A TREATISE ON THE MODERN REAL PROPERTY. BY FRANK S. RICE, Counsellor-at-Law, Author of "Civil and Criminal Evidence," and "American Probate Law." This work is designed to meet the demands of the legal profession in the United States for a reliable exposition of the modern law of Real Property. The plan adopted is that of an orderly treatise in wh ch the legal principles involved with the topic are clearly and succinctly stated and discussed, and well supported by a formidable array of the recent authorities. Nearly six thousand apt and illustrative cases, mostly from the appellate courts of this country have been critically examined and listed, while every branch of the substantive law, tributary to the subject, and fairly within the scope of such an undertaking, has been accorded exhaustive and intelligent treatment. It is grounded upon our State and Federal decisions, and is hence preeminently and distinctly American. It is neither argumentative nor metaphysical, but rather a sedulous attempt to ste the tenor and trend of the present law as announced by our own courts of last resort. The work naturally and logically displays itself through twenty-five chapters, which are subdivided into nearly six hundred sections, each indicated by "catch lines" as best facilitating reference. Its special and dominating featnre is the scholarly and discriminating treatment of doubtful and coutroverted points, the full annotation of those subjects that have been the theme of conflicting decision, and consequent uncertainty. In this, we affirm, lies the true office of a text book, as the settled law, that is beyond cavil or controversy, is capable of concise and sententious statement and needs but little elaboration. Every averment of the text is fully sustained by the authorities cited, and no proposition is given the least indulgence that is not clearly warranted by a judicial decision. Throughout the entire undertaking the effort is, to state the law as it exists to-day with a sufficient discussion of the fundamental principles to insure entire accuracy and logica cohesion. Not ancient history, but the living modern law. Not the author's theories, but the deliberate opinions of our own courts. Not a droning statement of what the law was, but a crisp Expression of what the law is. Not an exhibition of skill in padding-“a rivulet of text through a meadow of margin --but nine hundred and sixty solid octavo pages of text, with innumerable fine type foot notes and references and an elaborate index of over fifty pages. Compact, Accurate, Modern, by a Lawyer for Lawyers. The work appears in a handsome octavo volume of eleven hundred pages, with the citations in the form of foot notes. PRICE, $6.50 NET, OR $6.85 DELIVERED. THE DIOSSY LAW BOOK COMPANY, 231 BROADWAY, NEW YORK. THE OHIO DECISIONS SERIES, COVERING EVERY BRANCH OF OHIO CASE LAW. SUPREME COURT. One volume a year advance sheets of decisions announced by the Supreme Court. FEDERAL COURTS. One volume a year of cases decided in Federa Courts held in Ohio, covering Ohio cases. CIRCUIT COURTS. One volume a year containing all reported cases decided by the Circuit Courts of Ohio. LOWER COURTS. One volume a year made up of select cases decided in the Superior, Common Pleas and Probate Courts. This ser es began in 1894, but will be filled oon by reprints of earlier cases, with additions of many unpublished ones. THE PROMINENT FEATURES OF THIS SERIES ARE: Large Volumes. No reports ever published in Ohio have had half the amount of matter, or the completeness and correctness. Advance Sheets. The cases decided each week are put in type by us as fast as received, and advance sheets of the matter for the different volumes printed, and sent out weekly as a aupplement to theOHIO LEGAL NEWS, free to all its subscribers. Permanent Round Volumes take the place of returning the weekly parts for binding, as the advance sheets are upon poor paper, not for binding, and may be destroyed when the bound volumes are received. In this way, instead of having the weekly parts loose about the office, some of which become lost, and the whole inaccessible, you get indexed volumes for quick reference, as soon as complete. SUBSCRIPTION PRICE. Volumes bound in full sheep, delivered to subscribers, $2.50 per volume. With volumes one, two and three, the Ohio Digest for 1895 without charge. Free from Errors. These volumes will be free from the mistakes. erattas and pages reprinted to correct errors, appearing in every volume of the Law Bulletin reports. The Cheapest, Fullest and Best Ohio Reports, and as official as possible, as every decision is read and approved by the rendering court before final publication. THE LANING PRINTING CO., Publishers, Ohio Legal News. A Weekly Legal Paper Published by THE LANING PRINTING CO., NORWALK, OHIO. EDITED BY Judge Summers, of the second circuit, handed down a decision last week in the famous case of the treasurer of Clark county against the Springfield Savings bank, affirming the common pleas decision rendered by Judge Miller, in which J. F. LANING. he absolved the bank from paying taxes on deposits. The supreme court divided equally on the case and referred it back ISSUED EVERY FRIDAY AFTERNOON. Subscriptions and business communications should to the circuit court. We shall publish be sent to the publishers. SUBSCRIPTION PRICE. $2.00 PER YEAR, IN ADVANCE. the decision in full at an early date. Bound copies of Vol. 1. Vol. 2 and Vol. 3 of the Chio Decisions can be had at $2.50 per volume, if bound in full sheep, or $2.25 per volume in half sheep. Bound volumes of Vol. 1, OHIO LEGAL. NEWS (Toledo Legal News) will be furnished at $2.00 per volume. Bound copies of Vols. 1, 2 or 3 of Ohio Decisions, or of the LEGAL NEWS will be sent in exchange for the advance sheets, at $1.00 per volume in full sheep or 75 cents in half sheep. Entered at the Postoffice, Norwalk, Ohio, as second class matte.. THE FOREMOST OHIO LAW PAPER. The growth of this paper during 1896 has been so marked that we confidently assert that it now has a greater circulation than any other Ohio law paper. It also contains so much more legal matter that we are justified in claiming it to be the leading paper in its class. On Monday of this week the supreme court of the United States decided the portion of the South Carolina dispensary law which provides for the inspection of liquors imported into the state to be in contravention of the constitution of the United States. The law was overthrown on the theory that it discriminates against the citizens of other states in favor of those of South Carolina, and is therefore in contravention of the constitutional rights granted to the citizens of the various states to free intercourse and commerce with those of other states. Justice Brown delivered a dissenting opinion. NEW OHIO DECISIONS. were Vol. of Ohio Decisions, Lower Courts, and Vol. 5, Circuit Courts, are nów bound, ready to be sent out. They are the finest volumes of Ohio law reports ever issued. They each contain fully twice as many cases as are found in any volume-the volumes of Circuit and Nisi Prius reports, embraced within the same period. They are a continuation of vol's 1, 2 and 3, Ohio Decisions, but in former volumes the common pleas, superior and circuit court cases mingled in the same volume, while in these the circuit court opinions are in a volume by themselves. The next volume to be issued will be six and seven. Vol. 6, will be, decisions of the lower courts, and vol. 7, . .the circuit courts. In this way we have but one series of reports, and the citation is very simple. The new volumes are being sent to subscribers, and we shall be pleased to receive orders from others who wish to keep up a complete library of Ohio cases. YAHN HAS YAWNED AGAIN. As an com such corrections as upon due consideration, are found desirable. Many of these corrections are slight, but often those of extreme importance are made. We have in mind the dropping of the word "Not," in one instance, severing the meaning of a paragraph, and in another, replacing a syliabus, so that the is not to be found in the completed volone on appearing upon the advance sheets ume. A short time ago the Law Bulletin announced that its proprietor had menced proceedings against us for in fringement of its copyright on circuit court cases. He claimed that we had used syllabi of cases prepared by him. illustration of the reckless ness with which he made his charges against us, we refer to one case, that of Kittredge v. Miller & Tafel. This case was published in the Cincinnati daily Court Index, Aug. 3, 1896. We copied it with the syllabus, and published it. The Bulletin copied it also and pub-braries of our judges that are supposed lished it Aug. 10. In his petition Jahn in many places. It will be found much averred that he made the syllabus, and that we copied it from the Bulletin, the safer way to pay $1.50 for an authenwhen in fact the syllabus was prepared thereabouts, to get the often incorrect tic volume, than to pay one dollar or by the publishers of the Index. sheets bound up. We knew also that he had been as careless in getting out his copyrights as he has been in his general business habits, and he had gained no valid franchise. What he did, fell so short of fulfilling the requirements of law that when he set it forth in his petition, it was clearly open to a demurrer. We demurred. The plaintiff then became painfully aware that he had no case, and he marched into court, withdrew his actions, and settled the costs. We do not suppose that our readers have any interest in this controversy, and we mention it only that those who buy our books may know that they run no risk in doing so. A DANGEROUS PRACTICE. The only way that correct reports can be secured is by obtaining the bound It is quite likely that there are many of these volumes now in the li volume. to be authentic, but which are erroneous EMPLOYER'S LIABILITY. Minnesota The supreme court of held, in the recent case of Carlson v. Northwestern Telephone Exchange ComNorthwestern Telephone Exchange Company, that the decisive tests as to whether, in any given case, an employee is, to be regarded as a vice-principal or a fellow-servant is not his title or his rank, but the nature of the service which he performs; that if he is authorized to perform duties which are the absolute duties of the master, he is to the extent of a disci:arge of those duties a vice-principal, and that whenever the nature and magnitude of the master's vork, whether it be that of construction or otherwise, are such that it is necessary that orders be given regulating the conduct of his emWe have learned that it is the prac-ployees and directing them where to tice of the judges of the courts who re- work, it is not only right but the absoceive the advance sheets of the supreme lute duty of the master to give such court reports, to preserve them, and orders, and in obeying such orders the have them bound. This is probably employees have a right to assume that the done iunccently but is a dangerous practice. Judges, of all persons, should have authentic copies of the reports, and these they do not get when they use the advance sheets. The advance sheets are sent out for temporary use and the supreme judges always take advantage of the opportunity that comes, between the receipt of the advance sheets and the publication of the volume, to make master, in giving the orders, has exercised. due care for their safety. In the case before the court it appeared that the defendant in excavating a ditch placed the work and the men employed thereon, of whom the plaintiff was one, in charge of a foreman, who had general oversight of the work. The men were subject to his orders; he had authority to employ and discharge them and direct them what to do and where to work, and was the su-hands of nearly every person who has preme authority there present. The attained a certain age. To become eligforeman negligently ordered the plaintiff ible to this right, no account is taken of from the place where he had been working into the ditch at a point where he had not previously worked, which was a place of unusual danger by reason of a crack in the earth on the side of the ditch and defects in the curbing, which danger and defects were not obvious or known to the plaintiff, who obeyed the order, and was injured by the caving in of the ditch. The court held that in giving the order the foreman was a vice-principal and the defendant liable for his neg ligence.-Bradstreet's. PRICE OF A VOTE. the individual's intelligence or comprehension of the nature and importance of the act which he is to perform. The right to vote should be strictly qualified and the fundamental qualification should be intelligence, and those who do not possess it should not in any event or under any circumstance be permitted to exercise the franchise of voting. The character of every successful candidate for an official position, depends not upon the number of votes he receives, but upon the character of the voters. Therefore no man, be he of native cr foreign birth, should be permitted to vote unless he can speak, read and write the English The supreme court of Missouri, in a language and possess a general knowledge decision recently rendered, declared in-of the primary principles of our form of valid that section of the charter of Kansas City providing that each qualified voter who failed to vote at a regular If government and manifest an appreciation of the duties of citizenship. legislation to this end was enacted and enforced, the exercise of the right of suffrage would not be neglected by those vested with it, and as a natural result the character of the various officials elected to fill our offices of honor and trust would be greatly elevated. A CASE OF interest. After a prolonged season of litigation, covering a period of five years, the high election should be taxed the exorbitant sum of $2.50. The court in passing upon the invalidity of this clause said that "the money value of a vote to the public cannot be calculated, and that such a pecuniary association debases the franchise. Can it be that our political conditions would be bettered by having such a penalty attached to each voter, handed down a decision of great interest. The supreme court of Iowa has just who failed to exercise punctually his and which is undoubtedly creating a right of franchise? Does it not seem great sensation in all parts of that state, far more necessary and reasonable that and especially among the fairer sex. we should qualify, the right of franchise rather than to compel its exercise, a failure of which would be punished by a fine in the nature of a penalty? The right of franchise is an inalienable and a sacred right, and therefore its exercise should be wholly free from any compulsion or restraint, and left to the inclination and judgment of the elector. But the right of suffrage has been degraded and lowered by the free and un-character as to permanently disable her. limited license which has extended city undertook to show that the plaintiff And during the course of the trial the throughout our country, in which this was not permanently or seriously insacred right has been placed in the jured, and maintained that such fact est tribunal in Iowa has decided that it is in within the jurisdiction of a court to insist upon the exhibition of a woman's feet and legs on the witness stand. The case was that of a young lady who, in crossing a street, fell into an excavation of which she had no knowledge, and sustained severe injuries about the foot and ankle, and in her petition she alleged that her injury was of such a |