of others, it is certain that under the best Presidents some errors will be committed. "The severest critics of a President's policy are apt to be not those who know most about what is to be done and the limitations under which it must be done, but those who know least. In the aggregate quite as much wrong is committed by improper denunciation of public servants who do well as by failure to attack those who do ill. * * * "There is every reason why the President, whoever he may be and to whatever party he may belong, should be held to a sharp accountability alike for what he does and for what he leaves undone. But we injure ourselves and the nation if we fail to treat with proper respect the man, whether he is politically opposed to us or not, who in the highest office in our land is striving to do his duty according to the strength that is in him. "We have had Presidents who have acted weakly or unwisely in particular crises; we have had Presidents. the sum of whose work has not been to the "The army never has been, and, I am sure, it never will be, or can be, a menace to anybody save America's foes, or aught but a source of pride to every good and far-sighted American. "When an emergency like that caused by the Spanish war arises, the Secretary of War becomes the most important officer in the cabinet. * "During the President's actual incumbency of his office the tendency is perhaps to exaggerate not only his virtues, but his faults. When he goes out he is simply one of the ordinary citizens, and perhaps for a time the importance of the role he has played is not recognized. True perspective is rarely gained until years have gone by. "Altogether, there are few harder tasks than that of filling well and ably the office of President of the United States. The labor is immense, the ceaseless worry and harassing anxiety are beyond description." advantage of the republic, but we have never had Books Useful to Law Students one concerning whose personal integrity there was so much as a shadow of a suspicion, or who has not been animated by an earnest desire to do the best possible work that he could for the people at large. "Of course, infirm purpose or wrong headedness may mar this integrity and sincerity of intention, but the integrity and the good intentions have always existed. We have never hitherto had in the Presidential chair any man who did not sincerely desire to benefit the people and whose own personal ambitions were not entirely honorable, although as much cannot be said for certain aspirants for the place, such as Aaron Burr. * * * "Corruption, in the gross sense in which the word is used in ordinary conversation, has been absolutely unknown among our Presidents and has been exceedingly rare in our Presidents' cabinets. Inefficiency, whether due to lack of will power, sheer deficiency in wisdom, or improper yielding either to the pressure which must often be found even in a free democracy has been far less uncommon. Of deliberate moral obliquity there has been little, indeed. "The war department was utterly neglected for over thirty years after the civil war. Peloubet's Legal Maxim, A collection of over 3000 Legal Maxims in Law and Equity with English Translations. 342 pages. Cloth, $1.50. The Student's Law Dictionary Of Words and Phrases in Law Latin, Law French and Anglo-Saxon, with concise English definitions. 250 pages. Cloth, $1.50. Every law student will find these books useful in connection with their studies and law reading. Warren's Law Studies, A Practical Introduction to Law Studies, arranged from recent English editions, with a chapter by Austin Abbott. Cloth, 358 pages, $1.50. Every law student should read this book. Neither the Lawyer and Client, regular officer nor the regular soldier takes any part in politics, as a rule, so that the demagogue and bread and butter politician have no fear of his vote; and to both of them, and also to the cheap, sensational newspaper, the army offers a favorite subject for attack. "So it often happens that some amiable people really get a little afraid of the army, and have some idea that it may be used some time or other against our liberties. OR THE TRIALS AND TRIUMPHS OF THE BAR, These books will be sent prepaid to any address on receipt of price. S. S. PELOUBET, Publisher, 76 Nassau St., N. Y. City. World of Law. In Crary vs. Lehigh Valley R. R. Co., 53 Atl., 363, which was decided by the Supreme Court of Pennsylvania, it appeared that the appellant bought from the railroad company an excursion ticket at a reduced rate on which was an endorsement that the person accepting it assumed all risk of accident and damage. The court held that the acceptance of the ticket by the passenger constituted a waiver of the Common Law rule making the carrier liable as an insurer for the passenger's safety, though it is well settled that public policy will not permit the common carrier, by such an agreement to relieve itself from liability for its negligence. Consequently the passenger must aifirmatively prove negligence on the part of the carrier, and cannot avail himself of the general presumption of negligence arising in favor of the passenger where an injury occurs. Ordinarily the passenger who has been injured on a common carrier has merely to prove the accident, when the law will presume negligence on the part of the carrier and put upon it the burden of proving the existence of such circumstances as are sufficient to excuse it from all liability. The liability of a common carrier, however, is by such an agreement confined to its negligence, and there is no reason why the plaintiff should not be compelled to prove such negligence instead of compelling the carrier to prove that there was no negligence. The appointment of Albert Barnes Anderson, of Crawfordsville, Ind., as Judge of the United States District Court for the District of Indiana, has brought up a little incident that occurred back in his college career. While attending Wabash College he represented it in an interstate oratorical contest in which Robert M. La Follette, representing the University of Wisconsin, was the winner. In the language of the street, both have "made good" in later life. Mr. Anderson now being a federal judge and Mr. La Follette being now governor of Wisconsin. Mr. Anderson succeeded Judge John H. Baker, whose resignation from the Federal District Bench saves him from having his decisions passed upon by his son, who was last year appointed a Judge of the United States Circuit Court of Appeals for the circuit which embraces Indiana. The Supreme Court of Washington has recently decided that a native of Japan is not eligible to American citizenship under our naturalization laws. The question arose over the application of a young Japanese for admission to the bar of that State, he having graduated from the State University Law School, and having passed a very creditable bar examination. As the Washington requirements for admission to the bar provide that the applicant must be a citizen of the United States, the young man had to be naturalized before he could be admitted to the bar, and the court held that it could not naturalize him. The law seems to be a rather hard one for the young Japanese. He cannot become a citizen unless Congress changes the wording of the naturalization act, but his children, if he should have any, might become citizens by the mere accidental good fortune of seeing the light of day for the first time within the jurisdiction of the United States. Even a Chinaman's children born here would be citizens. See the case of United States vs. Wong Kim Ark. 169 U. S., 649: 18 Sup. Ct. Rep., 456, for an exhaustive dis cussion of this phase of the question. The naturalization act does not give the right of naturalization to every alien, but is limited to "aliens being free white persons, and to aliens. of African nativity and to persons of African descent." U. S. Rev. St., Sec. 2169. The courts have decided in a number of cases that the term "white person" means only persons of the Caucasian race, but it is now freely acknowledged that the Caucasian forms only a small proportion of what might be termed the white races, and it is apparent that no distinction of race is made upon strictly ethnological grounds. Naturally a statute so inaccurately constructed has given rise to much confusion and considerable litigation, and it should be amended and properly drawn to meet the new conditions. Judges McLean, Freeman and Greenbaum. in the Appellate Division of the New York Supreme Court, have decided that an express company cannot limit its liability for property lost through its negligence to the amount specified on its receipts, which state that it will not be liable for any sum exceeding $50. The decision was handed down in an appeal from a judgment rendered in favor of Jacob C. Simon against Dunlap's Express Company. Justice McLean, in his decision, says: "Certain bailees of the plaintiff, acting through their messenger, delivered to the defendant, a common carrier, a parcel of laces addressed to the plaintiff and the owner, and at the same time told the person who received the goods for the company that he should be very careful with the package, as they were expensive curtains. The goods were not delivered. nor, upon the trial of this action, brought for the recovery of their value, did the defendant offer anything in defense, excepting receipt taken by the bailees on the defendant's printed form, upon the bottom of which were the words: 'It is agreed that we shall not be held liable or responsible, nor shall any demand be made upon us beyond the sum of $50, at which sum the property is hereby valued, unless the just and truevalue thereof is stated herein, nor upon any property unless properly packed and secured for transportation.' "Upon its failure to deliver the parcel the plaintiff, under the doctrine of Swift vs. Pacific Mail Steamship Company, was entitled to maintain this. action against the defendant for the value of his goods, delivered by those acting for him and received for transportation. His recovery is not limited to the amount fixed in the receipt, which does not protect the carrier against its own negligence, especially in the absence of explanation of non-delivery. The judgment should be affirmed." In the case of Hackett vs. First National Bank of Louisville, recently decided by the Kentucky Court of Appeals, it appeared that a third party applied to the appellant to become his surety for $500. The appellant agreed and signed a note drawn by the third party for $500. There was a space left in the note before the words "five hundred" and another space after them. The third party filled up the first space with the word "twenty" and the other with the words "and fifty." so as to make the note read as one for $2.550. There was nothing on the face of the note to indicate the alteration, and the note was discounted by the appellee bank. The appellant appealed from a judgment on the note rendered against him as surety. The court held that as the appellee had received the note and discounted it in the usual course of business without any notice that it had been changed, it was placed on the footing of a foreign bill of exchange, and that no defense existing between the principal and the surety could affect the right of the appellee to a recovery. The court said that where the drawer of a bill of exchange or the maker of a negotiable note has himself by careless execution of the instrument left room for insertions to be made without exciting the suspicion of a careful man, he will be liable upon it to a bona fide holder without notice, when the opportunity which he afforded has been embraced and the instrument filled up with a larger amount than it bore when he signed it, on the principle that he invited the public to receive it, and should bear the loss rather than an innocent purchaser. The Circuit Court at Sandusky, Ohio, has decided that a husband has the right to eject his mother-in-law from his home, even though the wife owns the house, on the grounds that he is the head of the family. It was ruled that he could only use force in case the mother-in-law was trying to cause trouble in the family. The case was that against Oscar Green, who had been fined for assaulting his mother-in-law .Mrs. Hebblethwaite. So says the Star-Vidette of Valparaiso, Ind. A common carrier of passengers must exercise ards, assert the dignity, independence and integrity of the English bar, without which impartial justice, the most valuable part of the English Constitution, can have no existence. From the moment that any advocate can be permitted to say that he will or will not stand between the crown and the subject arraigned in the court where he daily sits to practice, from that moment the liberties of England are at an end. If the advocate refuses to defend, from what he may think of the charge or the defense, he assumes the character of the judge-nay, he assumes it before the hour of judgment, and in proportion to his rank and reputation, puts the heavy influence of perhaps a mistaken opinion in the scale against the accused, in whose favor the benevolent principle of English law makes all presumptions, and which commands. the very judge to be his counsel." In examining a witness. General Harrison had that rare faculty to know when to quit. He seldom caught a tartar. In one case an elderly and irascible lady witness came to the stand. She was a very "willing" witness, and testified volubly and extravagantly. When passed over to General Harrison for cross-examination, there was a look of triumph in her eyes. She squared herself for a bout, when he said: "You may stand aside, madam." "Oh, I have heard of you; you can cross-question Executions, Attachment, Garnishment, Replevin the utmost vigilance to maintain order and to Executions, guard its passengers from violence which reasonably might be anticipated or naturally might be expected under all the circumstances and in view of the number and character of the passengers. In an action brought against a street railroad company it appeared that, while the plaintiff and a companion were passengers upon one of the defendant's cars, some of their fellow passengers, without any provocation, began to insult and to revile them; to take hold of the plaintiff's hat and to hustle him; that, after the plaintiff and his companion had asked their tormentors to desist, without success, his companion asked the conductor to interfere, and that the conductor answered, "I can't do nothing; if I told them to stop they wouldn't do it:" that the conductor at first did nothing, but afterwards went into the car, told the offenders to "stop that fooling," and then went back; that the offenders who had only laughed at the conductor, then resumed their indignities and finally threw the plaintiff to the floor and walked over him. Held, that it was improper for the court to dismiss the complaint. That it could not be held, as a matter of law. that the defendant had exercised the utmost vigilance to protect the plaintiff from abuse.-75 App. Div., 282, (New York). Erskine was severely criticised throughout England for defending Thomas Paine, and in vindication of his course, made this statement: "In every place where business or pleasure collects the public together, day after day, my name and character have been the topic of injurious reflection. And for what? Only for not having shrunk from the discharge of a duty which no personal advantage recommended, and which a thousand difficulties repeiled. Little, indeed, did they know me, who thought that such calumnies would influence my conduct. I will forever, at all haz * * * THESE ARE THE "COMMON REMEDIAL PROCESSES" JUDGMENTS BY WHICH ARE ENFORCED. The great fundamental principles of the law of this subject, the same from Maine to California irrespective of statute, divested of all local color, are fully and logically treated under the above title and the following general heads in a book of 366 pages, prepared for Student's use by JOHN R. ROOD, of the University of Michigan: 1. Introduction. (Classifying remedies, and remedial processes and defining the principal writs.) II. Legislative control of Remedial Processes. III. On What Judgments and in What Actions the Pro- IV. At What Stage of the Cause the Processes Are V. To Whom the Processes Are Available. VI. VII. VIII. Against Whom the Processes Are Available. IX. The Execution of the Processes-Where, When, by XI. Character of the Creditor's Lien or Right Under the XII. The Rule of Priority, or When the Lien Attaches. X. What May Be Taken Under the Processes. me as much as you please; I am not afraid of you." she said. "I have no questions to ask you, madam," was his bland reply; and she was finished. In an action for malicious prosecution, the Supreme Court of Missouri, speaking through Judge Sherwood, had this to say concerning malice: "Malice, like its congener, fraud, poses in such a multitude of attitudes, assumes such a variety of shapes, manifests itself in such 'Protean transformations,' that, were direct proof of its presence required at a certain time and place, it could always establish the favorite defense of the elder Weller an alibi. For this cause it is that courts permit an infinite variety of circumstances and of circumstantial evidence to be adduced to show the cloven foot of malice. This thought will more fully be developed later on; but before reaching that point, it is well enough to quote, en passant, a description of malice as found in the familiar lines: 'Damn with faint praise, assent with civil leer, And, without sneering, teach the rest to sneer.' "Or, as the Book of Common Prayer hath it: 'Envy, malice and all uncharitableness.' "But malice, in order to meet the requirements of an action like the present, need not be of such a pronounced type as the above quotations would indicate. A lighter variety of the species will answer, as later developments hereafter will disclose. And it has frequently been ruled in this State that a defendant will be held responsible not only for what facts he knew when he instituted the prosecution, but for all other facts pertinent to such prosecution which he could by due diligence have ascertained prior to putting the machinery of the criminal law in motion."-(67 S. W., 650, 659.) How Henry Clay Won a Hopeless Case. In the days when Henry Clay was at his prime as a lawyer a man was once being tried for murder, and his case looked hopeless indeed. He had without any seeming provocation murdered one of his neighbors in cold blood. Not a lawyer in the county would touch the case. It looked bad enough to ruin the reputation of any barrister. The man, as a last extremity, appealed to Mr. Clay to take the case for him. Every one thought that Clay would certainly refuse. But when the celebrated lawyer looked into the matter his fighting blood was roused, and, to the great surprise of all, he accepted. Then came the trial, the like of which was never seen. Clay slowly carried on the case, and it looked more and more hopeless. The only ground of defense the prisoner had was that the murdered man had looked at him with such a fierce, murderous look that out of self-defense he had struck first. A ripple passed through the jury at this evidence. The time came for Clay to make his defense. It was settled in the minds of spectators that the man was guilty of murder in the first degree. Clay calm ly proceeded, laid all the proof before them in his masterly way. Then, just as he was about to conclude, he played his last and master card. "Gentlemen of the jury," he said, assuming the fiercest, blackest look and carrying the most undying hatred in it that was ever seen, “gentlemen, if a man should look at you like this what would you do?" That was all he said, but that was enough. The jury was startled, and some even quailed on their seats. The judge moved uneasily on his bench. After fifteen minutes the jury filed slowly back with a "Not guilty, your honor." The victory was complete. When Clay was congratulated on his easy victory, he said: "It was not so easy as you think. I spent days and days in my room before the mirror practicing that look. It took more real hard work to give that look than to investigate the most obtuse case." Chancellor Kent on "Every Man His Own Lawyer." Judge Francis E. Baker's banquet allusion to the Indiana Constitution, whereby every person was permitted to practice law, reminds one of what Chancellor Kent is reported to have said to one of his proofreaders while preparing one of the editions of the Commentaries. The proofreader questioned the After-dinner Poetry and Sentiment. Have you ever wished for a collection of bright, spicy verses containing sentiments suited to afterdinner speeches? Have you ever arisen from your dinner table and seated yourself before your fire and wished for a volume of light, restful reading that would fill your heart with warmth and good cheer? Have you ever wished for verses that might voice the tender sentiments of your heart in words of glowing passion that have sprung from some of the choicest spirits that have ever roamed the earth? Have you ever joined in a bacchanalian revel and wished for words to express your joy? Have you ever been happy and wanted to be more so? Have you ever been sad and wanted to get rid of your sorrow? In a word, do you want one of the best collections of poems of love and passion, humor and sentimentlove songs, drinking songs, pastoral songs, laughing songs, crying songs-all songs of the heart? If so, we have the book for you. It is just issued. It is compiled by a St. Louis lawyer, who says in his preface that it "represents a part of the random reading of an overworked lawyer." "Many evenings,' says he, "after dinner have these light-hearted, wholesouled bards added a glow of warmth to a disposi tion chilled by the secular work of the day, and their beautiful words, tender sentiments, patriotic impulses, humor, passion, pathos and hilarity, have helped to drive away dull care and smooth furrowed frowns into soft smiles." Fancy cloth, deckle edge, gilt top, about 250 pages, Price, $1.50 delivered. The Sprague Publishing Co., DETROIT, MICH chancellor why it would not be to the advantage of both lawyer and client if all Latin and technical phrases were reduced to plain English, so that every man might read and understand the law. "It's all right," replied the chancellor; "we don't want every man to be his own lawyer, and he could not be, even if all the Latin was in the plainest possible English. What kind of legal protection would you have if every man could be a lawyer? All things are changing, it is true, but when you find law made easy to the meanest comprehension, look out for countless volunteers in our noble profession, to whom good Latin and correct English are alike inaccessible." Ann Arbor, Mich., Dec. 23rd, 1902. Wm. C. Sprague, Detroit, Mich. My Dear Sir: I do not read everything printed in the Law Student's Helper, but much like other men, dip here and there, look over the table of contents, and look through the advertisements for announcements of new law books. But I have read all of your articles on How to Build up a Successful Commercial Law Business, etc., and I have several times been tempted to write to you concerning them, believing that you would not be offended by an acknowledgment of appreciation. I believe these are the most helpful articles I have ever seen for young lawyers, either in your paper or elsewhere. My only criticism is as to the title. It is too narrow. What you say is as much worth reading by any young man starting in business as it is for the young lawyer. Go on as you have begun. You could not do better. I simply wish to commend what you are doing and urge you to continue it. Yours sincerely, JOHN R. ROOD. Book Notices. Gilbert on the Law of Domestic Relations of the State of New York. By Frank Gilbert. Second edition, revised and brought down to date by F. W. Battershall, of the Albany Law School. Albany: Matthew Bender. Sheep. $3.00. This book covers the subjects of marriage, divorce, separation, rights and liabilities of married women, dower, actions for dower, guardian and ward, adoption of children, apprentices and servants, abandonment of wives and children, and support of poor persons by relatives, as contained in the New York statutes and codes of procedure. So far as teaching the principles of the general law is concerned, this book makes no pretentions. It is simply a collection of statutes bearing upon the above subjects, with notes of decisions thereon, the decisions being given in connection with the sections of the statutes to which they relate. As a practical digest of the statutes and decisions on the subjects to which it relates it is a valuable if not indispensable book for the practitioner and for the student preparing for practice in New York State. The Law of Street and Surface Railroads. By Andrew J. Nellis; 682 pages. Price $6 net. Albany, N. Y.; Matthew Bender. As new departments or phases of the practice of law arise, the enterprising American publisher strives to be the first to meet the new demand with a satisfactory text-book. The book before us, however, is hardly to be called a text-book, for it is not a book dealing to any considerable extent with a discussion of principles. It might more properly be called a digest, for the author states frankly that he only endeavored to give "a digest of the decisions, and statements of the reasons therefor, where such statements are given, in words, as nearly as may be, of the court giving them utterance." However, while such a book may not be a joy forever to the scientific jurist who delights in reasoning from principles, it must be admitted that it is a book of practical value to practitioners who depend upon and make large use of precedents. In other words, it is a practical book, instead of a scientific treatise, and the author's work has been well done according to the plan he designed to follow. And we are not prepared to say that this is not the most valuable kind of a book for practitioners as practice is carried on to-day. Speeches and Speechmaking By Judge J. W. DONOVAN, Author of "Tact in Court," "Skill in Trials," Etc. Cicero said, "Poets are born, but orators are made." He might have added that they make themselves. In the making of orators this book has played a great part during the last few years. The fact that four large editions have been necessary in order to supply the demand, evidences its immense popularity. It has been helpful and therefore popular, because it is not a mere hand-book on elocution, but is a text book on oratorythe preparation, arrangement and making of speeches for all kinds of purposes and occasions. Bound in cloth. Price $1.50 delivered. THE SPRAGUE PUBLISHING CO., Detroit, Michigan. |