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defendants to their sleigh in the roadway. To so hold the facts and circumstances must not only be undisputed, but unambiguous, and of such a nature that all reasonable men, unaffected by bias or prejudice, would agree that a reasonable necessity existed for the use of the skid and toe-board. We are unable to reach any such conclusion. On the contrary, we must hold that the inferences and conclusions to be drawn from the facts and circumstances alleged are such as to reasonably justify a difference of opinion, among fairminded and unprejudiced men, as to the existence of such necessity. Upon the same principles, we must hold as this court has frequently held, that the fact that the plaintiff attempted to cross the skid and toeboard, under the facts and circumstances alleged, does not raise a presumption of contributory negligence on his part. See Wehlin v. Ballard, 17 Q. B. Div. 122. That question, like the other, is properly for the jury. Wis. Sup. Ct., Oct. 12, 1886. Jochem v. Robinson. Opinion by Cassoday, J.

REMOVAL OF CAUSE-FILING OF PETITION-JURISDICTION. Upon the filing of a petition in a State court presenting a sufficient case for removal to the United States court, the rightful jurisdiction of the State court comes to an end; and it cannot permit an issue upon the allegations of the petition to be raised, and upon its determination order or refuse the removal of the case, as it may find the facts upon which the jurisdiction of the United States court is based. Iowa Sup. Ct., Oct. 25, 1886. Van Horn v. Litchfield. Opinion by Beck, J.

THE PHOTOGRAPH AS A FALSE WITNESS.

dence, and we may now mention another typical case.
A friend of ours, who some years ago had a portrait
studio in the city, formed a speaking acquaintance-
ship with a solicitor, as the result of meeting him
almost daily at a dining-room. One day the solicitor
greeted the photographer by expressing high disgust
toward photography and photographers; "for," said
he, "
one of you fellows will make me lose an ancient-
lights case to-morrow." "More fool you," answered
the photographer; "you should get some photographs
taken on your side also." In a close conversation of
some fifteen minutes, which followed, the solicitor
learned what he did not know before; he learned that
the photograph may be made to speak for this or for
that, according as the finger of mammon does point.
An inspection was made, and it was found that a pho-
tograph so untruth-telling as to be altogether satisfac-
tory to the plaintiff could only be taken under the fol-
lowing conditions: The lens must include an excep-
tionably wide angle; the view must be taken from the
roof of a certain building in the neighborhood, and
late in the afternoon. Much work had to be done.
The lens had to be borrowed from a celebrated optic-
ian, who had only just succeeded in constructing his
first extra wide-angle lens. Difficulties as to access to
the desired standpoint had to be overcome, but all the
obstacles were surmounted, and to the delight of the
lawyer, a photograph was produced which showed the
new wall as being close to the plaintiff's premises, and
magnified into disproportion, while the long, black
evening shadow trailed across the diminished building
of the plaintiff, rendering his windows almost invisible
for the very blackness. Here was a striking contrast
to the defendant's photograph, which showed the
plaintiff's building large, and illuminated by the mid-
day light, while on the remote edge of the picture was
the recently erected wall, to be seen as small and dis-
tant. To revert to the case which was heard last week,
Justice North, when he said that "he had seen some
very clear photographs which convinced him that the
inscription was put up in such a way that passers-by
would not be deceived," may have been fully aware of
all the circumstances we referred to. He may have
known that a signboard may be painted with two to-
tally different inscriptions, one of these inscriptions
being latent to the eye, and patent to the ordinary
sensitive plate; while the other inscription is patent
to the eye, but latent to the sensitive plate. He may
have studied the recent developments of ortho-chro-
matic photography, and he may, perhaps, look for-
ward to the time when it may be possible to represent
on the sensitive plate all objects in their correct rela-
tive intensities. He may have known how photo-

THE HE most dangerous perjurer is he who not only holds an almost universally high reputation for truthfulness, but also telling the truth in the main, still intruduces one such small and concealed element of falsehood as serves to turn the whole of his story on the side of unrightness; and this is the false witness whom lawyers fear with most reason, his detection and exposure being in ordinary cases utterly beyond the strength of a cross-examiner who is able easily to confute the clumsy and inexpert perjurer who invents the whole of his story. In recognition of the specially objectionable character of the witness who lies with truth, there is current among patent lawyers a rather expressive mode of comparing the noun liar, the comparison running thus: Positive, Liar; Comparative, Thundering Liar; Superlative, Scientific Witness. But the genius who formulated this invented for the occasion a fourth degree of comparison-a degree not recognized by the followers of Lindley Mur-graphy has sometimes done good service in rendering ray-the Kata-Superlative, and as Kata- Superlative to the noun liar, he places the name of one of our best known scientific witnesses, one who has won honors and position by the judicious exercise of his function of professional witness; but out of respect to the law of libel we must complete the inflection of liar by a blank thus: Kata-Superlative, Now, considering the very vast amount of truth told by the camera, and the general notion that a photograph must be, without question, an almost ideal of truthfulness; together with that firmly impressed idea that a photographic portrait must be a good likeness, it really becomes a question whether photography should not hold the fourth place in the grammatical intensitives of the noun liar, whether ought not to be hoisted down from his proud eminence, and the camera be allowed to reign there in his place. In commenting last week on a decision given by Justice North, and which decision seems to have been very much influenced by a photograph, we alluded to one way in which photography may give directly false evi

obvious things invisible to the eye; how stars invisible
to the eye can be seen by the recording eye of the
camera; how erased writing has been brought to light,
and how the markings of eruptive disease have been
seen by the camera before the eye could detect them.
Knowing all this, he may have satisfied himself that
the photographs were truthful ones. There is how-
ever a possibility that he did not know much about
the possibilities of the case, and that he took it for
granted that photographs cannot lie. If so, he has
created a dangerous precedent. Photographs ought
to be seldom received except in conjunction with the
personal evidence of the photographer who took them,
and when there is satisfactory independent evidence
that the photographs are truth-speaking witnesses.
"Can the sun lie?" is often asked; but asked much in
the same spirit as that in which he who told so much
unpleasant truth to the people of Israel asked,
the leopard change his spots?" A question which is
supposed to carry its own answer. Perhaps we may
say that though the sun does not lie, the liar may use

can

the sun as a tool, and in doing so, he, the perverter of the truth, may quote such old questions as Quis dicere falsum solem audeat? assuming that the answer is so obvious as to be altogether superfluous. Let all then beware of the liar who lies in the name of truth.-Photographic News.

the Baker and in the O'Dea case disregards the constitutional provision that full faith and credit shall be given to the judicial decisions of other States; though in the former case it was claimed that the Ohio court did not obtain jurisdiction of the person of the defendant, as its process was served by publication only; while in the latter case it was actually delivered to

ANNUAL MEETING OF THE NEW YORK STATE the defendant, and received by her, and that on notice

BAR ASSOCIATION.

she attended the taking of the depositions in the case, And yet a decision was given against her on the auHenry Hitchcock, of St. Louis, Mo., will deliver thority of the Baker case, Mr. Justice Danforth disthe annual address before the State Bar Associa-senting. tion. His subject will be "American State Constitu- The reward of $250, offered for the best essay on the tions." The exceedingly high reputation of Mr. Hitch- laws of divore in the United States; including the cock as a constitutional lawyer, and his accomplish- conflict of laws of the several States, and the possiments as a legist, insure a very valuable and interest- bility and advisability of national legislation, proming production. It will be eminently appropriate as ises a lively and interesting competition. Several adit precedes our proposed State Constitutional Conven- mirably-written essays have already been received, tion. and from the number of competitors entered in the records of the association, there are many more to

David Dudley Field has accepted an invitation to address the association on the "Needs of Legislation." It is hardly necessary to say that so important and so appropriate and timely a subject, discussed by a speaker so learned, will elicit general interest.

Mathew Hale, on the invitation of the committee, will read a paper on the need of "Legal Reform, and what reforms are most needed." Mr. Hale's address will add largely to the learning of the association, and the profession generally. As he has given the subject of Legal Reform much thought, it will abound in very many useful and practicable suggestions.

A biographical sketch of the late Judge Samuel Hand, a member of the association, will be read by some member hereafter to be announced. Admission to the bar and delays in criminal trials will be among the subjects for discussion before the association.

The conflict of the laws of divorce is receiving considerable attention from the members of the association, some of whom propose to settle the matter by adjudication in the United States Supreme Court, under the suggestion of Mr. Justice Folger, in People v. Baker, 76 N. Y. 88, and in the prevailing opinion, in O'Dea v. O'Dea, 101 N. Y. 24. The latter case is believed a proper one for adjudication in the Federal court. It was decided upon the doctrine established in the case of People v. Baker. In the opinion in the O'Dea case, the court say: "In the Baker case there was a dissent by the late learned chief judge, and the opinion recognized the fact that in other States, judgments contrary to the authorities followed in this State, had been rendered. This conflict of opinion, however much to be regretted, continues, and it yet remains for some ultimate authority to relieve the point from the difficulties now attending it, and determine the civil rights of parties whose relations, as legally defined by different State tribunals, are liable to be regarded on one side of the State line as matrimonial, and on the other side as meretricious."

*

In the Baker case Mr. Justice Folger said: "It will prove awkward,and worse than that-afflictive and demoralizing-for a man to be a husband in name and under disabilities or ties in one jurisdiction, and single and marriageable in another. *** In seeking for a rule which shall be of itself, from its own reason, correct, we ought to find or form one, if may be, that is generally applicable * *The extent of a want of harmony in polity and proceeding ought to bring in some legislative remedy. It is not for the courts to disregard general and essential principles, so as to give palliation. Indeed it is better, by an adherence to the policy and law of our jurisdiction, to make the clash the more and the earlier known and felt, so that the sooner may there be an authoritative determination of the conflict." It is insisted that the ruling in

come.

The general committee of arrangements, which assembled in the rooms of the association at the Capitol on the 26th of November agreed upon an excel lent order of exercises for the annual meeting on the 18th and 19th of January next, which includes a banquet. A general programme will appear in the LAW JOURNAL of December 11.

CORRESPONDENCE.

APPEALS ON DEMURRERS.
Editor of the Albany Law Journal:

Your subscriber, "Doubt," asks in the November 20th number, "whether an appeal will lie to the General Term from an order sustaining or overruling a demurrer to a complaint, where leave is given to amend?" And claims that as far as he is aware the decisions seriously conflict. The First Department case which he cites, 32 Hun, 194, does not hold that the remedy is by appeal from the "final" judgment, but that it is by appeal from the judgment entered thereon. In the Third Department case, 31 Hun, 532, Mr. Justice Potter says in his opinion: "Section 1349 would seem to authorize an appeal from an interlocutory order, overruling or sustaining a demurrer, when leave to amend given," but the appeal in that case was from the interlocutory judgment entered on the order, as well from the order, so that whether the order alone, as such, was appealable, did not squarely arise.

"Doubt's" question, it is plain from the Code and cases, must be answered in the negative, for the result of a trial of the issue of law raised by a demurrer must be a judgment, interlocutory or final (Code, $1021). The order is simply the formal decision of the court on which the clerk will enter the appropriate judgment, and may be said to be analagous to the clerk's "Extracts from the minutes" at Trial Term, which is used in the same way for the entry of judg ment. Directly in point on this is the case of Benja min v. Allen, 7 Civ. Proc. 202, where the General Term held that the county clerk was not authorized to enter judgment on an opinion, and that there must be a decision.

In conclusion, the General Term of the Fourth Department have considered this question of appeals from orders overruling or sustaining demurrers very fully, and the law is clearly expressed in the opinion of Mr. Justice Smith, Miller v. Sheldon, 15 Hun, 220. He says, that appeal from an order in such a case is not authorized by the Code, that the remedy is by ap peal from the judgment, final or interlocutory; that when such judgment gives the defendant time to

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Editor of the Albany Law Journal:

If you have room enough in some corner, will you be kind enough either to answer or to ask the following question?

When two executors are authorized and directed by will to sell land, and qualify, giving bond, etc., and one of them dies, what powers has the remaining executor (1) in regard to personal property; (2) in regard to real property? Can the Orphan's Court give him the power to sell real estate, in case the power fails by the death of the one; or if the power so fails, are not both executors dead in law, at least quoad the real estate, so that the Orphan's Court can appoint an administrator C. T. A. under a statute authorizing such an appointment in case both executors are dead? If the survivor loses his power over the real estate, is he any longer executor, even of the personalty? Or can some of his powers fail, and others be not affected, by the death of his associate?

Some one of your many readers may answer, if you do not find it convenient, if you will kindly give it space.

Very respectfully,

CUMBERLAND, MD., Nov. 15, 1886.

ATTORNEY.

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Judgment affirmed with costs-Anna M. Holcomb, executrix, etc., appellant, v. Kneeland J. Munson and others, respondents.- -Order of General and Special Terms reversed and application for a mandamus denied with costs. Opinion by Ruger, C. J.; concur, Rapallo, Miller, Earl, Danforth, JJ.; not voting, Andrews, J.; absent, Finch, J.-People ex rel. Superintendent of Poor of Oswegatchie, respondents, v. Board of Supervisors of St. Lawrence County, appellants. Motion to advance. Case put down for argument on the first day of the next session of the court and all parties interested can file briefs-In re Application to compel payment under will of McPherson.

-Case put down for argument on the second Monday of December-People ex rel. Bridgman v. Hall.

-Motion to advance denied with costs-Ensign v. Baise (two cases).--Motion for reargument denied with costs-Metropolitan Trust Co. v. Tonawanda Co. -Motion for reargument denied with costs-Fischer V. Langbein.Motion for substitution. Motion for substitution granted with $10 costs of motion to abide the event of the action-Roberts v. Ellwood.

NOTES.

The London Law Journal criticises a book called "Land in Fetters" on account of its title, saying that one might as well say "Water in Handcuffs." But certainly we have read about "tying up" lands.

A woman recently occupied the witness stand in Belfast, Me., who was a match for the lawyers, says, the Journal. She was a witness in the pauper case between Liberty and Palmero, and had been a pauper in the latter town. On cross-examination the attorney asked her if she was a pauper on the town. "I was a liability," said the woman. "You were a pauper," said the attorney. "I want you to understand," said the woman, firing up, “that poor people are not paupers, they are liabilities."

The shrewdness, humor and decisiveness of ViceChancellor Bacon were the characteristics which made his popularity with the profession. His humor was not only in his tongue and in his manner, but extended to his pen, which sometimes was unable to refrain from reproducing on the margin of an affidavit or elsewhere the features of a witness which offered provocation. If this talent had been less under control, he might have relieved the Court of Appeal of the difficulty under which they labor in deciding questions of fact upon appeal, namely, that they have not the advantage of seeing the demeanor of the witnesses.' It was supposed that a long-winded counsel would sometimes hardly escape being placed openmouthed in the pictorial pillory of the judge's notebook, if so much may be revealed of the contents of a volume of high privilege and even of sanctity. The vice-chancellor's pen was less likely to spare the advocate if under his wig he wore a beard, which the vice-chancellor thought obstructed the voice. In any case, Vice-Chancellor Bacon did not like long speeches at the bar, and did not indulge in long judgments, although perhaps he had the fault of over taciturn judges, that his silence sometimes induced his deciding on a ground which would have been shown to be erroneous if known to have been in his mind. It is to be hoped that his good qualities, and especially the fact that his conscientiousness was never consciously displayed, will not disappear with the last of the vice chancellors.-London Law Journal.

According to the Law Journal, the retiring ViceChancellor Bacon was an 66 original." The Journa! says: "It is no doubt easier to illustrate by examples than adequately to analyze the Baconian method. We will take one or two examples out of many which occur to us. We remember an occasion on which a pertinacious advocate, after having completed a somewhat dreary review of one part of his case, said: "Then, my lord, we come to the matter of the accounts, to which I desire to direct your lordship's attention.' 'This is not the place for it; the accounts cannot be taken herethey must be discussed in Chambers.' 'There are only three items which I wish to mention.' 'Three more than it is my duty to consider now; three more than I propose to consider.' 'There is one item which I am particularly anxious to go into.' 'Go into it by all means,' said the judge, but don't ask me to go into it. Go into it with my chief clerk; or if you cannot wait till you get an appointment with him-for I don't wish to abridge your lawful enjoyments-go it alone.' On another occasion a counsel, notorious for long-winded speeches, wandering away from the matter in hand, was thus addressed by the learned judge: Mr. X., at any other time, or in any other place, I should be most happy to Converse with you on this or on any other subject, but what you are now saying has nothing to do with the case before me, and I must request you to confine yourself to the subject-matter of the case.' And the learned judge, having completed with elaborate politeness this address, relieved his mind by adding, sotto voce, 'jabbering idiot.'" We can parallel this last by the story of a late commissioner of appeals in this State, who being somewhat deaf, was "coached" by one of his

neighbors on the bench. On one occasion a young stranger arose to address the court, and his honor said, in a whisper audible to some of the lawyer in the front row, if not to the unfortunate young man, "Who's this cuss?" We do not vouch for this story.

president held a short conversation with the accused themselves, and having heard a brief explanation of the circumstances, discharged them then and there. The same course was adopted with the next two, who were sent on their way rejoicing after receiving a lecture from the bench. Then came the pear-stealing case. Stealing pears from market stalls would seem to be a favorite amusement among the juvenile Brugeois at this season of the year. In this instance the culprit was a gamin of about eight years old, and he had been caught red-handed. But in consideration of his youth, and also, I believe, in accordance with a provision of the Belgian law, the judge declined to punish him, and he too was acquitted. Upon this I number of acquittals in the face of uncontradicted eviventured to express my surprise to the usher at the dence. He admitted that they were rather numerous, but, he added, in a triumphant tone, "Last week a boy was sentenced to three months' imprisonment for the same offense." I found this to be the case, and much indignation has been caused thereby among the his case with the leniency of Vandermissen's sentence Brugeois, as the lad was only fifteen. They compare (which is still on appeal), and say that Belgian justice is inexplicable. Three other cases were tried, making quitted. There was no one else in the list, so the seven in all, and every one of the prisoners was acjudges rose, the soldiers presented arms, and the day's work, which had lasted barely three-quarters of an

Being desirous of seeing how matters are worked in. Belgian criminal courts, I found an opportunity during a recent visit to the ancient city of Bruges. Unfortunately none of the superior courts were sitting, but the judges were disposing of what we should call "night charges " in the Court of Police Correctionelle, and accordingly I sought admission. It struck me, first of all, that the machinery of justice was considerably in excess of the requirements of the case. The matters that came before the bench were all of the very smallest importance, the most grievous offense that was tried being a theft of pears from a fruit stall in the market. To manage this there were three judges, viz., the president of the court and two other judges. All three were in full legal attire, with long robes, a white band, crimped instead of being ironed out flat like the English bands, and a high black cap instead of a wig. In addition to these was an official, also in robes, attached to the government, who took notes of the cases, and another gentleman who did nothing at all, except to put an occasional question to the witnesses and to chat with the judges. There was, beyond these, a clerk whose duty apparently it was to attend to the summonses, and there was a function-hour, was at an end.-Daily News. ary who acted as usher. He called the cases on, administered the oaths, and in the intervals he interpreted the nature of the charges to me. Lastly, there were two soldiers of the Civic Guard. armed to the teeth with a rifle and fixed bayonet, and they both wore huge bearskins and spurs. They seemed to be a kind of mounted infantry. There was a small dock in the center of the court, facing the dais where the judges sat, but the nature of the charges not being sufficiently heavy, the accused sat on a form just in front of it. A chair was placed upon the dais inself, exactly in front of the president, for the witnesses, who thus sat with their backs to the persons against whom he gave evidence. There was not a single po liceman in the court. In the cases to be tried there had been no arrests, and consequently no one was in charge of the defendants. The latter, upon a plaint being laid before the commissary of police, had been "invited" to attend the court and answer the charge, and they had all accepted the invitation. If they had respectfully declined they would have been promptly sent for, but they probably knew better that to give the court so much trouble. The first couple of criminals who seated themselves on the form were two men -one elderly, in working clothes, and the other a private in the artillery, who appeared in uniform. They were charged with an assault, and the trouble seems to have arisen out of family differences. One after another the witnesses went up to the chair and were duly sworn.

Both were

The Federal justices are men of such presence as to attract attention, even when their identity is unknown. Justice Bradley lives on I street, much closer to the capitol than his brothers of the bench, and is less seen height and is slight of build, but his face is such that on the avenue than they. He is scarcely of medium one will turu and look as he passes by. He lives in the row that three leading Democratic senators just be quarter of Washington, and the same row where fore the war essayed to make the most fashionable Generals Grant and Sherman subsequently resided. mile and a half west of Justice Bradley, generally Chief Justice Waite, who lives also on I street, but a walks alone. Justice Harlan, who went to Rockville last winter to live, when he comes on the avenue, times he and Justice Gray will come along together. walks with different members of the court. SomeJudge Harlan is a mau of splendid build, even for a Kentuckian. He can easily look down on nine out of Gray he has to look up, as the latter is really gigantic ten men that he passes, but when he walks with Judge in his proportions. His frame is not however so well built, and he is not so graceful in his movements, as Judge Harlan. Justice Miller, like the chief justice, the best-known figures on the avenue, but he rarely seems to prefer a solitary promenade. He is one of apt to join him unless invited. He is one of the pubhas company, and his most intimate friends are not No Testament was used. The witnesssions, and it must be an extremely bitter and inclemlic men here who wear evening dress upon all occahad simply to hold up his or her right hand, with the index finger elevated, and repeat the oath after the usher. What its terms were I could not ascertain, but it was extremely short, and my impression is that the first words were Bei Gott. Then the interrogation began by the president, and the witness who was a market dame, wrapped in a voluminous cloak and bonnet, and who possessed no small share of the garrulity of her class, was soon off upon a long history, which was untimely cut short by his lordship. Neither of the prisoners had a legal representative, and neither cross. examined the witness. Nor were they asked to do so. The woman was simply told to stand down, and the turn of the next came. When their statements, which lasted altogether about five minutes, were over, the

Curiosity has been expressed as to the reason for the ent day when he supplements it with an overcoat. pedestrian proclivities of the Supreme Court justices. It is said that they find the exercise absolutely neces sary, for in addition to their judicial labors they have in the United States, if not in the world. No swell to perform more social duties than any other nine men dinner in Washington is considered complete without Court, and almost all of the justices entertain largely the presence of one or more members of the Supreme themselves. No one in Washington gives more frequent or more elaborate dinners than Justice Blatchford, and the mansion of Justice Matthews has long been noted for literary reunions where the feast of reason played only a secondary part.--Baltimore Sun.

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The Albany Law Journal.

ALBANY, DECEMBER 11, 1886.

CURRENT TOPICS.

'N his oration before the law school graduates at

said: "It seems to me that nearly all the education which men can get from others is moral, not intellectual. The main part of intellectual education is not the acquisition of facts but learning how to make facts live. Culture, in the sense of fruitless knowledge, I, for one, abhor. The mark of a master is, that facts which before lay scattered in an inorganic mass, when he shoots through them the magnetic current of his thought, leap into an organic order and live and bear fruit. But you cannot make a master by teaching. He makes himself by aid of his natural gifts. * * ** Lawyers, too, were among the first specialists to be needed and to appear in America. And I believe it would

be hard to exaggerate the goodness of their influence in favor of sane and orderly thinking. But lawyers feel the spirit of the times like other people. They like others, are forever trying to discover cheap and agreeable substitutes for real things. The aim of a law school should be, the

* * *

*

law and the grounds on which they stand. The law has got to be stated over again, and I venture to say that in fifty years we shall have it in a form of which no man could have dreamed fifty years ago. * * A young man cannot try or argue a case as well as one who has had years of experience. Most of you also would probably agree with me that no teaching which a man receives from others at all approaches in importance what he does for himself, and that one who has simply been a docile pupil has got but a very little way. But I do think that in the thoroughness of their training, and the systematic character of their knowledge, the young men of the present day start better equipped when they begin their practical experience than it was possible for their predecessors to have been. And although no school can boast a monopoly of promising young men, Cambridge, of course, has its full proportion of them at our bar, and I do think that the methods of teaching here bear fruits in their work. I sometimes hear a wish expressed by the impatient that the teaching here should be more practical. I remember that a very wise and able man said to a friend of mine when he was beginning his professional life, 'Don't know too much law,' and I think we all can imagine cases where the warning would be useful. But a far more useful thing is what was said to me as a student by one no less wise and able, afterward my partner and always my friend, when I was talking as young men do about seeing practice and all the other things which seemed practical to my inexperience: The business of a lawyer is to know law.' The professors of this law school mean to make their student know law."

aim of the Harvard Law School has been, not to make men smart, but to make them wise in their calling, to start them on a road which will lead them to the abode of the masters. * ** * There are plenty of men nowadays of not a hundredth part of Story's power who could write as good statements of the law as his, or better. And when some mediocre fluent book has been printed, how often have we heard it proclaimed, lo, here is a greater than Story! But if you consider the state of legal literature when Story began to write, and from what wells of learning the discursive streams of his speech were fed, I think you will be inclined to agree with me that he has done more than any other English-speaking man in this century to make the law luminous and easy to understand. But Story's simple philosophizing has ceased to satisfy men's minds. I think it might be said with safety that no man of his or of the succeeding generation could have stated the law in a form that deserved to abide, because neither his nor the succeeding generation possessed or could have possessed the historical knowledge, had made or could have made the analyses of principles which are necessary, before the cardinal doctrines of the law can be known and understood in their precise contours and in their innermost meanings. The new work is now being done. Under the influence of Germany, science is gradually drawing legal history into its sphere. The facts are being scrutinized by eyes microscopic in intensity and panoramic in scope. At the same time, under the influence of our revived interest in philosophical speculation, a thousand heads are analyzing and generalizing the rules of VOL. 34 No. 24.

There is no lack of materials for our "Animal Kingdom in Court" this week. In Re Douglas, Obert v. Barrow, 55 L. T. Rep. (N. S.) 388, it was held by Kay, J., that a bequest to the "Home for Lost Dogs" is valid. The learned judge said: "It was argued that an institution for taking care of dogs was not a charity; but in the face of University of London v. Yarrow, I do not think that that argument can be maintained. In that case a bequest was made for founding, establishing and upholding an institution for studying and endeavouring to cure the maladies of any quadrupeds or birds useful to man. The Lord Chancellor held in effect that an institution for the benefit of animals useful to mankind, by which he said he thought was meant domestic animals, was so far for the benefit of the human species which was served by them that it might be called a charity, and of all domesticated animals those for which men have the highest affection, and by which they are most served, are dogs; so that a Home for Lost Dogs appears to me to be as much a charity as a hospital for the diseases of domestic animals." The same mail brings us an account of a English county court case, in which a huge St. Bernard dog shook a little boy like a rat, and tore a piece out of his cheek, disfiguring him for life. There was no proof of the scienter, and so no damages could be awarded.

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