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is well detailed in the Chatham letters, by an eyewitness, the Whig Earl of Shelburne: Mr. Wedderburn (appointed solicitor-general 1771) under the pretext of reply and the encouragement of the judges the indecency of whose behavior exceeded, it is agreed on all hands, that of any committee of election-entered largely into the constitution and temper of the province, and concluded by a most scurrillous invective against Dr. Franklin, occasioned, as Dr. Franklin says, by some matter of private animosity; as Mr. Wedderburn says, by his attachment to his deceased friend, Mr. Whately, the publication of whose correspondence contributed to influence the assembly to their late resolution.' The piece of eristic in question was: 'Amidst tranquil events, here is a man who, with the utmost insensibility to remorse, stands up and avows himself the author of all. I can compare him only to Zanga, in Dr. Young's Revenge'

Know, then, 'twas I.

I forged the letter I disposed the picture;
I hated-I despis'd-and I destroy.

"I ask, my lords, whether the revengeful temper attributed to the bloody African is not surpassed by the coolness and apathy of the wily American?' Dr. Priestly, another eye-witness of this historic scene, said that at the sallies of Mr. Wedderburn's sarcastic wit all the members of the council, the president himself not excepted, frequently laughed outright, no one behaving with decency except Lord North.'

"This incident may fairly be claimed as a locus classicus for the solicitor-general not 'behaving as a judge,' and its lamentable consequences furnish no mean support to Sir E. Clarke's contention that he should do so. But, as one who has frequently enjoyed Sir F. Lockwood's sallies,' I must of course protest that I am unwilling and incapable of passing any opinion as to whether he may not, like Demosthenes in Ad Leptinem, indulge in rhetorical

bitterness."

Two short letters follow. The first is:

"In case your columns are open to remarks on the recent trial, I beg to submit that there are cogent reasons why the result must be regarded as unsatisfactory. To begin with, the case had been prejudged in an unusual manner, so much so, that it is surprising that it was not removed by a writ of certiorari to the Court of Queen's Bench. The stress laid by the prosecution one the grave nature of the charges surely demanded that the tainted witnesses should be corroborated by evidence of a conclusive kind; and at the outset a man is placed under peculiar disadvantages when the offenses are alleged to have been committed months, and even years ago. In considering the sentence, it is astonishing that the judge should have inflicted the ex

treme penalty of the law when there were no aggrieved parties in the case. For it cannot be pretended that the accomplices, who were the only witnesses of importance, were such. Permit me to add that there seems some misapprehension respecting section 11 of the Criminal Law Amendment Act. It was introduced in order, its promoter said, to bring the English law on the subject into harmony with the French law; but, in point of fact, it does nothing of the kind. The maximum penalty, as first proposed, was one year's imprisonment, but when another year was suggested it was allowed to pass without discussion. The clause, in fact, was 'rushed' through the House at the time of the 'panic' caused by Mr. Stead's sensational articles. But surely common sense and common fairness demand that a distinction should be made between

cases where the chief witnesses have a grievance, and where they are only self-declared accomplices, who make a trade of vice."

The second is:

"All things are possible with God- - and a common jury, and everyone must have been prepared for the possibility of the Wilde trial ending as it did, although the result owed little to the assistance of counsel for the defense. In fact the proceedings reflect little credit on any of the persons concerned except the judge. The prosecution was singularly weak, and against all precedent in a case of such importance, had no assistance from either of the law officers. Besides the inconvenience and unfairness to the prisoners of including charges of conspiracy (which, as his lordship intimated, should not have been brought at all) with those under section 11 of the Criminal Law Amendment Act; everyone with any experience in criminal matters knows the fatal effect likely to follow the abandonment of serious charges at the last moment. If, the ordinary juryman argues, these are abandoned, can we be quite sure that the others should have been preferred? He might also regard it in the nature of a jetsam-as evidence that the prosecution felt themselves in a bad way. Another fatal blunder was the failure to seize the obvious reply to Sir Edward Clarke's natural and obvious criticisms upon three of the witnesses. With corroboration, and the absence of any inducement to lie, their very infamy becomes a claim to confidence. Would any but the basest of mankind be guilty of such crimes? It would also have been well to point out in reply to Mr. Oscar Wilde's rhetorical deliverance from the witness-box that Plato's philosophy, although peculiar (witness the conversation in the garden where the cicadas chirped), never recommended anything like the gift of silver cigarette-cases to the vendors of newspapers."

The Law Journal says, editorially:

informed as to the facts by the taking of testimony and the summing up of such testimony by skilled legislative counsel, so that the recommendations of committees may partake of the nature, as to each particular bill, of a special inquiry and a special committee of investigation.

This would reduce the number of bills which are brought before the consideration of the House, and would end almost altogether the legislation, both corrupt and slipsbod, which is the result of ignorance, by reason of which venality can protect itself on the pretense of being ignorant of the con

"The ludicrous suggestion which has been made in certain quarters that Sir Edward Clarke will suffer politically by his brilliant and strenuous ad vocacy in the Wilde case might well be passed over in silence were it not that the duty of counsel in defending prisoners is a subject on which very many people entertain hazy ideas. It is not necessary to dwell on the supreme ability and courage with which Sir Edward fought this difficult and losing battle; everyone admits that fact, and indeed it forms the ground for the absurd rumor to which we have referred. We shall merely remark in pass-quences of its own acts. ing, that the English bar has every right to be, and is to a man, proud of the brilliant intellectual power displayed in this case by one who is amongst the most distinguished of Nisi Prius advocates. If Lord Brougham had not made his unfortunately exaggerated statement in Queen Caroline's case as to the revolution and anarchy which counsel were entitled to bring about in the interests of their clients, no section of the public probably would have taken alarm at any strenuousness on the part of counsel. It may be desirable to recall the fact that Lord Brougham went far beyond the limits of accuracy in this passage, and that the true theory was defined by Sir Alexander Cockburn in his famous speech at the reception of M. Berryer. The advocate may use the weapons of the soldier, but not the dagger of the assassin. But the most strenuous defense is the right, even of the worst criminals, and is in accordance with the best interests of society as a whole."

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A great opportunity was lost by the Constitutional Convention when it failed to see, notwithstanding the persistency with which the Board of Trade and myself pointed out to it the source of the evil, that some constitutional amendment should be adopted which would separate public from private bills, create a cabinet of State officers for the promotion of the one-public measures-and subject private and local bills to trial, scrutiny and examination, with the aid of experts, and compel such bills to bear the necessary expense of such scrutiny and observation, so that the Legislature may be informed, not by mere statements of orators or lobbyists, but as carefully and thoroughly as a jury is

The one single element which was accepted by the Constitutional Convention out of the whole scheme of constitutional reform put before it by me to bring method and order into our legislation and give notice to the locality of its proposed enactment, was that of submitting to the mayors of the cities local laws which affected the cities, and it is admitted that much good has already been accomplished and will hereafter result from the adoption by the people of this State of this tentative and limited reform in the enactment of local measures.

However, a much larger scheme of notice to localities which are to be affected by legislation, and information of the members of the Legislature, is possible by enacting into law in the State of New York a modified form of the Standing Orders which since 1844 have regulated the law-making of the parliament of England, and which were adapted by me to the needs of the State of New York in a series of sections of a proposed article in the State Constitution, but which may be formulated into a statute instead.

It is, therefore, my opinion that no one law which New York is as important as that which will bring can be enacted by the Legislature of the State of method, order and light in place of chaos, venality and ignorance in the enactment of the laws themselves. SIMON STERNE.

-The World.

A controversy arising from overlapping locations, after being carried on both before the land office and the courts, was compromised by allowing one of the locations to patent most of the disputed land. A company was then organized, representing both parties to the dispute, and the land was conveyed to it. Held, that this company could not refer its title to either or both of the contending locations, at its election, so as to give it the right to follow the dip within the end lines of their location at will, but on the contrary, it must derive its rights in this respect solely from the location under which the patent was obtained. (Del Monte Mining & Milling Co. v. New York and L. C. Mining Co. [U. S. C. C. (Colo.), 66 Fed. Rep. 212.)

Abstracts of Recent Decisions.

APPEAL-RES JUDICATA.- When a cause has been reversed and remanded, with directions to enter a certain decree, and thereupon such a decree is entered by the trial court, such decree cannot be questioned on a further appeal, provided it conforms to the direction. (Roby v. Calumet & C. Canal & Dock Co. [Ill.], 40 N. E. Rep. 293.)

Bill of Lading-PLEDGE.-E. & Co. were grain brokers in the city of A. Persons from whom they bought grain drew at sight on E. & Co. for the price, and forwarded the drafts for collection, with the bills of lading of the grain attached. E. & Co. arranged with the C. bank to take up these drafts, and hold them as demand notes against E. & Co., with the bills of lading as security. E. & Co. claimed no control or right to the bills of lading until they should take them up from the C. bank. Held, that though the payment of the drafts by the C. bank extinguished them as commercial paper, the bills of lading did not thereby become the property of E. & Co., but the bank became the lawful holder thereof, and entitled to receive from the carrier of the goods represented by such bills of lading at least to the extent of the amounts paid on the drafts, with interest. (Walters v. Western & A. R. Co. [U. S. C. C. of App.], 66 Fed. Rep. 862.) CORPORATION--LIABILITY OF STOCKHOLDER.-One who subscribes for stock in a corporation, but only delivers the subscription to the soliciting agent to hold until he has investigated the matter, and who immediately investigates and promptly forbids the delivery of the subscription, is not liable thereon. (Great Western Tel. Co. v. Lowenthal [Ill.], 40 N. E. Rep. 318.)

CONSTITUTIONAL LAW -OLEOMARGARINE PROHIBITION OF SALE. -Act Va. March 1, 1892, entitled "An act to prevent the adulteration of butter and cheese, and the sale of the same, and preserve the public health," but in fact and substance prohibiting the sale of oleomargarine, is not a health law, but an interference with interstate commerce, and for that reason unconstitutional. (Ex parte Scott [U. S. C. C. Va.] 66 Fed. Rep. 45.)

LEGISLATIVE APPORTIONMENT.- Whether a legislative apportionment is constitutional is a question within the jurisdiction of the courts, though it involves only political rights. (People v. Thompson [Ill.], 40 N. E. Rep. 307.)

he may do either when brought before the examining magistrate, or when called upon to plead to the information in the District Court. (Coffield v. State [Neb.], 62 N. W. Rep. 875.)

EMINENT DOMAIN-RAILROAD COMPANIES.-It is well settled that after a railroad company, having the power of eminent domain, has entered into actual possession of land necessary for its corporate purposes, whether with or without the consent of the land subject to the burden of the railroad, and the owner, a subsequent vendee of the latter takes the right to payment from the railroad company, if it entered under an agreement to pay, or to damages if it entered without authority, belongs to the owner at the time possession was taken. (Roberts v. Northern Pac. R. Co. [U. S. S. C.], 15 S. C. Rep. 756.)

FEDERAL OFFENSE LETTERS.-The statute making it a crime to take a letter from the post-office, or which has been in any post-office, "or in the custody of any letter or mail carrier before it has been delivered to the person to whom it is directed (Rev. St., § 3892), does not extend to the case of a letter stolen from the desk of the addressee, upon which it has been placed by the mail carrier, in the absence of any one to receive it. (United States v. Safford [U. S. D. C., Mo.], 66 Fed. Rep. 942.)

POST-OFFICE EMBEZZLING

INSURANCE WAIVING CONDITION.-Notice and proof of loss are waived when an insurance company denies liability on the ground that its policy was not in force when the loss occurred. (German Ins. & Sav. Inst. v. Kline [Neb.], 62 N. W. Rep. 857.)

LIFE INSURANCE POLICY-CONSTRUCTION.-A life insurance policy insuring the life of a father was issued upon an application signed by both the father and the son, in which the latter was named as beneficiary. The policy was made payable to the "assured" after due notice of the death of the "person whose life is hereby insured." Held, to be a contract made with the son in his own name and for of New York [N. Y.], 40 N. E. Rep. 225.) his own benefit. Cyrenius v. Mutual Life Ins. Co.

MASTER AND SERVANT-ASSUMPTION OF RISK.front end of cars which were being pushed along a Plaintiff, while stationed as a Lookout near the spur track, was thrown forward by a collision with a car standing on the track, and injured. Brush overhung the track and obscured the view. that it was a question for the jury whether or not plaintiff assumed the risk attendant on such condition of the track. (Oregon Short Line & U. N. Ry. Co. v. Tracy [U. S. C. C. of App.], 6.6 Fed. Rep.

CRIMINAL LAW-WAIVING PRELIMINARY EXAMINATION.—A defendant, unless a fugitive from justice, is entitled to a preliminary examination before he can be placed upon trial in a prosecution by information, unless he waives such examination, which | 931.)

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Held,

MASTER AND SERVANT ASSUMPTION OF RISKS.Where plaintiff went into defendant's employ as car inspector, after stating that he would not unless furnished with a proper signal to protect him while under the cars, on the promise that the signal should be furnished, but before it arrived he was injured by the backing of a train against a car which he was working, defendant is not liable, plaintiff having assumed the risk. (Marean v. New York, S. & W. R. Co. [Penn.], 31 Atl. Rep. 562.)

MECHANIC'S LIEN -- FORECLOSURES. In an action by a sub-contractor to foreclose a mechanic's lien based on the claim that the contractor has been fully paid in advance of the terms of his contract, the owner, though admitting that he has overpaid the contractor, and accepted the work unfinished, may make the contractor a party to the suit, and have his claims against such owner determined therein. (Hinton Bridge Const. Co. v. New York Cent. & H. R. R. Co. [N. Y.], 40 N. E. Rep. 86.)

NEGOTIABLE INSTRUMENTS-CONSTRUCTIVE KNOWLLEDGE. Knowledge of such facts as would put a prudent man on inquiry in reference to negotiable paper is, in the absence of bad faith, not sufficient knowledge to affect the rights of a purchaser for value and before maturity. (Clark v. Evans [U. S. C. C. of App.], 66 Fed. Rep. 263.)

INDORSEMENTS.-Where a negotiable promissory note has been before maturity indorsed to a third person, the maker of the note must, in order to avail himself of the defense of payment before the indorsement, plead and prove that the plaintiff had notice of such payment before the indorsement. (Yenney v. Central City Bank [Neb.], 62 N. W. Rep. 872.]

PROMISSORY NOTE.—An agreement by the payee of a note, with the maker's widow, that certain sums paid by the maker, and by her after his death, for the payee's benefit, together with the sum paid by her to the payee, should be accepted in full settlement of the note, constitutes a valid satisfaction thereof. (Beck v. Snyder [Penn.], 31 Alt. Rep. 555.)

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PARTNERSHIP MORTGAGE, It is within the power of one member of a partnership, acting in good faith, to make a valid chattel mortgage of all the partnership property to insure partnership indebtedness. (Settle v. Hargadine-McKittrick Dry❘ Goods Co. [U. S. C. C. of App.], 66 Fed. Rep. 850.)

which it desires to do business, does not take it out of the power of a railroad company previously owning property, and authorized to do business in the State, to make a valid sale of all such property, without first complying with the provisions of the statute. (Chattanooga, R. & C. R. Co. v. Evans [U. S. C. C. of App.], 66 Fed. Rep. 809.

OF FILING TRAN

REMOVAL of CAUSES-TIME SCRIPT. While, upon removal of a cause from a State to a Federal Court, security is required that the transcript shall be filed on the first day of the next succeeding term, the Federal Court is not to be deprived of jurisdiction if the transcript is filed at a later day in the term, but, for good cause, may permit it to be filed at such later day. (Lucker v. Phoenix Assur. Co. of London [U. S. C. C., S. Car.], 66 Fed. Rep. 161.)

TAXATION-EXEMPTIONS-CORPORATION.-A foreign manufacturing corporation authorized by its charter to manufacture, buy and sell, or otherwise procure, electric apparatus of all kinds, and engaged in the manufacture of such apparatus, and also in buying and selling the same, in New York State, is not wholly engaged in carrying on manufacture, and hence it is taxable on the amount of its capital employed in the State. Campbell [N. Y.], 40 N. E. Rep. 239.)

(People v.

TRUSTS CONTRACT- ENFORCEMENT.-A stakeholder or custodian of a fund, who makes a contract with a claimant to the fund for a payment to him of a portion thereof, in consideration of retaining the balance for himself, cannot in a suit on the contract, and in the absence of express provisions therein, require the complainant to bring in other claimants to fund, or require an adjudication upon the rights of these claimants or other possible claimants to the fund, as precedent to a right of recovery under the contract. (Ludlow v. Strong [N. J.], 31 Atl. Rep. 409.)

FOLLOWING TRUST FUNDS.-Where goods sold on credit to an insolvent firm, through its fraud, were subsequently resold to its customers, and the firm's vendor afterward discovered the fraud and rescinded the sale, equity has jurisdiction to follow the proceeds of the resales into the hands of the firm's assignee for the benefit of creditors, and subject them to a lien in favor of the defrauded vendor. (American Sugar Refining Co. v. Fancher [N. Y.], 40 N. E. Rep. 206.)

RAILROAD COMPANIES-FOREIGN CORPORATIONS. -A State statute, declaring it unlawful for any foreign corporation to own or acquire property in the State, or do any business there, without first filing a copy of its charter in the office of the secretary of State, and an abstract thereof in each county in | C., R. I.], 66 Fed. Rep. 807.)

WILLS-JURISDICTION OF FEDERAL COURTS.-A will having been established by competent authority, the Federal courts have jurisdiction to determine its interpretation in an action between citizens of different States. (Wood v. Paine [U. S. C.

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