ITEMS OF PROFESSIONAL

INTEREST.

REPORT OF THE MEETING OF THE ALABAMA BAR ASSOCIATION.

A sharp controversy over the primary system of electing judges enlivened the forty-third annual meeting of the Alabama Bar Association, held April 30th and May 1, 1920, at Birmingham, Ala.

The main feature of the program was the celebration of the Centennial of the Supreme Court of Alabama. The principal address was delivered by Justice John C. Anderson who reviewed the history of the Supreme Court, entertained those present with reminiscences of its great judges and recalled some of the most celebrated decisions of the court. There was a reference to the effect of the primary on the proper selection of judges in Judge Anderson's address when he said that "the trouble with the present system of primary elections, for the nominations of judges in our courts, is that the thoughts of the people are centered on the political candidates and lose sight of the judicial candidates." Judge Anderson suggested as a remedy for this situation that the candidates for the supreme bench should be voted on in a separate primary, set aside for this special purpose.

Mr. W. O. Mulkey of Geneva, Ala., followed with a sharp attack upon the primary as a method for selecting judges. In the course of his address, Mr. Mulkey said:

"The idea of a candidate for judge going from town to town and place to place urging his candidacy upon the voters, with a card in one hand, his name on one side thereof, together with the office he is seeking and on the other side, that he is a Methodist or Baptist or Presbyterian, or that he is a Mason, or an Odd Fellow or a Prohibitionist, is so ridiculous that but to state it or to see it calls for resentment among intelligent people. But what can a candidate say? Can he say that he is a great lawyer, better qualified to fill the position than any one else running, or tell of the great legal battles in which he has been victorious, or of decisions that are wrong and which he proposes to correct? What does the average man know about the fitness of a candidate for judge, when that fitness must be tested by his integrity and legal learning? It is no reflection on the average man's intelligence to say that he knows nothing unless he has had personal experience or observation of the candidate. Lawyers are presumed to be well informed on matters of general interest and to have a fairly good acquaintance among the public men of the state. But would law

years know for whom to vote for a President of the Medical Association or some other office to be filled by doctors, or would they know for whom to vote for Commissioner of Agriculture or Mining Inspector-matters with which they have but little concern or dealings? The fact is that the people at large do not want to vote for judges, and I venture the assertion that seventy-five per cent of the voters of Alabama would favor the abolition of the primary in so far as the nomination of judges therein is concerned."

Some

At the close of Mr. Mulkey's address, a motion was made that the associations go on record as opposing the primary system of nominating judges. This provoked a storm. spoke for and others against the motion which finally prevailed. The margin in favor of the motion, however, was not so large as was desired, it being the purpose of the leaders of the Association to present to the next legislature the matter of repealing the primary law so far as it applies to judges.

Other papers were read at the meeting as follows: "Recent Legislation," by Mr. Sam Will John; "Constitutional Government in America," by Hon. William H. Samford; "Forcible Entry and Unlawful Detainer," by Mr. Travis Williams; "Three Lawyers of the Black Belt," by Hon. Edw. de Graffenried.

The officers elected for the following year were as follows: Mr. J. Kelly Dixon, of Talladega, Ala., president, and Mr. Alexander Troy, Montgomery, Ala., Secretary and Treasurer.

This is the 44th time Mr. Troy has been elected secretary of the Alabama Bar Association and so far as we know, comes pretty near to establishing a record. The Association complimented Mr. Troy by raising his salary from $500 to $600 and voting him $150.00 to pay his expenses as the regular delegate of the Association to the meeting of the American Bar Association at St. Louis, August 25-27. The vote came as a pleasant surprise to Mr. Troy and was given in support of a motion by Mr. Laurence Cooper.

Addresses will also be given by Mr. W. M. Hendren of Winston-Salem, Mr. L. R. Varser of Lumberton, Hon. O. H. Allen of Kinston, and Dean Roscoe Pound of the Harvard Law School. The annual address will be given by Hon. Hampton L. Carson, President of the American Bar Association.

PROGRAM OF THE MEETING OF THE NEW HAMPSHIRE BAR ASSOCIATION.

The annual meeting of the New Hampshire Bar Association will be held at the Hotel Wentworth, Newcastle, N. H., June 26, 1920.

The President's address will be made by Mr. Leslie P. Snow of Rochester. The Secretary, Mr. Jonathan Piper, writes that Mr. Snow has given much time and thought to the welfare of the Association this year, and intends to make some recommendations for a more definite and instructive program for the future with the view of making the Association a real force in the improvement of the law.

The program also includes a brief address by some representative of the American Bar Association, and Mr. Robert M. Wright of Franklin, will give a review of the legislation of 1919 and its tendencies.

There will be a report from a special committee which was appointed to investigate the advisability of adopting a uniform fee bill for the state; the matter has aroused considerable interest in this Association.

The annual address will be made by Hon. George W. Wickersham, former Attorney General of the United States.

BOOKS RECEIVED.

A Treatise on the Law of Landlord and Tenant, including leases, their execution, surrender and renewal, the parties thereto, and their reciprocal rights and obligations, the various kinds of tenancy, the use and possession of the premises, the character of rent and the remedies for its recovery, the tenant's right to fixtures, etc. By H. C. Underhill of the New York bar; author of a "Treatise on the Law of Evidence," etc. In two volumes. Price, $15.00. Chicago. T. H. Flood & Co. 1909. Review will follow.

HUMOR OF THE LAW.

Senator Robert L. Owen of Oklahoma is authority for the statement that the most absentminded American lives in that state.

The conductor of a local train, the senator relates, was collecting tickets one day when he came to a college professor whom he knew to be very absent-minded. The passenger searched each of his pockets repeatedly, but found no ticket.

"That's all right," the railroad man reassured him. "I will get it some other time."

"It isn't all right," returned the professor. "I must find that ticket now. I want to know where I am going."

It was dark and cold and the gaunt and leafless trees were swayed by fitful gusts of wind that spoke of coming rain.

Plodding Pete and Weary Willie quickened their pace in order to reach a place of shelter ere the storm should overtake them. This sudden burst of energy seemed to excite conversation.

"Wot's up with yer, Pete?" inquired Willie. "Yer look as if yer goin' tér cry."

"I dunno," was Pete's reply. "I don't feel the Joy o' livin' like I used to. I've been thinkin' o my wasted life, an' I've got a sorter uneasy, homesick feelin'."

"Homesick!" broke in Willie. "Why, bless me, I believe that's wot both of us are sufferin' from. We ain't neither of us bin inside a jail for close in three months now, 'ave we?"

Senator and Mrs. Cummins, of Iowa, went one evening to dine in a Washington restaurant where colored waiters were employed. Mrs. Cummins, after she had taken up the menu, found that she had left her glasses at home, and therefore was unable to read. She handed the senator the card, and asked him to order the dinner, but he found that he also had forgotten his glasses.

Then he handed the card to the waiter, with the request:

"Will you please read the menu to me?" The waiter bowed in a courtly manner, and answered, in a low tone:

"Deed, suh, I'd like to 'blige you, but I ain't got no educashun, either."-Popular Magazine.

"No more horse thieves in Crimson Gulch?" "No more," answered Cactus Joe. "We have progressed with the times. We have all kinds of motor car thieves."-Washington Star.

3. Bankruptcy-Bailee. Bailor, reclaiming property from trustee, required to repay amounts paid by bailee.-Goldman v. Shreve, U. S. C. C. A. 263 Fed. 74.

4.- Concealment. Bankrupt charged with intent to conceal financial condition in failing to keep books, but presumption rebuttable.Thompson v. Lamb, U. S. C. C. A. 263 Fed. 61.

5. Exemptions.-State laws regarding exemptions will be followed.-Libby v. Beverly, U. S. C. C. A. 263 Fed. 63.

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8.Value of Assets. Representations value of assets by receiver not binding on bankrupt or estate. Grounds for vacation of composition. In re Kass U. S. D. C. 263 Fed. 138.

9. Banks and Banking-Certification.-Writing good on check by cashier is certification.Priddy v. Green, Tex., 220 S. W. 243.

10. Ordinary Care.-Directors not examining books and securities to determine bank's condition do not exercise ordinary care.-Boyd v. Applewhite, Miss., 84 So. 16.

11. Bills and Notes-Contribution.-The measure of liability for contribution among joint accommodation indorsers of a draft is a ratable apportionment among the solvent indorsers.Owens v. Greenlee, Col., 188 Pac. 721.

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15. Carriers of Goods Bill of Lading. Transferee of "an order notify" bill of lading, by paying the draft attached, and obtaining possession of the bill of lading, and thus acquiring the legal title to the goods mentioned therein, may sue the carrier for any shortage in shipment occasioned after such transfer of title and before delivery to him, where such shortage is traced to the carrier.-Southern Ry. Co. v. Hunt, Ga., 102 S. E. 757.

16. Switching Services.-Railroads are entitled to rates for switching services rendered in terminal yards such that maintenance, interest, taxes, and a reasonable net revenue will be yelded by the terminal.-Atchison, T. & S. F. Ry. Co. v. Public Utilities Commission, Col., 188 Pac. 747.

17. Carriers of Passengers-Gratuitous Passenger.-A carrier owes the same duty to a gratuitous passenger riding on a pass as to others. Hansen v. Oregon Short Line R. Co., Utah, 188 Pac. 852.

18. Commerce Employe. Work in which employe is injured must be directly in furtherance of interstate traffic to be within federal act. interstate commerce.-Manes V. St. Louis act; San Francisco Ry. Co., Mo., 220 S. W. 14.

19. Navigable Stream.-Bridge over navigable stream to carry interstate railroad is instrument of "interstate commerce."-People v. Hudson River Connecting R. Corporation, N. Y., 126 N. E. 801.

20. Conspiracy-Overt Acts.-Unnecessary to allege how overt acts would affect object of conspiracy.-Howenstine v. U. S., U. S. C. C. A., 263 Fed. 11.

21. Unlawful Acts.

Unlawful conspiracy may be condemned because of acts not in themselves unlawful.-U. S. American Column & Lumber Co., U. S. D. C., 263 Fed. 147.

22. Contracts-Indefiniteness.-A contract to supervise the construction of a college for onehalf of the net profits or net proceeds, unless the net proceeds should be less than $6,000, in which event he would be entitled to one-third of such net profits or net proceeds, was not so indefinite and ambiguous as to be unenforceable. -Olson v. Harvey, Col., 188 Pac. 751.

23.- Motive.-Promisor's motive not consideration.-Hunter v. Gulf Production Co., Tex., 220 S. W. 163.

24. Third Person.-A third person may sue on a promise made for his benefit only where he is either a party to the consideration, or the promise created in him a legal or equitable interest entitling him to compel performance, and a contract permitting an individual and railroad to use land for a switch to the individual's warehouse for a consideration paid by him cannot be enforced by the railroad.-Klingler v. Wick, Pa., 109 Atl. 542.

25. Corporations-Charter Powers.-Company carrying on cotton seed oil business not authorized to conduct general trading business in cotton seed.-Bishop Mfg. Co. v. Sealy Oil Mill & Mfg. Co., Tex., 220 S. W. 203.

26.

-Holding out Agent.-Company holding out vice president as mill manager cannot deny authority to contract.-E. I. Du Pont de Nemours & Co. v. Capital City Oil Co., La., 84 So. 31.

27. -Promoters.-Not liable on contracts of organizers for its benefit.-Hart-Toole Furniture Co. v. Shahan, Tex., 220 S. W. 181.

28. Promoters.-Contract for compensation for procuring stock subscribers not invalid. -Thannish v. Brewton Transfer & Auto Co., Tex., 220 S. W. 300.

29.- -Subscription.-If Code Supp. 1913, §§ 1641b, 1641d, 1641f, prohibiting issuance of stock for less than par value, were applicable to subscription contract fixing a price at less than par value, the contract would be unenforceable as between corporation's assignee and subscriber, both of whom were promoters and particeps criminis, since the court in such case will leave the parties where they left themselves. Tramp v. Marquesen, Iowa, 176 N. W. 977.

33. Confession. Confessions in case of conflict may be admitted under instruction to disregard, if not voluntary.-McCool v. U. S., U. S. C. C. A., 263 Fed. 55.

34. Conspirator.-Admission by one conspirator admissible against others.-Samara v. U. S., U. S. C. C. A., 263 Fed. 12.

35. False Pretenses. In a prosecution for obtaining money by false pretenses by giving worthless checks signed with a fictitious or assumed name, other checks signed by the defendant in the same way and about the same time, given to other persons in similar dealings, were admissible as showing defendant's intent to defraud, as well as a scheme to obtain goods wherever and from whomsoever he could.--Lyman v. State, Md., 109 Atl. 548.

36. -Former Jeopardy.-Former jeopardy must be specially pleaded and cannot be raised by motion to direct the jury, impaneled under Rev. St. 1908, § 1624, to determine the degree of guilt after plea of guilty of murder, to return a verdict of not guilty.-Bosko v. People, Col. 188 Pac. 743.

37. Damages-Speculative. For breach of agreement to invest in land without designation of particular tract too speculative.-Harris' Adm'r v. Harris, Ky., 220 S. W. 65.

38. Deeds-Delivery.-The word "delivered" is used both in a popular and in a technical sense. and, when a deed had been delivered to the grantee, who at the grantor's request deposited it in a bank and signed a memorandum stating that it was to be delivered to her on the grantor's death, the word was evidently used as meaning that she would call for the deed and the bank would let her have it.Ong v. Cole, Cal., 188 Pac. 812.

held

39. Negative Easements. Restrictions creating negative easement not without effect as implied by law.-O'Keefe v. Sheehan, Mass., 126 N. E. 822.

40. -Quitclaim.-Quitclaim held only a release of claim that sale under trust deed was invalid.-Benton v. Jones, Tex., 220 S. W. 193.

41. Descent and Distribution-Contract Uncertain. Where the terms of a contract purporting to distribute property after the death of the owner were so uncertain as to be wholly ineffective, the property covered thereby falls into the estate of decedent, and is distributed under the intestacy laws, equally among the children.-Thomas v. Williams, Iowa, 176 N. W.

968.

42. Divorce Separation. Separation from bed and board; where separation has lasted seven years, spouse deserting may obtain diverce.-Goudeau v. Goudeau, La., 84 So. 39.

43. Equity-Jurisdiction.-Though equity ordinarily will not entertain a suit where redress may be had at law, equitable jurisdiction does not depend upon entire want of a common-law remedy, but may be sustained on the ground that it is the most convenient and efficient method to administer adequate relief.-Barnes Laundry Co. . City of Pittsburgh, Pa., 109

Atl. 535.

44. Evidence-Books of Account.-The fact that entries in the book of account of a deceased were made by third persons did not render the book inadmissible in evidence, where such persons wrote in the presence of the deceased and pursuant to his orders, acting as mere amanuenses, to relieve him of the distasteful labor of writing.-Dameron v. Harris, Mo., 219 S. W. 954.

45. Fraud-Burden of Proof.-To recover for deceit plaintiff must show falsity of the representation made, defendant's knowledge of its falsity or his reckless indifference to its truth or falsity, intention to defraud by the representation, plaintiff's reliance and right to rely on the representation, that he would not have done the thing from which injury resulted the that he except for representation, and suffered damage directly resulting from the representation.-Gittings v. Von Dorn, Md., 109

Atl. 553.

46 Frauds, Statute of Oral Agreement. Oral agreement between husband and wife made in good faith, whereby proceeds of the sale of their homestead property are to be transferred to the wife, will not be held invalid, where the agreement has been fully executed by the making of such transfer.-Higgins v. Jennings, Cal., 188 Pac. 847.

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47. Fraudulent Conveyances Badge of Fraud-Sale of marketable commodity for inadequate price is badge of fraud.-Smith V. Arkadelphia Milling Co., Ark., 220 S. W. 49.

48. Gifts-Executed Gift.-In action by administrator of one who in her lifetime had deposited her money in defendant bank to the account of herself and sister, with the provision that either might withdraw it, and that upon the death of one it should belong to the survivor, evidence held to sustain a finding of an executed gift inter vivos, so that on death of intestate the deposit belonged to her sister and could not be recovered.-McLeod v. Hennepin County Sav. Bank, Minn., 176 N. W. 987.

49. Homicide Dying Declaration. Declarations concerning the facts surrounding the alleged homicide, made by the party injured under a sense of impending death, are admissible as dying declarations.-Williams v. State, Okla., 188 Pac. 890.

50. Husband and Wife Community Property. Prior to 1917 rents from separate property became community, and not separate, property. Winters v. Duncan, Tex., 220 S. W. 219.

52.

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-Slander. Injunction against slander cannot issue.-Ex parte Tucker, Tex., 220 S. W. 75.

53. Innkeepers-Guest.-Though the wife of a guest at a hotel, who rented a room by the month during his temporary stay in the city, did not register and paid no consideration, she is nevertheless a guest in the hotel, and entitled to protection as such, and the hotel is liable for loss of her baggage delivered to the hotel porter.-Fisher v. Bonnehill Hotel Co., Utah, 188 Pac. 856.

54. Insurance Accident. Injury held accldentai where insured, while riding a motorcycle, ran through a swarm of flies or insects, and one of them struck his eye with such force as to give him immediate and continued annoyance and distress and finally resulted in blindness.Tracey v. Standard Acc. Ins. Co., Me., 109 Atl. 490.

56.

Estoppel.-Insurer, with knowledge of facts, estopped to rely on false representations.-Sovereign Camp, Woodmen of the World V. Nash, Tex., 220 S. W. 235.

57. Intoxicating Liquors-Forfeiture of Conveyance. Automobile used for illegal transportation of intoxicating liquor will be forfeited to the state, notwithstanding that it is subject to a recorded lien for money loaned; the lien being subordinate to the commonwealth's right to have automobile forfeited. - Pennington v. Commonwealth, Va., 102 S. E. 760.

58. Judgment-Repeal of Statute.-Lien not affected by repeal of statute.-U. S. v. Kendall, U. S. D. C., 263 Fed. 126.

59. Limitation of Actions-Acknowledgment. -Letters written by a debtor to the attorney for a creditor, if sufficient to constitute an acknowledgment of a then existing debt, are effective to toll the statute of limitations within Rev. Laws 1910, § 4663.-Olatmanns v. Glenn, Okla., 188 Pac. 886.

60. Curtesy.-Statute does not run against heirs of wife, where surviving husband has estate by curtesy.-Nickerson v. Nickerson, Mass., 126 N. E. 834.

61. Malicious Prosecution-Former Acquittal. -Discharge or acquittal not prima facie proof of want of probable cause.-McNeal v. Millar, Ark., 220 S. W., 62.