."

As a necessity, it has developed an entirely new class of injuries, unknown to surgery before its advent, which befall two classes of men:

1. Its own employes.

2. The general traveling public.

Accidents upon railways are inevitable, and, while superior skill, precaution and preventive methods may greatly reduce their occurrence and significance, no human precaution can seemingly prevent them.

These accidents result in claims against the railway companies by the injured for compensation, which come before the judicial tribunals, in actions which are classified as "railway damage cases," and the reason why this class of litigation has become so enormous is because of the very large growth of the railways and the almost incredible volume of travel.

Every American railway suffers from "railway accidents." It must meet these claims and it has become a problem in railway management how best to meet these exigencies.

To minimize the railway accidents, and the amount of damage to life and limb is one of the highest economic problems in American railway management.

The great railway systems of the American continent, those who are most successful in answering this problem in its financial aspects, have met it in two ways:

1. By the appointment of a chief surgeon for the whole system, or railway, if it be a single line, with a staff of local surgeons distributed at the most important and accessible points on the railway, subject to instant call by telegraph and telephone from the chief surgeon.

2. By the establishment of a hospital system for the whole line under charge of a competent house surgeon and assistants, with every modern appliance for surgical or medical relief; all under the direction and supervision of the chief surgeon, which, completely equipped, is always ready for instantaneous relief to employe or passenger in case of accident.

Some of the better-equipped railways have also hospital relief cars, furnished with every appliance and necessary, which can reach the scene of an accident on a telegraphic summons in the shortest pos

sible time.

Experience has demonstrated that by comparing Read before the International Medical Congress, Paris 1900. the result of those railway systems which have Read before New York Medico Legal Society and Section of adopted this plan of a chief surgeon and local staff Medico-Legal Surgery, November 21, 1900. and a railway hospital, upon a given line, with those who have not done so, that the saving to the railway in the amounts paid for damage claims is something enormous.

* On June 30, 1898, 874.588 persons were in the employ of the railways of the United States of America, of whom 4.956 were general officers: 3.925 other officers and the remaining 865,677 were agents, clerks and employes.

The reasons for these results may be briefly stated fession from the various States of the American as follows:

apply to the building of a second wall, should the first be destroyed. Such a covenant, therefore, after the completion of the wall, should not run to the vendees of either lot. The agreement in the principal case, however, seeming to contemplate no particular wall, ought properly to be regarded as running with the land, and, as most party wall agreements are similarly framed, the desired result of passing the covenants to subsequent purchasers could thus, in such cases, be reached, with no departure from principle.- Harvard Law Review,

bought adjoining lots from the same person, it
being covenanted in both cases that walls of build-
ings should be on the boundary lines, and that a
party subsequently using such a wall should pay
for half its value. The plaintiff's vendor built, and
when defendants made use of this wall the plaintiff
sued for half its value. The court held, though
"with no great confidence," that as covenants had
been made with the original owner by both parties,
directly or indirectly, there was sufficient privity
between them to establish an implied promise.
This reasoning seems unsound. The defendant, December, 1900.
never contracted with the plaintiff, but merely used
a wall standing on his own land, which was, there-
fore, his own property. Under these circumstances
it seems impossible, on principle, to raise an im-
plied promise.

The American cases in which the point has arisen have generally reached this same result by holding that such an agreement means that the party first building shall have property in the entire wall until payment for half its value. Thus a subsequent user takes the property of another and a promise to pay is implied (Maine v. Cumston, 98 Mass. 317; Burlock v. Peck, 2 Duer, 90). But this doctrine has great faults. Such an agreement does not fairly mean that property in the whole wall shall be in the builder; nor can this property pass to a subsequent user by the mere payment of money, unless regarded as personal property, which the agreement certainly does not intend. If liability is to exist, some better principle for its support must be found.

It is submitted that the covenant may fairly be

held to run with the land where the agreement has regard to any wall that may be built and not to a specific wall which already stands or is about to be built. Such a wall vitally affects the improvement of the land, for it encourages the adjoining owner to build, knowing he may very probably be repaid half the expense of his wall. When a wall is once built, the covenant does not pass into a mere contingent claim for money, as it is a promise, not to pay for half of that particular wall built, but for any wall which is used. It thus tends to encourage the building of a second wall, should the first be destroyed. Nor should it come under the rule that covenants, imposing a burden do not pass to subsequent vendees, a doctrine to protect vendors from disadvantageous incumbrances, for though it imposes an obligation to pay money under certain circumstances, it may yet, on the whole, be considered to a subsequent vendor's advantage, as it tends to the establishment of a permanent party wall of which he may make use on payment of half value. Thus it seems that as the covenant affects the land, and is not properly a burden, it can be held to run. Where, on the other hand, the covenant refers to a specific wall about to be built, on the completion of the wall it no longer affects the land. It becomes a mere collateral "claim to pay money for the use of the wall, since it does not

WOMEN WITHOUT A COUNTRY.

"The Man Without a Country" is the title of a striking story by Edward Everett Hale, which electrified the community during the dark days of the Civil War. Yet at that very time Lucy Stone cried out with all the intensity of her apostolic fervor: "Alas, I have no country, and no hope of a country! In all this wide land there is no mountain so high, and no valley so deep that I can take my little daughter by the hand and feel that under the flag I can be protected in my God-given right to my child!"

For twenty years past, in Massachusetts, a woman of foreign birth who wishes to vote for school committee has been regarded as a citizen, without naturalization, if she be the wife of a citizen, either native born or naturalized. The status of the husband is held to confer citizenship upon the wife. But, unfortunately, this is a rule which works both ways. The ALBANY (N. Y.) LAW JOURNAL, speaking editorially, says:

WOMEN LOSE CITIZENSHIP.

The recent decision by Judge Summerville, chairman of the board of classification of the United States appraisers, to the effect that American women who marry foreigners are no longer American citizens, seems to us good law, and ought to be sustained as such. The decision was made in the case of Mrs. Mattie Dulie, of Helena, Mont., an American artist residing abroad. She went abroad in 1887, intending to return and reside in this country, but she met Thomas Dulie in 1888 and married him. Judge Summerville, in his decision, declares that a wife's political status follows that of her husband, and that her nationality and domicile for business purposes must always be deemed that of her husband. In marrying a foreigner he holds that the artist must be presumed by law to have lost both her citizenship and her domicile in this country. The only exception would be where the wife has acquired a different domicile from that of her husband for the purpose of a suit between herself and her husband. The decision is one of great importance, for, by reason of it, many American women will lose their citizenship in this country who believed that, notwithstanding their marriage, they were still legal residents of the United States.

The Woman's Tribune, commenting on the tection of industrial property, held in Paris in 1883, above, says:

It has been pretty well understood that the law is, as now stated by Judge Summerville, and Mrs. Stanton Blatch has written a good deal about the injustice of it; but there would seem to be a very good reason for not having a divided family allegiance. The law should, however, bear equally on both sexes, the citizenship following the domicile so that whichever country the parties live in, of that they should be deemed citizens for business purposes. The citizenship of either should be instantly regained by the return to the country of birth.

This reasoning does not seem altogether conclusive. The mere fact of residence abroad does not, in itself, cause a loss of citizenship. That is only changed by definite action taken for the purpose by an individual in accordance with law. But in the absence of any such action taken by a wife, why should she lose her status as an American citizen? Her domicile is, of course, as a matter of fact, that of her husband; but according to the principle laid down by Judge Summerville, every woman whose husband resides abroad may be deprived of her status as an American citizen, without her wish or consent, unless she effects a legal separation from him, and she may thus find herself a woman with

out a country.

As the law now stands, a wife who chooses to accompany her husband is supposed to have thereby given her consent to expatriation. In other words, she has had to choose between her husband and her country. If, however, for good causes, she subsequently sees fit to leave her husband permanently and return to this country, she can regain by so doing her American citizenship.

There seems, moreover, to be some exception taken to the legality of Judge Summerville's decision. We know a Massachusetts woman, married to an unnaturalized Canadian, both of them

now resident in Boston, who has been allowed by

the election commissioners to vote for school com-
mittee, notwithstanding her marriage to
a for-
eigner. The Woman's Journal.

SUGGESTED

THE

AMENDMENTS TO PATENT

AND TRADE-MARK LAWS.

shall, if the inventor files an application here within seven months from that date, be given the same force as regards priority that it would have if originally filed here. It also recommended that the law providing for caveats be repealed. A change is also suggested by which it will be made clear inventor, whether appointed abroad or in this country, may apply for a patent for the invention; and also that foreigners taking out patents in this country should have a representative here on whom papers may be served in any suit affecting their interests. The commission also recommends that provision be made that after a patent has once been granted for an invention, a patent granted thereafter to another for the same invention shall be for the unexpired term of the first patent only.

that the executors or administrators of a deceased

The report provides for acquiring the right of a trade-mark used in interstate and foreign commerce by registering it; for giving effect to treaty provisions, and makes willful infringement of a registered trade-mark punishable by a fine of not more than $500. It also provides for the seizure of goods bearing a false mark, and for the regulation of commerce, both interstate and foreign. The fee for registration is reduced to $10, and the necessary procedure very much simplified.— Washington Law Rep.

SUPPRESS THE SWEATBOX.

TH HE Erie County (New York) Criminal Court,
that a prisoner is innocent until proven guilty.
in a recent ruling, emphasizes the assumption
the law to a proper appreciation of their duty.
The holding is one which should recall officers of

The court ordered the acquittal of a prisoner from whom a confession has been extorted, by what are known as sweat-box" methods, so

generally resorted to by the police, private detec

tive agencies and by individuals assuming quasipolice powers as agents for various corporations. It is a primal principle of the Criminal Law that such confessions are void, and yet thus obtaining confessions is a universal practice, regarded not only excusable, but as perfectly proper.

It is the duty of officers of the law, upon arresting a person charged with an offense, to notify HE special commission for the revision of the him that anything he says may be used against him patent and trade-mark laws of the United on his trial, and it is the further duty of the arrestStates, consisting of United States Circuit Judge ing officer, or such other person as may have Peter S. Grosscup, of Chicago; Francis Forbes, of subsequent charge of the prisoner, to refrain himNew York, and Arthur P. Greeley, late assistant, self and prevent other persons from questioning commissioner of patents, have submitted their him concerning his guilt or innocence of the charge report to congress for its action in the premises. preferred. The report embodies a number of important recommendations. One is to the effect that the law should be so changed as that an application for patent filed in any one of the countries which were parties to the international convention for the pro

Arrest, no more than accusation, implies guilt, and the prisoner should be accorded the full benefit of the presumption of innocence from the time of the preferment of the charge to his conviction by a jury of his peers. A desire to convict, not a

sense of justice, too often actuates the officer in his efforts to secure from the accused evidences of his alleged guilt.

trict of Columbia.

Legal Notes.

Mr. Lewis I. O'Neal has been renominated by It would be well for courts in this jurisdiction the president as a justice of the peace for the Disto follow the examples set by the New York court, and put a stop to this pernicious practice. The whole "sweat-box" system, with its accompaniments of mental and physical racking, is a violent perversion of official duty; a rueful resort to mediaeval methods and a reproach to the ministers of the law. Chicago Law Journal.

THE HUMOROUS SIDE OF THE LAW.

A lady canvassing for her husband, a barrister, in an agricultural constituency, called at a particular cottage, and, as often happens, the cottager was from home. The wife civilly asked the lady whether she would leave a message. "Well, I don't like to do that, because I want his personal promise to vote for my husband, Mr. -. But you don't recollect the name, I'm afraid." "Well, ma'am, I'm very sorry, but I'm afraid I don't." "Don't you remember the gentleman who defended your husband for the ahem-alleged stealing of a gun, and got him off?" "Why, bless my soul! Yes, ma'am! Alleged be hanged! We've got that gun in the house now. My husband's vote'll be all right.”— Sunday Sun.

A man who had never seen the inside of a courtroom until he was introduced as a witness in a case pending in one of the Scotch courts, on being sworn, took a position with his back to the jury and began telling his story to the judge.

Henry Zeimer, convicted in New York city of subornation of perjury in obtaining for Mrs. Byrde G. Herrick a divorce upon false evidence, has been sentenced to ten years in state prison by Recorder Goff. Zeimer's plea for a light sentence was unavailing, the recorder stating that he was a lawyer and an officer of the court, and that it was his duty to see that the laws were obeyed and not violated. Ten years is the extreme penalty for Zeimer's crime.

Frank Wilson, who was also implicated in the divorce mill, and who turned State's evidence, was given three years. Hugh O. Pentecost, counsel, said that Wilson's blind mother was solely dependent upon him for support. The recorder imposed the lightest sentence possible. Mrs. Byrde G. Herrick and Mary Thompson, the co-respondent, were discharged with a warning and admonition from the recorder. Recorder Goff stated that in Zeimer's office there had been found the papers in fifty-two other cases.

Lord Selborne's love and veneration for literature is manifested in his letter of thanks to Tennyson for the latter's dedication to him of the drama "Becket." He declared that this courtesy on the part of the poet was "the greatest real honor" that had ever been done him; and that the fact that he had won the laureate's friendship and esteem was "more than he could have hoped for." What a contrast, this, to the relations existing between

The judge, in a bland and courteous manner, Lord Elden and Shelley, perhaps the greatest poet said:

"Address yourself to the jury, sir."

The man made a short pause, but notwithstanding what had been said to him, continued his narrative.

The judge was then more explicit, and said to him: "Speak to the jury, sir; the men sitting behind you on the benches."

The witness at once turned around, and, making an awkward bow, said with perfect gravity: "Good morning, gentlemen."

"Your friends call you 'judge,' do they not?" asked the lawyer, frowning heavily at the witness. "Yes, sir," the witness replied.

of that day! And what a tribute, too, to the graciousness and goodness of the later period.Canada Law Journal.

Mr. Robert D. Benedict, one of our leading admiralty lawyers, has denied the correctness of the information of the New York correspondent

of the London Times to the effect that there is a

fixed rule in the Admiralty Court of England which prohibits a steamship from running at a greater speed than three knots an hour in a fog, says the New York Sun. Judge William W. Goodrich, of Brooklyn, who was also a leader of the admiralty bar until his appointment and election to the bench of the State Supreme Court, calls our attention to the case of the Pennsylvania (86 U. S. R. p. 125)

"No particular reason for calling you that, is as bearing on the question discussed by the London there?"

"Well, sir, you may not believe it, but before I came to this State I held an honorable and responsible position on the bench for eighteen years."

Where?"

Times correspondent and Mr. Benedict. In that case the steamer Pennsylvania, going seven knots an hour in a dense fog, collided with the bark Mary Troop, moving about one knot an hour. Both vessels were held to be in fault, the steamer for running so fast in a fog, only 200 miles from

"In a shoemaker's shop, sir."- Chicago Tribune. Sandy Hook, and the bark for not sounding a fog