« AnteriorContinuar »
defendants to their sleigh in the roadway. To so hold , dence, and we may now mention another typical case. the facts and circumstances must not only be undis- | A friend of ours, who some years ago bad a portrait puted, but unambiguous, and of such a nature that all studio in the city, formed a speaking acquaintancereasonable meu, unaffected by bias or prejudice, would ship with a solicitor, as the result of meeting him agree that a reasonable necessity existed for the use almost daily at a dining-room. One day the solicitor of the skid and toe-board. We are unable to reach greeted the photographer by expressing high disgust any such conclusion. Ou the contrary, we must hold toward photography and photographers; “for,” said that the inferences and conclusions to be drawn from he, “one of you fellows will make me lose an ancientthe facts and circumstances alleged are such as to lights case to-morrow." “ Moro fool you," answered reasonably justify a difference of opinion, among fair- the photographer; "you should get some photographs minded and unprejudiced men, as to the existence of takeu ou your side also." In a close conversation of such necessity. Upou the same principles, we must some fifteen minutes, which followed, the solicitor hold as this court has frequently held, that the fact learned what he did not know before; he learned tbat that the plaintiff attempted to cross the skid and toe- the photograph may be made to speak for this or for board, under the facts and circumstances alleged, does that, according as the finger of mammon does point. pot raise a presumption of contributory negligence on An inspection was made, and it was found tbat a phobis part. See Weblin v. Ballard, 17 Q. B. Div. 122. tograph so untruth-telling as to be altogether satisfacThat estion, like the other, is properly for the jury. | tory to the plaintiff could only be taken under the folWis. Sup. C't., Oct. 12, 1886. Jochem v. Robinson. lowing conditions: The lens must include an excepOpinion by Cassoday, J.
tionably wide angle; the view must be taken from the REMOVAL OF CAUSE-FILING OF PETITION-JURIS- roof of a certain building in the neighborhood, and DICTION.–Upon the filing of a petition in a State court late in the afternoon. Much work bad to be done. presenting a sufficient case for removal to the United The lens had to be borrowed from a celebrated opticStates court, the rightful jurisdiction of the State ian, who had only just succeeded in constructing his court comes to an end; and it cannot permit an issue first extra wide-angle lens. Difficulties as to access to upon the allegations of the petition to be raised, and the desired standpoint had to be overcome, but all the upon its determination order or refuse the removal of obstacles were surmounted, and to the delight of the the case, as it may find the facts upon which the ju- | lawyer, a photograph was produced which showed the risdiction of the United States court is based. Iowa new wall as being close to the plaintiff's premises, and Sup. Ct., Oct. 25, 1886. Van Horn 5. Litchfield. magnified into disproportion, while the long, black Opinion by Beck, J.
evening shadow trailed across the diminished building of the plaintiff, rendering his windows almost invisible
for the very blackness. Here was a striking contrast TAE PHOTOGRAPH AS A FALSE WITNESS.
to the defendant's photograph, which showed the plaintiff's building large, and illuminated by the mid
holds an almost universally high reputation for the recently erected wall, to be seen as truthfulness, but also telling the truth in the main, tant. To revert to the case which was heard last week, still intruduces one such small and concealed element Justice North, when he said that she had seen some of falsehood as serves to turn the whole of his story on very clear photographs which convinced him that the the side of unrightness; and this is the false witness inscription was put up in such a way that passers-by whom lawyers fear with most reason, his detection would not be deceived," may have been fully aware of and exposure being in ordinary cases utterly beyond all the circumstances we referred to. He may have the strength of a cross-examiner who is able easily to known that a signboard may be painted with two toconfute the clumsy and inexpert perjurer who in- tally different inscriptions, one of these inscriptis vents the whole of his story. In recognition of the being latent to the eye, and patent to the ordinary specially objectionable character of the witness who sensitive plate; while the other inscription is patent lies with truth, there is current among patent lawyers to the eye, but latent to the sensitive plate. He may a rather expressive mode of comparing the noun liar, bare studied the recent developments of ortho-chrothe comparison running thus: Positive, Liar; Com- matic photography, and he may, perhaps, look forparative, Thundering Liar; Superlative, Scientific Wit- ward to the time when it may be possible to represent ness. But the genius who formulated this invented on the sensitive plate all objects in their correct relafor the occasion a fourth degree of comparison-a de- tive intensities. He may have known how photogree pot recognized by the followers of Lindley Mur-graphy has sometimes done good service in rendering ray-the Kata-Superlative, and as Kata-Superlative to obvious things invisible to the eye; how stars invisible the noun liar, he places the name of one of our best to the eye can be seen by the recording eye of the known scientific witnesses, one who has won honors camera; how erased writing has been brought to light, and position by the judicious exercise of his function and how the markings of eruptive disease have been of professional witness; but out of respect to the law seen by the camera before the eye could detect them. of libel we must complete the inflection of liar by a Knowing all this, he may have satisfied hiuself that blauk thus: Kuta-Superlative, Now, consid- tbe photographs were truthful ones. There is howering the very vast amount of truth told by the ever a possibility that he did not know much about camera, and the general notion that a photograph the possibilities of the case, and that he took it for must be, without question, an almost ideal of truth- granted that photographs cannot lie. If so, he has fulness; together with that firmly impressed idea that created a dangerous precedent. Photographs ought a photographic portrait must be a good likeness, it to be seldom received except in conjunction with the really becomes a question whether photography should personal evidence of the photographer who took ihem, not hold the fourth place in the grammatical intensi- and when there is satisfactory independent evidence tives of the noun liar; whether
ought not to be
that the photographs are truth-speaking witnesses. hoisted down from his proud eminence, and the “ Can the sun lie?” is often asked; but asked much in camera be allowed to reign there in his place. In com- the same spirit as that in which he who told so much menting last week on a decision given by Justice unpleasant truth to the people of Israel asked, North, and which decision seems to have been very the leopard change his spots ?” A question which is much influenced by a photograph, we alluded to one supposed to carry its owu answer. Perhaps we may way in which photography may give directly falso evi- say that though the sun does not lie, the liar may use
the sun as a tool, and in doing so, he, tbe perverter of the Baker and in the O'Dea case disregards the constithe truth, may quote such old questions as Quis dicere tutional provision that full faith and credit shall be falsum solem andeat ? assuming that the answer is so given to the judicial decisions of other States; though obvious as to be altogether superfluous. Let all then in the former case it was claimed that the Ohio court beware of the liar who lies in the name of truth.-Pho- did not obtain jurisdiction of the person of the de tographic News.
fendant, 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 dis. the 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 tious.” 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, aud 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 ad. it precedes our proposed State Constitutional Conven- mirably-written essays bave already been received, tion.
and from the number of competitors entered in the David Dudley Field has accepted an invitation to ad- records of the association, there are many more to dress the association on the “Needs of Legislation." come. It is hardly necessary to say that so important and The general committee of arrangements, which asso appropriate and timely a subject, discussed by a sembled in the rooms of the association at the Capitol speaker so learned, will elicit general interest.
on the 26th of November agreed upon an excel. Mathew Hale, on the invitation of the committee,
lent order of exercises for the annual meeting on the will read a paper on the need of “Legal Reform, and 18th and 19th of January next, which includes a banwhat reforms are most needed." Mr. Hale's address quet. A general programme will appear in the Law will add largely to the learning of the association, and JOURNAL of December 11. the profession generally. As he has given the subject of Legal Reform much thought, it will abound in very many useful and practicable suggestions.
APPEALS ON DEMURRERS. some member hereafter to be announced. Admission Editor of the Albany Law Journal : to the bar and delays in criminal trials will be among Your subscriber, “Doubt," asks in the Norember the subjects for discussion before the association. 20th number, "whether an appeal will lie to the Gen
The conflict of the laws of divorce is receiving con- eral Term from an order sustaining or overruling a siderable attention from the members of the associa- demurrer to a complaint, where leave is given to tion, some of whom propose to settle the matter by amend?” And claims that as far as he is aware the adjudication in the United States Supreme Court, decisions seriously conflict. The First Department case under the suggestion of Mr. Justice Folger, in which he cites, 32 Hun, 194, does not bold that the People v. Baker, 76 N. Y. 88, and in the prevailing remedy is by appeal from the "final" judgment, but opiuion, in O'Dea v. O'Dea, 101 N. Y. 24. The latter that it is by appeal from the judgment entered case is believed a proper one for adjudication in the thereon. In the Third Department case, 31 Hun, 532, Federal court. It was decided upon the doctrine es- Mr. Justice Potter says in his opinion: "Section tablished in the case of People v. Baker. In the opin- | 1349 would seem to authorize an appeal from an interion in the O'Dea case, the court say: "In the Baker locutory order, overruling or sustaining a demurrer, case there was a dissent by the late learned chief when leave to amend given," but the appeal in that judge, and the opinion recognized the fact that in case was from the interlocutory judgment entered on other States, judgments contrary to the authorities the order, as well from the order, so that whether the followed in this State, had been rendered. This con- order alone, as such, was appealable, did not squarely flict of opinion, however much to be regretted, con- arise. tinues, and it yet remains for some ultimate author- “Doubt's" question, it is plain from the Code and ity to relieve the point from the difficulties now at- cases, must be auswered in the negative, for the result tending it, and determine the civil rights of parties of a trial of the issue of law raised by a demurrer whose relations, as legally defined by different State must be a judgment, interlocutory or final (Code, tribunals, are liable to be regarded on one side of the $ 1021). The order is simply the formal decision of the State line as matrimonial, and on the other side as court on which the clerk will enter the appropriate meretricious."
judgment, and may be said to be analagous to the In the Baker case Mr. Justice Folger said: “It will clerk's “Extracts from the minutes" at Trial Term, prove awkward, and worse than that-afflictive and de- which is used in the same way for the entry of judg moralizing-for a man to be a husband in name and un- ment. Directly in point on this is the case of Benja der disabilities or ties in one jurisdiction, and single min v. Allen, 7 Civ. Proc. 202, where the General Term and marriageable in another. *
* * In seeking for a
held that the county clerk was not authorized to enter rule which shall be of itself, from its own reason, cor- / judgment on an opinion, and that there must be a derect, we ought to find or form one, if may be, that cision. is generally applicable * * * The extent of a want
In conclusion, the General Term of the Fourth Deof harmony in polity and proceeding ought to bring | partment have considered this question of appeals in some legislative remedy. It is not for the courts to
from orders overruling or sustaining demurrers very disregard general and essential principles, so as to fully, and the law is clearly expressed in the opinion give palliation. Indeed it is better, by an adherence of Mr. Justice Smith, Miller v. Sheldon, 15 Hun, 220. to the policy and law of our jurisdiction, to make the He says, that appeal from an order in such a case is clash the more and the earlier known and felt, so that not authorized by the Code, that the remedy is by apthe sooner may there be an authoritative determina peal from the judgment, final or interlocutory; that tion of the conflict.” It is insisted that the ruling in when such judgment gives the defendant time to
disregard the naud Credit Other Staa
film person of : bs pablati: kualis dan
and the ci sitions iais inst here tice Dallas
answer, it is vecessarily interlocutory. This decision A womau recently occupied the witness stand in was followed, in effect, by the Second Department, 22 Belfast, Me., who was a match for the lawyers, says. Hun, 69, holding that time to answer did not begin to the Journal. She was a wituess in the pauper case run until entry of interlocutory judgment and service between Liberty and Palmero, and had been a pauper thereof, the order being of no effect upon such in the latter towu. Ou cross-examination the attortime.
ney asked her if she was a pauper ou the town. "I The former Code did permit an appeal from the was a liability," said the woman. " You were a pauorder, and so there is necessarily friction in the settle- per,” said the attorney. “I want you to understand,' ment of the new practice.
said the woman, firing up, “that poor people are not I am very truly,
paupers, they are liabilities."
The shrewdness, humor and decisiveness of Vice-
his popularity with the profession. His humor was A QUERY.
not only in his tongue and in his manner, but extended Editor of the Albany Law Journal:
to his pen, which sometimes was unable to refrain If you have room enough in some corner, will you
from reproducing on the margin of an affidavit or be kind enough either to answer or to ask the follow
elsewhere the features of a witness which offered proing question?
vocation. If this talent had been less under control, When two executors are authorized and directed by
he might have relieved the Court of Appeal of the will to sell land, and qualify, giving bond, etc., and difficulty under which they labor in deciding quesone of them dies, what powers has the remaining ex
tions of fact upon appeal, namely, that they have not ecutor (1) iu regard to personal property; (2) in re
the advantage of seeing the demeanor of the witgard to real property ? Can the Orphau's Court give nesses.' It was supposed that a long-winded counsel him the power to sell real estate, in case the power
would sometimes hardly escape being placed openfails by the death of the ope; or if the power so fails,
mouthed in the pictorial pillory of the judge's noteare not both executors dead in law, at least quoad the book, if so much may be revealed of the contents of a real estate, so that the Orphan's Court can appoint an
volume of high privilege and even of sanctity. The administrator C. T. A. under a statute authorizing
vice-chancellor's pen was less likely to spare the ad. such an appointment in case botb executors are dead?
vocateif under bis wig he wore a beard, which the If the survivor loses his power over the real estate, is
vice-chancellor thought obstructed the voice. In any he any longer executor, even of the personalty ? Or
case, Vice-Chancellor Bacon did not like long speeches can some of his powers fail, and others be not affected,
at the bar, and did not indulge in long judgments, by the death of his associate?
although perhaps he had the fault of over taciturn Some one of your many readers may answer, if you judges, that his silence sometimes induced his decid. do not find it convenient, if you will kindly give it ing on a ground which would have been shown to be space. .
erroneous if known to have been in his mind.
It is Very respectfully,
to be hoped that his good qualities, and especially the
ATTORNEY. fact that his conscientiousness was never consciously CUMBERLAND, MD., Nov. 15, 1886.
displayed, will not disappear with the last of the vice
chaucellors.--London Law Journal. COURT OF APPEALS DECISIONS.
According to the Law Journal, the retiring Vice
Chancellor Bacon was an "original.” The Journal HE following decisions were handed down Tues- says: “It is no doubt easier to illustrate by examples day, Nov. 30, 1886:
than adequately to analyze the Baconian method. We Judgment affirmed with costs-Anna M. Holcomb,
will take one or two examples out of many which occur executrix, etc., appellant, v. Kneeland J. Munson and to us. We remember an occasion on which a pertinaothers, respondents.-Order of General and Special cious advocate, after having completed a somewhat Terms reversed and application for a mandamus de
dreary review of one part of his case, said: "Then, my nied with costs. Opinion by Ruger, C. J.; concur,
lord, we come to the matter of the accounts, to which I Rapallo, Miller, Earl, Danforth, JJ.; not voting,
desire to direct your lordship's attention. This is not Andrews, J.; absent, Finch, J.-—People ex rel. Super
the place for it; the accounts cannot be taken hereintendent of Poor of Oswegatchie, respondents, v.
they must be discussed in Chambers.' There are only Board of Supervisors of St. Lawrence County, appel
three items which I wish to mention.' "Three more lants. —Motion to advance. Case put down for argu
than it is my duty to consider now; three more than ment on the first day of the next session of the court I propose to cousider.' "There is one item which I and all parties interested can file briefs—In re Appli- am particularly anxious to go into.' •Go into it by cation to compel payment under will of McPherson. all means,' said the judge, ‘but don't ask me to go
-Case put down for argument on the second Mon- | into it. Go into it with my chief clerk: or if you canday of December-People ex rel. Bridgman v. Hall.
not wait till you get an appointment with him--for I -Motion to advance denied with costs-- Ensign v.
don't wish to abridge your lawful enjoyments-go it Baise (two cases). --Motion for reargument denied
alone.' On another occasion a counsel, notorious for with costs—Metropolitan Trust Co. v. Tonawanda Co. long-winded speeches, wandering away from the mat
-Motion for reargument denied with costs-Fischer ter in hand, was thus addressed by the learned v. Laligbein.
-Motion for substitution. Motion for judge: Mr. X., at any other time, or in any other substitution granted with $10 costs of motion to abide place, I should be most happy to the event of the action-Roberts v. Ellwood.
with you on this or on any other subject, but what you are now saying has nothing to do with the case be
fore me, and I must request you to confine yourself to NOTES.
the subject-matter of the case.' And the learned
judge, having completed with elaborate politeness this The London Law Journal criticises a book called address, relieved his mind by adding, sotto voce, ‘jaba “Land in Fetters” on account of its title, saying that bering idiot.'” We can parallel this last by the story one might as well say “Water in Handcuffs." But of a late commissioner of appeals in this State, who certainly we have read about “tying up” lauds. being somewhat deaf, was "coached” by one of his
neighbors on the bench. On one occasion a young president held a short conversation with the accused stranger arose to address the court, and his honor themselves, and having heard a brief explanation of said, in a whisper audible to some of the lawyers in the circumstances, discharged them then and there. the front row, if not to the unfortunate young man,
The same course was adopted with the next two, who “ Who's this cuss?" We do not vouch for this story. were sent on their way rejoicing after receiving a lec
ture from the bench. Then came the pear-stealing Being desirous of seeing how matters are worked in. case. Stealing pears from market stalls would seem Belgian criminal courts, I found an opportunity during to be a favorite amusement among the juvenile Brua recent visit to the ancient city of Bruges. Unfortu- geois at this season of the year. In this iustance the nately none of the superior courts were sitting, but culprit was a gamin ot about eight years old, and he the judges were disposing of what we should call had been caught red-handed. But in consideration of “night charges" in the Court of Police Correctionelle, his youth, and also, I believe, in accordance with a and accordingly I sought admission. It struck me, provision of tbe Belgian law, the judge declined to first of all, that the machinery of justice was consid- punish him, and he too was acquitted. Upon this I erably in excess of the requirements of the case. The ventured to express my surprise to the usher at the matters that came before the bench were all of the number of acquittals in the face of uncontradicted erivery smallest importance, the most grievous offense dence. He admitted that they were rather numerous, that was tried being a theft of pears from a fruit stall but, he added, in a triumphant tone, “ Last week a in the market. To manage this there were three | boy was sentenced to three months' imprisonment for judges, viz., the president of the court and two other the same offense.” I found this to be the case, and judges. All three were in full legal attire, with long much indignation has been caused thereby among the robes, a white band, crimped instead of being ironed out Brugeois, as the lad was only fifteen. They compare fiat like the English bands, and a high black cap in his case with the leniency of Vandermissen's sentence stead of a wig. In addition to these was an official, (which is still on appeal), and say that Belgian justice also in robes, attached to the government, who took is inexplicable. Three other cases were tried, making notes of the cases, and another gentleman who did seven in all, and every one of the prisoners was acnothing at all, except to put an occasional question to quitted. There was no one else in the list, so the the witnesses and to chat with the judges. There was, judges rose, the soldiers presented arms, and the day's beyond these, a olerk whose duty apparently it was to work, which had lasted barely three-quarters of an 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, ad. The Federal justices are men of such presence as to ministered the oaths, and in the intervals he inter-attract attention, even wheu their ideutity is unknown. preted the nature of the charges to me. Lastly, there Justice Bradley lives ou I street, much closer to the were two soldiers of the Civic Guard. Both were capitol than his brothers of the bench, and is less seen armed to the teeth with a rifle and fixed bayonet, and on the avenue than they. He is scarcely of medium they both wore huge bearskins and spurs. They height and is slight of build, but his face is such that seemed to be a kind of mounted infantry. There was one will turu and look as he passes by. He lives in the & small dock in the center of the court, facing the dais row that three leading Democratic senators just be. where the judges sat, but the nature of the charges not fore the war essayed to make the most fashionable being sufficiently heavy, the accused sat on a form just quarter of Washington, and the same row where in front of it. A chair was placed upon the dais insell, Generals Grant and Sherman subsequently revided. exactly in front of the president, for the witnesses, Chief Justice Waite, who lives also ou I street, but a who tbus sat with their backs to th persons against mile and a half west of Justice Bradley, generally whom he gave evidence. There was not a single po- walks alone. Justice Harlan, who went to Rockville liceman in the court. In the cases to be tried there last winter to live, when he comes on the avenue, had been no arrests, and consequently no one was in walks with differeut members of the court. Some. charge of the defendants. The latter, upon a plaint times ve and Justice Gray will come along together. being laid before the commissary of police, had been Judge Harlan is a mau of splendid build, even for å “invited” to attend the court and answer the charge, Kentuckian. He can easily look down on nine out of and they had all accepted the invitation. If tbey had ten men that he passes, but when he walks with Judge respectfully declined they would have been promptly Gray he has to look up, as the latter is really gigantic sent for, but they probably knew better that to give in his proportions. His frame is not however so well the court so inuch trouble. The first couple of crimi- built, and he is not so graceful in his movements, as pals who seated themselves on the form were two men Judge Harlan. Justice Miller, like the chief justice, one elderly, in working clothes, and the other a pri- seems to prefer a solitary promenade. He is one of vate in the artillery, who appeared in uniform. They the best-known figures on the avenue, but he rarely were charged with an assault, and the trouble seems
has company, and his most intimate friends are not to have arisen out of family differences. One after apt to join him unless invited. He is one of the pubanother the witnesses went up to the chair and were lic men here who wear evening dress upon all occaduly sworn. No Testament was used. The witness / sions, and it must be an extremely bitter and inclemhad simply to hold up his or ber right hand, with the
ent day when he supplements it with an overcoat. index finger elevated, and repeat the oath after the Curiosity has been expressed as to the reason for the usher. What its terms were I could not ascertain, but pedestrian proclivities of the Supreme Court justices. it was extremely short, and my impression is that the It is said that they find the exercise absolutely necesfirst words were Bei Gott. Then the interrogation be
sary, for in addition to their judicial labors they bave gan by the president, and the witness who was a mar
to perform more social duties than any other nine men ket dame, wrapped in a voluminous cloak and bonnet, in the United States, it not in the world. No swell and who possessed no small share of the garrulity of dinner in Washington is considered complete without her class, was soon off upon a long history, which was
the presence of one or more members of the Supreme untimely cut short by his lord ship. Neither of the Court, and almost all of the justices entertain largely prisoners bad a legal representative, and neither cross. themselves. No one in Washington gives more frequent examined the witness. Nor were they asked to do so.
or more elaborate dinners tban Justice Blatchford, and The woman was simply told to stand down, and the the mansion of Justice Matthews has long been noted turn of the next came. When their statements, which for literary reunions where the feast of reason played lasted altogether about five minutes, were over, the only a secondary part.--Baltimore Sun.
The Albany Law
law and the grounds on which they stand. The law Journal.
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 ALBANY, DECEMBER 11, 1886. 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 CURRENT TOPICS.
also would probably agree with me that no teaching
which a man receives from others at all approaches IN his oration before the law school graduates at
in importance what he does for himself, and that the recent Harvard celebration, Judge Holmes
one who has simply been a docile pupil has got but said: “It seems to me that nearly all the education
& very little way. But I do think that in the which men can get from others is moral, not intel
thoroughness of their training, and the systematic lectual. The main part of intellectual education is
character of their knowledge, the young men of the not the acquisition of facts but learning how to
present day start better equipped when they begin make facts live. Culture, in the sense of fruitless
their practical experience than it was possible for knowledge, I, for one, abhor. The mark of a master is, that facts which before lay scattered in
their predecessors to have been. And although no
school can boast a monopoly of promising young an inorganic mass, when he shoots through them
men, Cambridge, of course, has its full proportion the magnetic current of his thought, leap into an
of them at our bar, and I do think that the methods organic order and live and bear fruit.
of teaching here bear fruits in their work. I somecannot make a master by teaching. He makes himself by aid of his natural gifts.
times hear a wish expressed by the impatient that Lawyers,
the teaching here should be more practical. I too, were among the first specialists to be needed
remember that a very wise and able man said to a and to appear in America. And I believe it would
friend of mine when he was beginning his profesbe hard to exaggerate the goodness of their influ
sional life, 'Don't know too much law,' and I think ence in favor of sane and orderly thinking. But
we all can imagine cases where the warning would lawyers feel the spirit of the times like other people.
be useful. But a far more useful thing is what was They like others, are forever trying to discover
said to me as a student by one no less wise and cheap and agreeable substitutes for real things.
able, afterward my partner and always my friend, The aim of a law school should be, the
when I was talking as young men do about seeing aim of the Harvard Law School has been, not to
practice and all the other things which seemed make men smart, but to make them wise in their calling, to start them on a road which will lead
practical to my inexperience: "The business of a them to the abode of the masters.
lawyer is to know law.' The professors of this law
school mean to make their student know law." 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 There is no lack of materials for our "Animal some mediocre fluent book has been printed, how Kingdom in Court” this week.
In Re Douglas, often have we heard it proclaimed, lo, here is a Obert v. Barrow, 55 L. T. Rep. (N. S.) 388, it was greater than Story! But if you consider the state held by Kay, J., that a bequest to the “Home for of legal literature when Story began to write, and Lost Dogs” is valid. The learned judge said: from what wells of learning the discursive streams " It was argued that an institution for taking care of his speech were fed, I think you will be inclined of dogs was not a charity; but in the face of Unito agree with me that he has done more than any versity of London v. Yarrow, I do not think that other English-speaking man in this century to that argument can be maintained. In that case a make the law luminous and easy to understand. bequest was made for founding, establishing and But Story's simple philosophizing has ceased to upholding an institution for studying and endeavoursatisfy men's minds. I think it might be said with ing to cure the maladies of any quadrupeds or birds safety that no man of his or of the succeeding useful to man. The Lord Chancellor held in effect generation could have stated the law in a form that that an institution for the benefit of animals useful deserved to abide, because neither his nor the suc- to mankind, by which he said he thought was ceeding generation possessed or could have pos- meant domestic animals, was so far for the benefit sessed the historical knowledge, had made or could of the human species which was served by them have made the analyses of principles which are that it might be called a charity, and of all domesnecessary, before the cardinal doctrines of the law ticated animals those for which men have the highcan be known and understood in their precise con- est affection, and by which they are most served, tours and in their innermost mcanings. The new are dogs; so that a Ilome for Lost Dogs appears to work is now being done. Under the influence of me to be as much a charity as a hospital for the Germany, science is gradually drawing legal history diseases of domestic animals.” The same mail into its sphere. The facts are being scrutinized by brings us an account of a English county court case, eyes microscopic in intensity and panoramic in in which a huge St. Bernard dog shook a little boy scope. At the same time, under the influence of our like a rat, and tore a piece out of his cheek, disrevived interest in philosophical speculation, a thou- figuring him for life. There was no proof of the sand heads are analyzing and generalizing the rules of scienter, and so no damages could be awarded.
VOL. 34 - No. 24.