and the negro threatened to knock him in the head if he climbed on the car, which threat was carried out to the fatal injury of the employee, it was held that the injury did not have its origin in the employment, and that compensation was not recoverable. Chicago V. Industrial Com'n, Ill.. 127 N. E. 49. Where a miner was killed by a car driver, both employes of the same employer, in a quarrel about the non-delivery to him the night before of an empty truck, he being the aggressor, it was held that his death was not the result of an accident "arising in the course of the employment," and that there was no causal connection between the employment and the killing. Marion County Coal Co. v. Industrial Com'n, Ill., 127 N. E. 84. An employee while engaged at his work was struck in the eye by an apple thrown by a fellow servant in horseplay. Held, that the injury was one arising out of and in the course of his employment. Leonbruno v. Champlain Silk Mills, N. Y., 128 N. E. 71. Where an employee was killed by a fellow workman in a fight provoked by deceased and another, his injury did not arise out of the employment. Romerez v. Swift & Co., Kan., 189 Pac. 923. An abattoir worker was struck by a piece of flesh, resented the assault, and struck another employee with the flesh, believing him to be the assailant, and the latter in turn kicked the claimant. Held, that claimant's injury arose out of and in the course of his employment. Verschleiser v. Joseph Stern Son, N. Y., 128 N. E. 126. ITEMS OF PROFESSIONAL INTEREST. PROGRAM OF THE MEETING OF THE AMERICAN BAR ASSOCIATION. The annual meeting of the American Bar Association will be held in Cincinnati, Ohio, Aug 30, 1921, to Sept. 2, 1921. All meetings of the Association except on Wednesday evening will be held in the ball room at the Hotel Sinton. The Wednesday evening meeting will be held in Convention Hall, Hotel Gibson. The Executive Committee will meet on Tuesday, August 30, at 8:30 p. m., in Parlor F (Mezzanine Floor), Hotel Sinton. The General Council will meet in the Parlor F (Mezzanine Floor), Hotel Sinton. The first meeting of the General Council will be held on Wednesday, August 31, at 9:00 a. m. The offices of the Secretary and Treasurer will be located in the Hotel Sinton Tea Room (Main Floor), and will open for registration of members and delegates and for the sale of dinner tickets on Monday morning, August 29, at 10:00 o'clock. BUSINESS PROGRAM OF THE ASSOCIATION. Wednesday Morning, August 31, at 10 O'clock. Ball Room (Main Floor) Hotel Sinton. Addresses of welcome on behalf of Ohio State Bar Association: Harry J. Davis, Governor of Ohio, and John Galvin, Mayor of Cincinnati. Announcements. Report of the Secretary. Report of the Treasurer. Report of the Executive Committee. The President's Address. Address by Sir John Simon, of London, England, former Attorney General and Secretary of State for Home Affairs. State delegations will meet in the Ball Room (Main Floor) Hotel Sinton at the CLOSE of this session to nominate members of the General Council, and to select nominees for Vice-President and Local Council for each State. Wednesday Afternoon, August 31, 2:00 O'clock. Ball Room (Main Floor) Hotel Sinton. 2:00 p. m. Annual Business Meeting of Ohio State Bar Association. 4:00 p. m. Joint Session of American Bar Association and Ohio State Bar Association. Address by Harry M. Daugherty, Attorney-General of the United States. Wednesday Evening, August 31, at 8:00 O'clock Convention Hall, Hotel Gibson. Address: "Our Brethren Overseas," John W. Davis, of New York, former Ambassador to Great Britain. Presentation of Memorial Minute upon the late Chief Justice of the United States. Election of the General Council. 9:30 p. m. Reception in the Ball Room (Main Floor) Hotel Sinton. Thursday Morning, September 1, at 10 O'clock. Ball Room (Main Floor) Hotel Sinton. Reports of Séctions and Committees. The names of Chairmen are given below. The consideration of the Reports will begin promptly at 10:05 o'clock. 2:30 p. m. Excursion (to be announced later). Thursday Evening, September 1, at 8 O'clock. Ball Room (Main Floor) Hotel Sinton. Address: "Without a Friend," Charles S. Thomas, of Colorado, former United States Senator. Reports of Committees. The names of Chairmen are given below. 9:15 p. m. Admiralty and Maritime Law. Robert M. Hughes. 9:25 p. m. Noteworthy Changes in Statute Law. Thomas I. Parkinson. 9:35 p. m. Drafting of Legislation. William Draper Lewis. 9:40 p. m. Uniform Judicial Procedure. Thomas Wall Shelton. 9:50 p. m. Adjournment. Friday Morning, September 2, at 10 O'clock. Ball Room (Main Floor) Hotel Sinton. A Symposium on the general subject, "The Administration of Criminal Justice," under three sub-topics, as follows: 10:05 a. m. "Unenforceable Law," by Raymond B. Fosdick, of New York. 10:30 a. m. "The Illegal Enforcement of Criminal Law," by Luther Z. Rosser, of Georgia. 10:55 a. m. "The Adjustment of Penalties," by Marcus A. Kavanaugh, of Illinois. General Discussion by Associa 11:25 a. m. Friday Evening, September 2. Annual Dinner at 7:00 p. m. Dinner to Ladies at 7:00 p. m. Saturday, September 3. All day Excursion to Dayton, Ohio. Hotel Accommodations. (All hotels European plan, except as stated. Prices named are per day.) Hotel Gibson, 4th and Walnut, single room and bath, $2.50 up; double room and bath, $4.25 up. Hotel Sinton, 4th and Vine, single room and bath, $3.50 up; double room and bath, $5.50 up. Havlin Hotel, Vine & Opera Pl., single room and bath, $3.00 up; double room and bath, $5.00 up. Hotel Metropole, 6th and Walnut, single room and bath, $2.50 up; double room and bath, $4.50 up. Grand Hotel, 4th and Central, single room and bath, $2.50 up; double room and bath, $4.00 up. Palace Hotel, 6th and Vine, single room and bath, $2.00 up; double room and bath, $3.00 up. Emery Hotel, 421 Vine, single room and bath, $2.50; double room and bath, $4.50. Hotel Alms, McMillan and Alms Pl., (American plan), single room and bath, $4.00; double room and bath, $7.00. Mr. Ben B. Nelson, Fourth National Bank Building, Cincinnati, Ohio, has charge of reservations for members and guests. In writing to Mr. Nelson please state: a. Preference of hotels; b. time of arrival; c. period for which rooms are desired; d. whether single or double room desired; e. how many persons will occupy each room. Members who wish to do so are at liberty to make direct arrangements with hotel preferred. Make your reservations early. Notify Mr. Nelson promptly of any cancellations. Railroad Fare. Arrangements have been made with the railroads whereby members of the American Bar Association and dependent members of their families who attend the annual meeting will have the benefit of a fare and one-half. They will pay full fare going to Cincinnati, and, up on purchasing railroad ticket, will ask for a certificate, which will be vised by the Secretary at Cincinnati, thus entitling the holder to half fare on the return trip. Further details of the plan are given in the following statement furnished by an official of the Central Passenger Association. The dates for ticket sales will, of course, vary in the different Passenger Association territories: The following directions are submitted for your guidance: 1. Tickets at the regular one-way tariff fare for the going journey may be obtained on any of the following dates (but not on any other date): Aug. 23-24 and Aug. 27-Sept. 2, 1921. Be sure that, when purchasing your going ticket, you request a CERTIFICATE. Do not make the mistake of asking for a "receipt." 2. Present yourself at the railroad station for ticket and certificate at least thirty minutes before departure of train on which you will begin your journey. 3. Certificates are not kept at all stations. If you inquire at your home station, you can ascertain whether certificates and through tickets can be obtained to place of meeting. If not obtainable at your home station, the agent will inform you at what station they can be obtained. You can in such case purchase a local ticket to the station which has certificates in stock, where you can purchase a through ticket and at the same time ask for and obtain a certificate to the place of meeting. 4. Immediately upon your arrival at the meeting present your certificate to the endorsing officer, Mr. W. Thomas Kemp, as the reduced fare for the return journey will not apply unless you are properly identified as provided for by the certificate. COMMISSIONERS ON UNIFORM STATE Program of Thirty-First Annual Conference, at Legislative Committee. Committee on Appointment of and Attendance by Commissioners. Presentation and consideration of the reports of the following special committees: not presenting drafts of Acts: Insurance. Prohibition. Drug Law. Securing Compulsory Attendance of NonResident Witnesses in Civil and Criminal Cases. Automobile Legislation. One Day's Rest in Seven. Depositions and Proof of Statutes. Tribunal to Settle Industrial Disputes. Co-operation with the American Judicature Society. Co-operation with the American Institute of Criminal Law and Criminology. Uniformity of Judicial Decisions. Occupational Diseases. Registration of Title to Land. Report of Nominating Committee. Thursday, August 25. 9:30 a. m. THIRD SESSION. Consideration of Eighth Tentative Draft of a Uniform Incorporation Act. 2:00 p. m. FOURTH SESSION. Consideration of Eighth Tentative Draft of a Uniform Incorporation Act. 8:00 p. m. FIFTH SESSION. Consideration of Eighth Draft of a Uniform Incorporation Act. Report of Commercial Law Committee on amendments to the Warehouse Receipts and Bills of Lading Acts. Report of Commercial Law Committee on a Blue Sky Law. Friday, August 26. 9:30 a. m. SIXTH SESSION. Consideration of First Tentative Draft of a Uniform Fiduciaries Act. 2:00 p. m. SEVENTH SESSION. Consideration of First Tentative Draft of a Uniform Fiduciaries Act. 8:00 p. m. EIGHTH SESSION. Consideration of First Tentative Draft of an Act relating to the Status and Protection of Illegitimate Children. Saturday, August 27. 9:30 a. m. NINTH SESSION. Consideration of Second Tentative Draft of a Uniform Declaratory Judgments Act. 2:00 p. m. TENTH SESSION. Consideration of Second Tentative Draft of a Uniform Declaratory Judgments Act. (At 4:30 p. m., the Conference adjourns for local entertainment.) Monday, August 29. 9:30.a. m. ELEVENTH SESSION. Consideration of First Tentative Draft of a Uniform Mortgage Act. 2:00 p. m. TWELFTH SESSION. Consideration of First Tentative Draft of a Uniform Aviation Act. Consideration of Report of the Committee on Compacts Between States. Tuesday, August 30. Unfinished business. CORRESPONDENCE. A LETTER FROM OUR ASSOCIATE EDITOR. London, June 26, 1921. Editor, CENTRAL LAW JOURNAL: There is little else these Englishmen could have done for me. My visit ends, officially, Tuesday at 1:30, with the House of Lords. Monday I sat with the Court of Appeals in the morning, and with the Commercial Court in the afternoon. It has been one steady movement on a fixed schedule all day long, and a steady making of notes at night when not dining. I have been the guest of Lords Bryce, Haldane and Cave, and Sir John Simon. I was also the guest of Sir Thomas Miller Chitty, the grandson of the great law writer of that name. He is the head of English procedural reform. I have dined twice with him and sat with him all day in court. Yesterday afternoon, I called on the Law Editors and found them most attractive. these more will be said later. Of It is very cold here and there is no coal. I am glad to be returning at noon on Wednesday, after working day and night for sixteen days. Eight more days will be used in summarizing my observations. I hope to have a few articles ready shortly after my return. Yours sincerely, THOMAS W. SHELTON. [We thought our readers would be interested in this letter, written hurriedly from London by our Associate Editor, Mr. Thomas W. Shelton, of Norfolk, Va. Mr. Shelton has many friends among the members of the Bar who will be delighted to learn that his trip has been so successful with respect to the purpose Mr. Shelton had in mind, namely, the oppor tunity to view at close range the working of the English Rules of Procedure, of which so much has been written the last few years. The result of these investigations will be printed in the Journal as soon as Mr. Shelton is able to put them into shape for publication. —EDITOR.] HUMOR OF THE LAW. Personal. I am looking for my wife, Mrs. George Schomberger, nee Agnes Schomberger, who left my bed and board on October 26th, taking with her my 2300 dollars. I should like to get in touch either with her or those who know her whereabouts so that I can send her a special sum of 100 dollars so that she can get even further away. -The Docket. When a lady who was "burning up the road" on the boulevard was overtaken by a traffic of ficer and motioned to stop, she indignantly asked: "What do you want with me?" "You were running 40 miles an hour," an swered the officer. "Forty miles an hour? Why, officer, I haven't been out an hour," said the lady. "Go ahead," said the officer. "That is a new one on me."-Pittsburg Dispatch. A BUSH VISITOR. For the host no matterFor the guest the best, One knife, one fork, One cup, one platter, Damper and muttonAll that you need. "Cut in and cut on, Have a good feed!" No time to wipe Platter and cup"Fill up your pipe; The dog washes up." Pipes drawing well, Yarns turn-aboutBush-fires and floods Sheep dogs and drought. The fire burns low. Snakes, how they snore- -Sydney Bulletin. VOL. 93 35 WEEKLY DIGEST. Opinions of the Copy of Opinion in any case referred to in this digest may be procured by sending 25 cents to us or to the West Pub. Co., St. Paul, Minn. 33 over his protest duly made, but was entitled 7. Banks and Banking-President's Draft.- 22 8. 31 Nebraska. New Jersey. 43, 45 -3, 28, 40 10, 56, 57 .16, 65 46 14, 15, 24 48 29, 39 11, 58 New York 21, 23, 30, 38, 41, 53, 54, 59 North Carolina Oklahoma 63 2, 4, 7, 9, 26, 34 Texas.. Wisconsin 1. Cemeteries. 25 While Adverse Possession — the right which one acquires in a cemetery lot is rather in the nature of a perpetual easement subject to be controlled by the state in the exercise of its police power, it is such a valuable right as a court of equity will protect, and the same character of adverse possession that will confer title to real estate will suffice to confer such right.-Sherrard v. Henry, W. Va., 106 S. E. 705. Eradication Statute.-The 2. Animals-Tick Tick Eradication Statute, in its application to Coryell county, embraced within the quarantine not obnoxious to the Constitution. zone, held and not violative of the rights of cattle owners in the county, personal or property, because their cattle were free from statutory diseases or fever-carrying tick.-Lewis v. Harrison, Tex., 229 S. W. 691. Compensation. 3. Attorney and Client Where an attorney was employed to collect a note of a non-resident, and attorney placed the notes with corresponding attorneys who secured an agreement with debtor and beneficiaries of insurance policy of debtor that, if no collection was attempted during lifetime of debtor, insurance policy would stand as security, attorney was not estopped to sue for his services against because he had sued out defendant executrix of client same vexatious suits against the and the insurance company in foreign state.Hornish v. McConnell, Iowa, 182 N. W. 406. action of 4. Compromise with Client.-In an one-third to recover against defendant amount paid by defendant to client by attorneys, who had been assigned a one-third interest in a cause of action against defendant in order to secure their services, it was not necessary to plead and prove all the facts which would have been necessary in the original action to entitle their client to recover.-Wichita Falls Electric Co. V. Chancellor & Byran, Tex., 229 S. W. 649. rule of Relations. The 5.- Confidential equity in respect of confidential relations between attorney and client is founded, not on the professional relation per se, but on the influence which that relation implies, and will therethe influence exists, fore operate as long as although the attorney may not be then acting as attorney-Jones v. Caraway, Ala., 87 So. 820. Claimant.-An 6. Bankruptcy-Adverse signee for the benefit of creditors, who turned over to a trustee in bankruptcy the property of the bankrupt in his possession, retaining only amount claimed by him for fees and disbursements, was an "adverse claimant" of the moneys retained, and could not be proceeded the bankruptcy court, against summarily in an as accepting of Maker.-Payee, 9. -Insanity note to secure husband's debt and deed of trust on wife's land to secure note without knowledge that wife at time of execution of deed of trust was insane, was not protected as an innocent purchaser.-White v. Holland, Tex., 229 S. W. 611. 10. Terms of Contract.-In an action by an indorsee of promissory notes given for the purchase price of a farm tractor, where the answer and cross petition set up failure of considerabreach of warranty in the tion because of a contract of sale and alleged that plaintiff was not a holder in due course, held, that it was error to instruct that, if the plaintiff purchased the notes with knowledge of the terms and conditions of the contract under which the tractor was sold, the judgment should be for the defendant.-Advance-Rumely Thresher Co. v. West, Kan., 196 Pac. 1061. writing ad11. Brokers -Authority. — A dressed to an agent containing the following: "I shall be glad if you could sell the property, Tell your I would be glad for you if you could sell the get the commission. property and man to make me an offer"-stating the rate of on the dollar to be paid in the commission event of a sale being consummated, and signed by the owner, is sufficient to satisfy the statute of frauds, P. L. 1911, p. 703 (Comp. Stats. It is an authority for N. J. 1st Supp., p. 747). selling the property described in the writing.Clark v. Griffin, N. J., 113 Atl. 234. 12. Carriers of Goods-Delay.-Loss for consequential damage which shipper suffered of the whole of the value of potatoes by reason of his loss of the sale of them which he had made at a stipulated price, caused by negligent delay in the tranportation, followed by the subsequent conversion of the goods by the wrongful sale of them by the terminal carrier, was within the operation of the Carmack Amendment (U. S. Comp. St. $$ 8604a, 8604aa), which makes the initial carrier liable for any loss, damage, injury to such property, etc.-New York, P. & N. R. Co. v. Chandler, Va., 106 S. E. 684. 13. Carriers of Live Stock-Element of Damage. Where, in an action against a carrier for damages to sheep before delivery to consignee, it is alleged and proved that the market value of such sheep was depreciated by reason of the fact that they would not breed on account of the injuries sustained, and that this element of damage flowed directly from the injuries in question, the jury, under proper instructions from the court, may award plaintiff just compensation for the loss thereby sustained.-Smith v. Hines, Idaho, 196 Pac. 1032. 11. Carriers of of Passengers-Attendant Live Stock.-Rev. St. 1919, § 9938, requiring carrier to furnish a caboose for the transportation of attendant of live stock, does not require railroad to take caboose along with the live stock car to the unloading chute.-Vulgamott v. Hines, Mo., 229 S. W. 394. 15.- -Negligence. In a suit for injury to intook an unexpected course, the back wheels gotending passenger, it appeared that a street car ing as they were intended and the front ones veering off by reason of a split switch and caus |