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67. Municipal Corporations Control of Streets. One engaged in the business of a common carrier for hire upon the streets of a city has no absolute right to continue in that business; the legislature having the right to control the use of the streets or to delegate that power the municipality.-Huston v. City of Des Moines, Iowa, 156 N. W. 883.

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68. Dedication.-Where land was donated to a municipality for a park, it was not an invasion of the rights of the public to permit a statue of one of the donors to be constructed and placed in the park.-Braham v. City of Meridian, Miss., 71 So. 170.

69.Jitney Busses.-A provision in an ordinance regulating jitney busses that on conviction of violation of traffic laws the judge should recommend whether the driver's license should be revoked and the city council should act upo nit held not bad as delegating to the courts the power to revoke licenses.-Huston v. City of Des Moines, Iowa, 156 N. W. 883.

70. Mandamus.-Where it does not appear that city can raise fund from 50-cent levy, mandamus will lie to compel additional levy to pay judgment for conversion.-State ex rel. Poole v. City of Willow Springs, Mo., 183 S. W.

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73. Street Obstruction.-An while entitled to use the streets with his vehicle, as a motor car, and to stop it for a reasonable time, has no right to park it in the streets for a long period of time, and thus obstruct others.-Pugh v. City of Des Moines, Iowa, 156 N. W. 892.

74. Navigable Waters-Riparian Rights.-A patent to a fractional section of land does not necessarily confer riparian rights because of the presence of meanders.-Lord v. Curry, Fla., 71 So. 21.

75. Negligence Licensee.-Where a child on the way to school went out of his accustomed path to observe a train wreck, he could not recover from the company as a licensee on the ground that he had formerly used the right-ofway to carry lunches to his father.-Wilmes v. Chicago Great Western Ry. Co., Iowa, 156 N. W. 877.

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76. Right of Action. Where a woman injured in a crossing accident through the negligence of a railway company, she is not precluded from recovery by the fact that a contributing cause of her injury was the failure of her husband to use due care in managing the automobile in which they were riding.-Denton v. Missouri, K. & T. Ry. Co., Kan., 155 Pac. 812.

77. Partnership-Implied Contract.-Where a partnership business is closed out, a cause of action for an accounting and settlement arises under an implied contract to share profits and losses.-Brooks v. Campbell, Kan., 155 Pac. 41.

78. Patents-Estoppel.-One who employed a patentee, who had assigned his patent, to design a competing device that would, if possible, avoid infringement. when sued for infringement, held estopped to deny validity of the patent.-Mergenthaler Linotype Co. v. International Typesetting Mach. Co., U. S. D. C., 229 Fed. 168.

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pleadings.-Darry v. Cox, Idaho, 155 Pac. 660.

81. Powers-Trust Deeds.-Where trust deeds to testator gave him power by will to prevent "either" of his children from participating in the trust property, and his will provided that in execution of such power he prohibited "either" from receiving any of the principal, all the testator's surviving children, more than two, excluded from sharing the principal.Watson v. Watson, Mass., 111 N. E. 904.

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82. Principal and Agent-Good Faith -Dentist, employed to assist another dentist on weekly salary, is servant or employe, not agent, held to utmost good faith.-Wightman v. Wightman, Mass., 111 N. E. 881.

83. Principal and Surety-Condition Precedent.-Plaintiff contracting for excavation work with a provision for liquidated damages, upon which the contractor gave a surety bond conditioned for the faithful performance, on the contractor's abandonment of the work was under no duty to complete it as a condition precedent to his recovery of damages.-Comey v. United Surety Co., N. Y., 111 N. E. 832, 217 N. Y. 268.

84.- Consideration.-An agreement by surety to pay a note in case the principal refuses to do so made as an inducement to third persons to sign it is supported by a consideration. Clevenger v. Commercial Guaranty State Bank, Tex. Civ. App., 183 S. W. 65.

85.-Defenses.-A surety cannot defeat liability on the ground that the principal's assigned property was sufficient to pay all debts, where the creditor did not assent to the assignment and the property was taken and distributed by the receiver appointed in a suit by the surety. Manufacturers' Nat. Bank V. Chabot & Richard Co., Me., 96 Atl. 836.

86. Prohibition-Application for Writ.-Prohibition against a judgment is applied for in time so long as anything remains to be done to carry the judgment into effect.-State ex rel. Buckingham Hotel Co. v. Kimmel, Mo. App., 183 S. W. 651.

87. Public Lands-Appurtenance. Swamp, boggy and marsh land is properly treated as land, and does not pass under a patent as an appurtenance to land.-Lord v. Curry, Fla., 71 So. 21.

88. Railroads Anticipation of Injury.-A railroad could not reasonably have anticipated that a pedestrian would stumble over a spike protruding two inches from tie, and is not liable for injury therefrom.-Gosney v. Louisville & N. R. Co., Ky., 183 S. W. 538.

89.- -Burden of Proof.-In an action for being struck by loose freight car door in passing train, plaintiff must prove that door was loose, and that defendant was negligent in failing to inspect, or that deefndant, having reasonable time after notice before injury, failed to repair. -Thompson v. St. Louis Southwestern Ry. Co., Mo., 183 S. W. 631.

90.- -Foreclosure.-Unsecured creditors of a solvent corporation, whose property was sold on foreclosure to a reorganized corporation, which was to issue stocks and bonds in exchange for the bonds of the old company, are entitled to charge the new company with their debts.Kansas City Southern R. Co. v. Guardian Trust Co., U. S. Sup. Ct., 36 Sup. Ct. 334.

91.- -Ordinary Care.-The duty to use ordinary care to avoid injury imposed on one using a railroad crossing does not ordinarily require him to stop, but does require him to look and listen and to exercise ordinary care to select a place where his looking and listening will be reasonably effective.-Pittsburgh, C., C. & St. L. Ry. Co. v. Dove, Ind., 111 N. E. 609.

92. Records-Filing. The word "filing" means the delivery to and receipt by the proper officer of an instrument to be kept on file.Yates v. Taturn, Colo., 155 Pac. 328.

93. Reformation of Instruments-EquityWhere covenant in deed to cemetery association to pay grantor a stated percentage of the proceeds of lot sales was invalid, it was error to reform the deed by striking out the covenant, where there was no other consideration for the conveyance, since the maxim that one seeking equity must do equity applied.-Bliss v. Linden Cemetery Ass'n, N. J., 96 Atl. 1001.

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covery of land does not accrue until the death of the life tenant.-Green v. Jones, Ky., 183 S. W. 488.

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95. Specific Performance-Equity.-The crease in value of the lands before an option is exercised does not render the contract so inequitable that it will not be specifically enforced.-Larson v. Smith, Iowa, 156 N. W. 813.

96. Street Railroads-Evidence.-In an action against a street railroad for injuries to a boy when stealing a ride on a car, evidence that on other occasions the motorman had invited the boy to get on the car to turn the switch for him, paying him for the service, was inadmissible. Bashm v. Owensboro City R. Co., Ky., 183 S. W. 492.

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Taxation-Valuation.-The "just valuation" required by Const. art. 9, § 1, is not secured where the valuation of some property is higher proportionately than the valuation of other property assessed for the same purposes. -Sparkman v. State, Fla., 71 So. 34.

100. Telegraphs and Telephones-Agency.— An operator of a connecting telephone company who cut in on the defendant's telephone line and used offensive laguage to a lady to whom plaintiff was talking, was held not to be the defendant's agent where he had no duty to perform for the defendant with reference to the message in question.-Murray v. Southern Bell Telephone Co., S. C., 88 S. E. 31.

101. Theaters and Shows-Licensee.-Where the proprietor of a moving picture show fails to make the premises as reasonably safe as is consistent with the practical operation of the show, he is liable for injuries resulting.Andre v. Mertens, N. J., 96 Atl. 893.

102. -License.-The action of the commissioner of licenses of New York City, in refusing a license for a moving picture theater merely because another party used adjacent land for a business requiring a permit which could not be issued for any building in which the compartment for inflammable oil was within 50 feet of any building occupied as a theater was improper, as unreasonable.-Ormsby v. Bell, N. Y. Sup. Ct., 157 N. Y. Supp. 533.

103. Trade-Marks and Trade-Names-Misrepresentation.-The display on hosiery of a trade-mark word containing the Notaseme," descriptive of the article, amounts to a misrepresentation, where such word was excluded from 1 the trade-mark as registered.-Straus v. Notaseme Hosiery Co., U. S. Sup. Ct., 36 Sup. Ct. 288.

104. Trover and Conversion-Turpentine.The value of distilled product of crude turpentine taken by one from land which he knew to be an unperfected homestead entry may be recovered by the United States from any person having the possession of such product.-Union Naval Stores Co. v. United States, U. S. Sup. Ct., 36 Sup. Ct. 308.

105. Trusts-Attorney Fees. Allowance of attorney's fees out of a trust estate will not be sustained where the allowance is made up of several items in the aggregate, some of which were not allowable without testimony as to what any single item was worth.-In re Clark, Iowa, 156 N. W. 353.

106. Wills-Contingency.-Where a will provided that a son should take an amount stated at a certain age, and that a daughter should have a like amount set aside at the same date, the provision to the daughter was not contingent

upon the son living to the date mentioned, but fixed the time at which she would take.Stover v. Webb, Me., 96 Atl. 721.

107.- -Devise.-Devise for life with remainder to heirs whether to heirs generally or to heirs of the body general or special, held to vest fee-simple title in the first taker.-Hunting v. Jones, Tex. Civ. App., 183 S. W. 858.

108. Income.-Though stock dividend represented earnings accumulated during period when income from trust estate was to be added to corpus, proportion derived from earnings accumulated after testator's death held distributable as income.-Miller v. Safe Deposit & Trust Co. of Baltimore, Md., 96 Atl. 766.

109. Intestacy.-While the mere fact that a will is inequitable does not defeat it, that is to be considered with other facts in determining whether testatrix had a fair conception of her relationship to her property and the objects of her bounty.-In re Workman's Estate, Iowa, 156 N. W. 438.

110.- -Lawful Issue.-As normally used, the words "lawful issue" mean all descendants of the person whose issue is indicated, and quire a per capita distribution.-In re Van Cleef, N. Y. Sur. Ct., 157 N. Y. Supp. 549.

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111.- -Life Estate. Where a testator devised land to his daughter and children, with particular directions for devolution of the estate in case the daughter should die without heirs of her body, the daughter took a life estate, and the children a remainder.-Brock v. Brock, Ky., 183 S. W. 213.

112.- -Life Estate.-Where testator by two items of his will devised real estate to his wife, and by a third item provided that she should hold the "above-named property" for life, she acquired a life estate only.-Morse v. Henlon, Kan., 155 Pac. 800.

113.- -Mental Capacity.-That testator did not make proper provision for his aged wife does not show mental incapacity.-Carr v. McCormick, R. I., 96 Atl. 817.

114.- -Remainder.-Under a will giving testator's daughter a farm for life, remainder in fee simple to her "heirs at law," held that the daughter took an estate in fee.-Stathers v. Renz, Pa., 96 Atl. 717.

115 Residuary Clause.-General words in a residuary clause of a will such as "all the . rest, residue, and remainder," will embrace every species of property, real or personal, unless restricted by the context.-Faison v. Middleton, N. C., 88 S. E. 141.

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testatrix's Residuary Clause.-Where will, containing a residuary clause, in bequeathing the contents of her safe deposit box, described them as "consisting of jewelry," etc.. the general words will be limited to things of the same sort as jewelry.-In re Thompson, N. Y., 111 N. E. 762, 217 N. Y. 111.

117. -Specific Legacy.-Where testatrix who owned 510 shares of bank stock bequeathed such to named shares persons in varying amounts, held, that the legacies were specific. so that the legatees were entitled to dividends on the shares. In re Largue's Estate, Mo., 183 S. W. 608.

118. -Testamentary Capacity.-An action will not lie during the lifetime of testator to compel the surrender and cancellation of the will in the custody of a third person on the ground that testator did not possess testamentcapacity when he executed it.-Pond v. Faust, Wash., 155 Pac. 776.

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119.-Vested Interest.Where testatrix's will created a trust for the support of all her brother's children, to vest absolutely "when there shall be no child of my brother *** two children of the living and under 21," brother, both over 21, were entitled to the estate, although their father was living.-Dawson v. Akers, Md., 96 Atl. 806.

120 Word of Purchase.-The word "children," a word of purchase, will not be read in a word of a will as the equivalent of "heirs." limitation, except where necessary to give effect to the instrument of where the context shows that the testator so employed it.-Desmond v. MacNeill, Conn., 96 Atl. 924.

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THE INDIVIDUAL DELINQUENT

A Text-Book of Diagnosis and Prognosis for
All Concerned in Understanding Offenders.

BY WILLIAM HEALY, A. B., M. D.

Director of the Psychopathic Institute, Juvenile Court, Chicago, Associate Professor Mental and Nervous Diseases, Chicago Polyclinic.

This volume is the result of five years' study and investigation by the Juvenile Psychopathic Institute of Chicago. The part played by heredity, disease, mental abnormality and environment in the production of criminals is clearly shown, and the best method of study and diagnosis indicated. IT IS THE FIRST TEXT-BOOK ON A VITALLY IMPORTANT SUBJECT.

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PATHOLOGICAL LYING,
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A Study in Forensic Psychology.

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286 Pages. 12 mo. Cloth. Price $2.50 Net.

LIMITATIONS ON THE
TREATY-MAKING POWER

Under the Constitution of the United States.

BY HENRY ST. GEORGE TUCKER, LL. D.

Formerly Dean of the Law Schools of Washington and Lee University, and George Washington University, Washington, D. C. Editor of Tucker on the Constitution. 8vo. Cloth. $5.00 Net, Delivered.

EVOLUTION OF LAW

Select Readings on the History of Legal Institutions.

Compiled by Albert Kocourek, Professor of Jurisprudence in Northwestern University and John H. Wigmore, Professor of Law in Northwestern University.

In Three Octavo Volumes, containing nearly 2,500 pages, bound in cloth.

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Volume II.
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Central Law Journal.

ST. LOUIS, MO., JUNE 9, 1916.

LOUIS D. BRANDEIS, ASSOCIATE JUSTICE SUPREME COURT OF THE UNITED STATES.

Probably no more popular appointment to the Supreme Bench has ever been made than President Wilson's nomination of Louis D. Brandeis of Boston, which was confirmed by the Senate, June 1, 1916.

Unfortunately for the prestige of the legal profession, many of its leaders were found publicly opposing confirmation, with the result that editorial comment in the public press following confirmation has been anything but flattering to the profession.

Louis Dembitz Brandeis was born at Louisville, Ky., Nov. 13, 1856. He was graduated from the Harvard Law School in 1877 and immediately began the practice of law in Boston. His practice has been lucrative, first as the junior member of the firm of Warren & Brandeis and later as senior member of the firm of Brandeis, Dunbar & Nutter.

Who's Who for 1915 states that the public activities of Mr. Brandeis, which brought him public notoriety, began in 1906 when he began his attacks upon the New Haven monopoly. Thereafter followed in rapid succession his appearance for Mr. Glavis in the Ballinger-Pinchot investigation; his appearance in behalf of shippers in the advanced freight rate investigation before the Interstate Commerce Commission; and his appearance as counsel for the people in proceedings involving the constitutionality of Oregon and Illinois women's ten-hour law. His settlement of the New York Garment Workers' strike in 1910 increased his popularity, and his report as chairman of the arbitration board displayed thorough understanding of the conditions under which that business was conducted.

It was these public activities of Mr. Brandeis which were the cause of both his popularity with the people and his unpop

ularity with certain business interests. “Ten years ago," says the New York Evening World, "the nomination of Mr. Brandeis to public office would have been received with universal favor. He had been graduated with great honor at the Harvard Law School. In 1890 he was made a member of the committee appointed by the Board of Overseers of Harvard University to visit the Law School and, indeed, has been continued in that position ever since that time, and in 1895 he was elected to honorary membership in the Phi Beta Kappa. These honors would not have been conferred upon him had not his reputation at that time been conspicuously good."

There can be no doubt that few lawyers in this country are intellectually better qualified for the performance of the duties of supreme judge than Mr. Brandeis. With a keen, analytical mind which goes right to the heart of a problem, he should be able greatly to assist the court in getting at the important issues of a case. He is a great diagnostician of legal and sociological problems and everyone who has read his books is enthusiastic over the perspicuity of style and argument that reduces the most abstruse problems to the simplest terms.

Mr. Brandeis will greatly increase the prestige of the highest court in the world. Beside being, according to the late Chief Justice Fuller, one of the keenest legal minds that ever practiced before that tribunal, he is a man in deep sympathy with the needs of the people who toil. His practice has frequently led him to oppose corporate wealth and vested interests, in seeking to procure justice for those who demanded a larger share of the wealth they had created and greater comforts in the duration and conditions of their daily labor. Mr. Brandeis has also been known as the cham

pion of public rights as against the great public service corporations and here again he has accomplished much.

But in spite of the apparently radical. ideas of Mr. Brandeis, he is no demagogue. He has never sought public preferment and what public service he has rendered has not.

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