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horn when under way, as required by the act of Wells, Fargo & Co. for $2,265, from which, howcongress for preventing collisions at sea. “Our ever, was deducted an offset claimed by Wolf which rules of navigation," said Mr. Justice Strong in the reduced the net judgment against him to $600. And Supreme Court of the United States, “as well as for all the trouble, time, skill and energy in unravelthe British rules, require every steamship when in ing such an apparently little matter lawyers must a fog, ‘to go at a moderate speed.' What is such be paid.- N. Y. Evening Post. speed may not be precisely definable. It must depend upon the circumstances of each case. That

John Proctor Clarke, of New York, whose apmay be moderate and reasonable in some circum- pointment in place of Mr. Justice Henry R. Beekstances which would be quite immoderate in others, man, the late Supreme Court justice, has been But the purpose of the requirement being to guard announced, is the son of Col. J. Edward Clarke, against danger of collisions, very plainly the speed of Washington, D. C., and has long been promishould be reduced as the risk of meeting vessels nent at the bar of the metropolis. He was assistant is increased."

corporation counsel during Mayor Strong's ad

ministration. He served as counsel for the FalPerhaps the worthiest tribute that could be paid lows committee, which investigated the affairs of to the memory of Justice Beekman, of the Supreme the surrogate's office. With Frank Moss, of the Court, who died yesterday, would be to say — and Mazet committee, he was associate counsel when it truthfully may be said — that he was a just and inquiry was made into the administration of the upright judge, whose heart and hands were clean, city's departments under Mayor Van Wyck. Gov. whose mind was broad and clear, and whose con- Roosevelt appointed Mr. Clarke a deputy attorneyduct as jurist and citizen adorned our civic insti-general last winter to conduct the investigation of tutions. He stood for truth and justice. He loved the alleged malicious rumors circulated about the his fellow man. He upheld the right for its own Brooklyn Rapid Transit Company. He was presisake, and in his death the city has lost an indi-dent of the West Side Republican Campaign Club viduality whose character disclosed the highest type in the Roosevelt campaign two years ago, and acof American citizenship.— N. Y. Mail and Express. companied Col. Roosevelt on his campaign trips

It has long been the custom of the Supreme Court about the State, making many speeches. He has to admit to practice in Michigan attorneys from been a member of the Republican county commitother States, on presenting certificates of admission tee and belongs to the Union League Club and the from the Supreme Court of the State from which Republican Club of New York. they came, but from this time forward an exception will be made in the case of Indiana. It appears board nuisance was asserted recently by the Court

The power of cities to regulate the offensive billthat in that State it is not necessary for a person of Appeals in deciding, in the case of the city of to graduate at a law school or even pass an exami- Rochester v. West (164 N. Y. 510), that the city nation, except as to moral character, to be admit

could regulate the size and character of bill and ted; and, therefore, the Supreme Court has ordered advertising boards. The city was authorized by its that in future all persons presenting certificates from Indiana will be required to submit to an ex- distributors and sign advertising, and to prescribe

charter to license and regulate bill-posters, billamination, unless holding a diploma from a recog- the terms and conditions upon which licenses nized law school.—Detroit Law Journal.

should be granted. In 1896 the common council People who cannot understand why they have passed an ordinance forbidding the erection of billto pay lawyers good fees for doing what appear to boards more than six feet high without the consent be simple things may note how a puzzling lawsuit of the common cou

ouncil, and providing that every developed out of the careless use of the common applicant for permission to erect billboards should phrase more or less.” This was a suit brought give one week's notice, in writing, of such applicain California before United States Circuit Judge tion to the owners, occupants or agents of all Morrow, by Wells, Fargo & Co. against William houses and lots within two hundred feet of the locaWolf, to recover from Wolf the difference on 2,925 tion of the proposed billboard. In 1897 a Rochesbarrels of cement at $2.56 and at $3.50 per barrel. ter bill-posting company erected a billboard without Wolf contracted to furnish 5.000 barrels of cement taking any of the foregoing steps and for so doing

more or less," at $2.56 per barrel, to be used in was fined five dollars. The case, going ultimately constructing the company's new building. The to the Court of Appeals, that court decided that 5,000 barrels were used up and it was figured that the city could regulate the matter to the extent at 2,925 additional barrels would be required. By that least of caring for the “safety and welfare of the time the market price had gone up to $3.50, and inhabitants of the city, or persons passing along Wolf declined to furnish more than 500 barrels at its streets.” On this point the court said: “If the the contract price, claiming that that number, being defendant's authority to erect billboards was wholly 10 per cent of the number specified in the contract, unlimited as to height and dimensions, they might complied with the phrase "more or less," as used readily become a constant and continuing danger in the contract. Judgment was given in favor of' to the lives and persons of those who should pass

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along the street in proximity to them.” In this except fever. His honor came to the conclusion connection the court recalled the well-known rule that the advertisement was a warranty to cure all that the validity of a statute is not to be deter- the ills that flesh is heir to.” Defendant was not mined by what has been done in any particular in- benefited by the belt, and he found in his favor, but stance, but what may be done under it.” The did not think it was a case for costs.- Law Journal. power of a city to regulate the height of billboards

Lawyers are plentiful on the stage at present, on the ground that they menace the safety or says the Law Journal. A judge is the leading char“ welfare” of citizens seems fairly to support an acter in “Mrs. Dane's Defense,” at Wyndham's argument that a city can regulate other features of Theatre, a retired judge and a barrister figure in “In the billboard nuisance. Certainly the height of the Soup” at the Strand Theatre; a member of many billboards is their least offensive feature.— the bar is the chief character in “ The Likeness of New York Evening Post.

the Night," in which Mr. and Mrs. Kendall are

now appearing, and a solicitor figures in “ PaEnglish Notes.

tience," at the Savoy Theatre, whose "make-up”

gives him some resemblance to Sir George Lewis. Subscriptions to the amount of more than £1,000

At Kelso, Scotland, Lord Stormonth-Darling have already been received or promised toward the recently gave a lecture to the local literary society memorial of the late Lord Russell, of Killowen, on “The Art of Public Speaking,” from which a which is to take the form of a statue in the Royal

passage may be fitly quoted: “My daily duty," Courts of Justice and a replica of Mr. Sargent's said his lordship, “is to listen to speeches from the portrait for the National Portrait Gallery.

bar, some of them most able and convincing, others The Palace of Justice in Pretoria was, on the of them less so, and I declare to you it is often a occupation of that city by Lord Roberts, con positive pain to me to hear speeches of great ability verted into the chief British hospital, and was which are intended to influence my mind or the handed over to the staff of Lord Iveagh's hospital. minds of juries who are sitting with me, absolutely It has become since the first of November the spoiled by ineffective delivery. We judges are supheadquarters of the Transvaal police - a force posed to be less liable than a jury or a popular organized by General Baden-Powell.

audience to be affected by the arts of the orator, The French law giving faculties to lady barristers

and, no doubt, our professional training renders it is (says the Paris correspondent of the Daily Chron- easier for us to pierce through the externals of a icle) likely to lead to certain changes in feminine speech and to reach the real question for decision.

But it is none the less an effort to keep alive one's garb. The “Mantalinis " and "modistes” are de

attention to the mumbling and monotonous efforts signing Portia-like blouses, while the “toque

of a bad speaker.” We are not often favored with in various hues is already seen on the bonnet stands

a revelation of the judicial mind such as this, and in the inner sanctuaries of the Rue de la Paix.

Lord Stormonth-Darling's observations will be The first woman barrister in France, Malle. appreciated for their practical value.- Law Times. Chauvin, will, says the St. James' Gazette, make

During a trial for murder at the Gloucester her debut very soon in a lady friend's divorce suit.

autumn assizes, Mr. Justice Lawrence seems Mademoiselle Chauvin is a woman of great cour- have adopted in its entirety the rule of Lord Hale age and undoubted ability, who has fought her

as to corpus delicti that a man ought never to be way to a high place in her profession. She is a convicted of murder or manslaughter on circumfully qualified doctor of law, having received the stantial evidence alone unless the body has been degree six or seven years ago, chiefly in recognition found (2 Hale, P. C. 290). This rule can, however, of a work she has written on “ The Professions Ac- be treated only as a caution, like that against accessible to Women."

cepting the uncorroborated evidence of an accomIn the Westminster County Court recently, before plice, and does not amount to a rule of law. This Judge Lumley Smith, Messrs. Pulvermacher (Lim.), appears to be established by the cases cited in electric belt makers, of Regent street, brought an “Archbold” (22d edit.), p. 748, and Regina v. Dudaction for four guineas, the balance of the purchase- ley (L. R., 14 Q. B. Div. 276), the case of cannimoney of an electric belt supplied to Mr. H. Mott, balisin by the survivors of the Mignonette. Perof Oxford. The defendant got into communication haps the true account of the doctrine or caution with the plaintiff's through an advertisement, and is that given by Sir Henry De Villiers in Upington paid one guinea on account of a double concen- v. Solomon ([1897]. 9 Buchanan, Cape Supr. Ct. trated belt. At the time he ordered it he was low. Reports, 240, 276): “I have never understood the spirited, irritable, and suffered from headache. The law as to the corpus delicti to go so far as to hold helt, in his opinion, made him worse, and he re- that where witnesses swear that they saw the person turned it. He maintained that the belt was of no shot by means of a gun, and where they saw the use for the purpose for which it was sent to him. deceased actually dying, a jury may be called upon Mr. Mitchell, the managing director of the plaintiff to say there is no prooi of death whatever. I have company, said these belts were useful for everything always understood this law as to corpus delicti to

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apply to those cases in which death is relied upon distinct advance in our constitutional development from the fact of the disappearance of the deceased.” when we remember that in 1741 a number of peers - Law Journal.

drew up a protest against the government of Wal

pole, on the ground that “a sole or even a first The time-honored formalities which attend the minister is an officer unknown to the law of Great constitution of a new parliament draw attention' Britain and inconsistent with the Constitution" to certain differences between the position of the (Rogers' Protests of Lords, vol. 2, p. 10), and that speaker of the house of commons and the presi- the daughter of Lord North, in a singularly interdents or speakers of the commons house in colonial esting letter written by her to Lord Brougham, and foreign legislatures. Our speaker's title ap- says: In 1769 Lord North became chancellor of pears to have been acquired by him as spokesman the exchequer, and some years after first lord of of the faithful commons when they were in the po- the treasury. He never would allow us to call him sition rather of a representative deputation of the prime minister, saying there was no such thing in freeholders and burgesses of the nation than an the British Constitution” (Brougham's Statesmen integral element in a national legislature. The of the Time of George the Third, vol. 1, p. 392).process of his election and approval point in the Law Times. same direction, and indicate a time when the crown could pick and choose as to whom it would hear In connection with General Buller's recent in support of the petitions of the commons. The count of the use of barbed wire by the Boers at the formal claims, too, which he makes to the privileges battle of Colenso, it is worth while noting the sonieof freedom of debate and the like clearly mark the what flowery description in an Irish text-book on effect on our constitutional history of the abortive the Land Laws of the dangers of this material: “It interference of Charles I with the constitutional would appear,” says the learned author, “ that any rights and freedom of the lower house. The possible advantages this device may possess are speakers of the two houses of the United States more than counterbalanced by its formidable and congress, although their office is historically deriv- almost inevitable mischief. Woe betide the lonely able from that of our own speaker, have larger wayfarer who comes across it on a dark night! functions as leaders of their respective houses, Woe worth the chase when hunters, horses and probably because the federal Constitution of the hounds are confronted by the barbed wire fence! United States does not admit the president's minis- Such a 'misfortune may cause the life of many a ters as members or leaders of either house. In the gallant grey." It was thought by the court, in colonies the privileges of the legislature are secured Collen v. Ellis (32 L. Rep. Ir. 491) that a barbed by statute and not by unwritten constitutional wire fence bordering a highway was an obstruction usage, and on the continent the different assem- to the free passage of persons on the highway, and blies have their presidents, who are in the main, consequently an offense within the meaning of secif not solely, chairmen of the meetings, and not tion 13 (3) of 14 & 15 Vict. 92; and in Stewart v. spokesmen of the assembly in dealing with the Wright (9 Times L. Rep. 480) a barbed wire fence monarch or the executive.- Law Journal (London). adjoining a public footpath was stated to be a nuis

ance, and the occupier of the lands who had put it Students of the development of our Constitution up was held to be liable in damages to a person will note, with interest, two signs of the times. whose mackintosh had been torn while he was walkSir Henry Campbell-Bannerman, in his speech at ing along the footpath. The Barbed Wire Fence Dundee on Thursday in last week, said: “The gov- Act of 1893, of course, now enables any local authorernment have thought fit to revive an ancient and ity to compel the owner of a barbed wire fence which time-honored office which we have all found useful adjoins and “is a nuisance" to any public highway in this country in past years — I mean the office of to remove it (“ nuisance to a highway," as applied to prime minister.” Again, for the first time, prob- barbed wire, mea

neaning “ barbed wire which may ably, in our history, the prime minister, as such, probably be injurious to persons or animals lawwas last week named in the official Court Circular, fully using such highway "). With reference to which is understood to be submitted to the queen barbed wire used as fences between adjoining lands, before its issue to the press. These are clear indi- it may be added that in McQuillan v. Cromwellan cations of the tendency to acknowledge officially Iron Ore Company (26 Ir. L. T. Rep. 15) the dethe status of the premier, whose rights and duties fendant company, which had fenced off a railway in as “head of the administration are nowhere re- its control with a fence of this description, was held corded,” and whose position, Mr. Gladstone tells by the recorder of Belfast to be liable in damages us, "is curiously characteristic of the political to the occupiers of the adjoining lands whose sheep genius of the people" (Gladstone's Gleanings, had come into contact with the fence and had been p. 240). The designation of a statesman in the killed; and it has been suggested that barbed wire Court Circular by the title of prime minister, whose might come within the description in 24 & 25 Vict. status is almost, if not, altogether unknown to the c. 100, s. 31, of “spring gun, man-trap, or other statute law, and the reference to the premiership engine calculated to destroy human life or inflict by an eminent statesman as an office," mark a grievous bodily harm."- Law Times.

GENERAL INDEX.

PAGE.

PAGE.

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256

210

Hopne Di pees of Wa a firs Grea ution ad thi inter giaa ALBANY COUNTY BAR ASSOCIATION, 331 CONCERNING A RULE IN APPELLATE lor de ALIENS ENTITLED TO EQUAL PRO

PROCEDURE-U. J. Hammond..... 73 ord of

TECTION OF THE LAWS...... 315 CRIMINAL PROCEDURE IN COLONIAL El him AMERICAN BAR ASSOCIATION.

39
TIMES – Alfred L. Becker....

180 ag

Proceedings of the Twenty-third Annual CORRESPONDENCE Constitutional Law
Meeting, Held at Saratoga Springs,

- Gratuities Salary of Deceased OiAugust 29, 30 and 31..

147
ficer ..

142 ANCIENT RENTS IN ENGLAND.

51 CORRESPONDENCE.

16, 128, 335, 382
AN EXAMPLE OF SHERIDAN'S WIT.... 63 COURT OF APPEALS NOTICE.....
AN INTERESTING QUESTION OF COURT OF APPEALS, THE A Poem, by
PROXIMATE CAUSE ..

329
A. S. B.......

346 ANTE-NUPTIAL CONTRACT - VALID- COULDN'T NAME THE APOSTLES. 159 ITY ..

52 COVENANTS FOR PARTY WALLS. 410 ARE SHORTHAND WRITERS AU

CURRENT TOPICS:
THORS?..

170 A Blind Woman Lawyer Passes Away... 130 ASSOCIATION OF AMERICAN LAW

A Case of Unprofessional Conduct....
SCHOOLS.

313

Action to Recover Damages for Death AUTOMOBILE LAW

265 Wrongfully Caused Survives Death of AUSTRALIAN CIVIL CODE - By John

Plaintiff, Administrator, Who was also Plummer.

291

Sole Next of Kin of Deceased...... 273 BANKRUPTCY ...

81 A Judge Who Deserves Re-election..

64 BECKER, ALFRED L.-- Criminal Procedure

An Extrarodinary Claim of Privilege..... 17 in Colonial Times ,

180

Annual Meeting of the State Bar Association of Ohio.

51 BELL, CLARK - Medico-Legal Surgery. 409

Association of the Law Schools of the BETES NOIRES OF THE LAW – The Man

United States.

3 Who is Mad.....

Associated Press Not a Monopoly... 402 BOOKS AND PAMPHLETS RECEIVED.. 160

66 BRENNEN, ROBERT J.- Law and Logic

Bicycles Not Carriages .
Breaches of Trust .

242 Again ..

Civil and Political Status of Porto Rico.. Of the Rule that a Demurrer Searches the

Coatless Judge .

129 Record .

Constitutionality of the So-called AgriculCARDS IN COURT........ ... 381 tural Law ....

337 CHANGE OF SOVEREIGNTY OF A PEO

Crime of Homicide in the United States... 353 PLE AND THE UNITED STATES

Death of Justice Frederick Smyth.... I 30 CONSTITUTION..

284 Death of Judge James C. Smith, of CananCHICAGO BAR ASSOCIATION. 316 daigua ..

209 CHINESE CRIMINAL LAW......

Death of Baron Russell, of Killowen..... 97 CLINTON, J. M.-- The Status of Our New

Death of Chief Justice Henry Green, of the Possessions ,

Pennsylvania Supreme Court..

I 29 CARICATURISTS AND THE LAW IN

Death of Hon. Hamilton Harris.

385 THE EIGHTEENTH CENTURY..... 94 Disbarment of Attorney Who Had Been CO-EFFICIENTS OF IMPUNITY, THE

Convicted of Treason.

194 Being an Inquiry into the Social Defense

Divorced Woman as Beneficiary of Life Against Crime — Gino C. Speranza..... 394

Insurance Policy.

113 COERCING JURIES IN ENGLAND....... 61 | Does the Constitution Follow the Flag?.. 386 COLLISIONS BETWEEN WARSHIPS

Eddyism before the Law....

354 AND MERCHANT VESSELS........ 282 Election of Hon. Francis B. Delehanty as COMMENTS OF ENGLISH JOURNALS

Judge of the City Court of New York.. 306 Walter V. Lane.. 187 Extirpation of Lynching ...

17 CONTRACTS BY TELEGRAM.

347 Facing a Charge of Murder a Third Time.. 353

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236

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201

84

PAGE.

178

338

403

338

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CURRENT TOPICS -- (Continued): PAGE. CURRENT TOPICS — (Continued):
Fish Possessed During Close Season

Reading Your Own Obituary...

209 Taken From Waters Outside this State.. 241 Reappointment of Hon. M. T. Hun as Foreign Divorce and Second Marriage.... 288 Appellate Division Reporter....

306 Fox, the Hon. Jabez, nominee for the

Removal of District Attorney Gardiner. 401 Massachusetts Superior Court Bench.... 145 Renomination of Judge Edward PatterFraudulent Conveyance – Priority of

son.

257 Creditor.

146

Report of the Committee on Statutory ReGentle Art of Cross-Examination..

257
vision ..

161 Hawaii and the Constitution.

273 Rights of Passengers in Wagner Cars. 33 How far One May Go in Attacking the

Rights of the Boers in Neutral Territory.. 211 Character of a Candidate for Public

Right of Privacy.....

81 Office .. 162 Rights of Unborn Children..

34 How Men Are Made Famous.. 145 Rights of Labor Unions...

67 Inadmissible Evidence on Charge of Rape, 65 Rights of Holders of Reserved Seats in International Law Association.

Theatres ...

337 Is the Expression “ Too Thin Classifiable

Sentiment in Favor of Indeterminate Senas Slang? .

tences for Criminals.. Is the Purchase of Flowers a Necessary

Situation in China

33 Expense of a Funeral?.

3 Status of American Women Who Marry John B. Stanchfield....... 178 Foreigners ..

50 Last Wills and Testaments.

322 Status of Porto Ricans Resident in United Lawyers in the House of Commons. 242

States.

I 29 Lawyers as Administrative Officers..

177 Undue Retention of Clients' Money.... Lawyers of The Past and Present.... 113 Use of Intoxicating Liquors as Prescribed Laubie, Hon. Peter A., on the Bench and

by Physician in Avoiding Certificate of the Bar.

49
Insurance.

193 Limburger Cheese Not a Public Nuisance, 386 Weeping Lawyer Again..

193 Mr. Farr and His “ Diploma Mill"....... 193

What Constitutes a House".

290 Mileage-Books and Rights of Railroad

What Constitutes In the Presence of the Passengers

273
Testator.

225 New Lord Chief Justice of England... 257, 289

What Constitutes a Proper Dress for Men New York's “ Divorce Mill”.

in Public?..

145 Newspaper Interference with the Due Administration of Justice.....

DAVIS, W. 2.- Relation of the Bench and 354 Bar.

... 292 Number of Lawyers in the United States.. 97

DEFENDING A GUILTY CLIENT Louis O'Brien and Clark, Aqueduct Claims De

Sondheim ..

227 cision

225 Oldest Solicitor in England. DENOUNCING COURTS .

346 179 DEATH OF LORD RUSSELL...

108 Payee of Note, in Possession of Same,

DEFENSE OF ACCUSED PERSONS...... 266 Presumes to Own It...

226

DIVORCE SCANDAL, THE ..
Peace Coníerence at The Hague and its
Results ....

DISCHARGE OF JURORS BECAUSE OF
REFUSAL TO CONVICT.....

365 Peculiar Judicial Ceremonies in the Isle of DIVORCE LAWS - Charles Pratt..

88 Man ..

370

DOES THE CONSTITUTION FOLLOW Peccability of Handwriting Experts.... 17

THE FLAG? .. Perpetuation of the Memory of Baron

DOES DEMURRER SEARCH RECORD? Russell - a - a suggestion .

163

OHIO PRACTICE – J. M. Kerr...... 167 Physician's Calls -- Is he the sole judge of

DOCTOR, DRUGGIST OR PATIENT; their necessary frequency?......

194

WHO OWNS THE PRESCRIPTION? 298 Power of General Committee of County to

DOES THE RELATION OF LANDLORD Remove Member ....

241

AND TENANT BECOME SEVERED Power-House Nuisances and the Responsi

BY OPERATION OF THE BANKbility Therefor ..

322
RUPT LAW? ...

350 Political Assassinations

98 DOUBLE LIABILITY FOR PERSONAL Proposed State Constabulary Law..

321
INJURY WHERE DEATH

REProposed Divorce Reform....

403
SULTS ..

23 Proposed Supreme Court for the Philip- DUTY OF PUBLIC PROSECUTORS...... 13 pine Islands ...

370 President of the Supreme Court of Mexico, 65 EDDYISM BEFORE THE LAW William Prize Thesis, Albany Law Schocl......

A. Purrington

358

305

362

369

398

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