poration, organized under these fair laws, to do business in the obstinate State or States. For the benefit of the people as a whole the States must be deprived of the right to grant charters. Such an act will rid the country of bandits and freebooters and insure stability in financial circles. "No fact of industry is more obvious than that modern business has outgrown and wholly disregards State lines, and that the jurisdiction of a single State, as applied to the operations of a great interstate business, are futile and even harmful." Corporations are destined, in many instances, to go beyond the proper supervision and control of the State which gave them existence. The best State laws will never do away with the present abuses. Congress alone can, with safety, provide a method by which reasonable combination may be permitted. The relative merits of a federal license or a national incorporation law are beyond question.-D. E. Mowry, in Central Law Journal,

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Sane Solution to Divorce Problem. With the United States Census Bureau employed in the taking of the nation's divorce statistics; with the world's greatest social reformers clamoring for uniform divorce laws, and with the columns of the periodical press filled with utterances either for or against our present divorce customs, there can be no doubt that this phase of our social life is one of the most important questions of the day.

So far as the actual problem of divorce is concerned -whether we shall or shall not grant it-there seems to be little opportunity for argument. If the experience of centuries proves anything, it has established the fact that there are conditions under which it is impossible for a man and a woman to continue to live together. The only question is-Shall the legal act of separation be made more easy or more difficult of attainment?

Of course everybody will admit that the present slipshod system of divorce is wrong. When divorce that is obtained in one State does not hold in another State the opportunity for serious social complications-not to use a stronger phrase becomes almost unlimited. As to the manner in which our present-day system, or lack of system, should be improved, however, even the reformers are in doubt. In fact, there is anything but a narrow range of opinion; for some, following the old ecclesiastical theories, ask to have the most stringent legislation, while others view the matter so liberally that they even suggest the advisability of trial marriage as the proper solution to the problem.

So far as the "trial" part of it is concerned, I think that the suggestion is a wise one; but why not

apply it to the divorce instead of the marriage? Trial marriage would be fraught with all sorts of dangers. Trial divorce could injure nobody. Trial marriage would open the way to profligacy in its most serious forms. Trial divorce would certainly tend toward higher morality. To make trial mar| riage a success one would first have to change human nature-and that is easier said than done. Trial divorce, on the other hand, seems more like a sane solution to this vexing question.

For example, how would it work?

A man and wife have a disagreement, and, while they still love each other the possibly trivial matter that has come between them makes them blind to all dictates of the affections. Slight as the cause may have been, both are determined that it is impossible for them to continue to live together any longer, and so they make their plans to separate. Lawyers are easily obtained, and, almost before they know it, the marriage tie has been severed.

It is no uncommon thing to hear of the remarriage of people who have been divorced. It is impossible to estimate how many people there are who obtain divorces and who are sorry for it afterward. If it was possible to retrace their steps without involving themselves in a new scandal many would probably do it. As it is, some brave the shafts of gossip and remarry, even after the actual divorce.

Suppose the present-day system was to be reversed, however, and, instead of courting publicity, the applications for marital separation were heard in private. Suppose, too, that, instead of making the divorce decree final, the separation should be granted for a certain period of time-the length of that time depending upon the circumstances and the wisdom of the court. Having been held in private, there need be no publicity until the day when the actual final decree was issued, and, in the mean time, if either party to the divorce proceedings repented of his or her part in the affair, an attempt could be made to readjust matters and the love that had been threatened would have an opportunity to reassert itself.

Undoubtedly there are many occasions upon which the trial divorce would make no difference to the final separation, but there would probably be many other cases in which the two parties to the misunderstanding would be glad to take advantage of such an opIt is portunity to return to their former relations. so easy to act in haste and repent at leisure, and it is one of the peculiarities of human nature that we must lose, or at least be threatened with the loss of, the things we love before we can begin to appreciate them appropriately.

In view of all these facts, what is the matter with the trial divorce? I should like to hear the opinions of others.-Graham Wood, in N. Y. Com. Adv.

Judge Houlihan's Philosophy. The average man succeeds in the love game about as well as the countryman with loaded dice. If a man could sell bait for true love, he would have money to give to the poor.

Adam and Eve established the first Appellate Court, and there's been trouble ever since.

Making payments before they are due under the terms of a building contract is held, in First Nat. Bank v. Fidelity & D. Co. (Ala.), 5 L. R. A. (N. S.) 418, to release a surety on the contractor's bond.

A provision for stay of execution in an agreement for judgment for overdue rent is held, in Bothfeld v. Gordon (Mass.), 5 L. R. A. (N. S.) 764, not to Wimmin give a feller return-ball love when they release the lessee's surety if the extension is not befind they can't do any better. yond the time in which, in the ordinary course of

A poor man's only asset is his good character, but judicial proceedings, execution could have been ob

a tall hat and a cane constitute the sole assets of some individuals.

There is no bridle to an honest tongue, but a checkrein is always ready for an impudent one. "Life is the dream of a shadow," quoth the boarder as he sat down to his meal of Perpetual Hash.

When most people go to the polling booth they

leave their brains at home.

tained.

The collision of an express wagon with the hind wheel of a wagon being loaded from the sidewalk, forcing it against the horse, which was standing unhitched in the street, and causing the animal to run away, is held, in Collins v. West Jersey Express Co. (N. J. Err. & App.), 5 L. R. A. (N. S.) 373, to be

Frankfurts, sour-kraut and pretzels have turned the proximate cause of an injury to one who, to many a good head into an anarchist.

'Experience is the best teacher," has no application to the man who is engaged in defending his second breach of promise suit.

No wonder Hymen carries a torch; he makes it warm for some people after marriage.

Some people are generous; they take the years off themselves and give them to their neighbors.

A sign over some lawyers' offices: "Don't go elsewhere to be robbed, walk in here."

An old bachelor's definition of love after being stuck in a breach of promise action: "A little sighing, a little crying, a little dying, and a great deal of lying."

JOSEPH M. SULLIVAN, LL. B.,

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of the Boston Bar.

Among the Late Decisions.

A public officer who is a member of a corporate body upon which a duty rests is held, in Monnier v. Godbold (La.), 5 L. R. A. (N. S.) 463, not to be personally liable for the neglect of duty by that body.

The right of the court to require members of a partnership which has committed an act of bankruptcy to bring their property into the bankruptcy proceedings for administration is sustained in Dickas v. Barnes (C. C. A. 6th C.), 5 L. R. A. (N. S.) 654, | although proceedings would not, under the statute, lie against them individually because they belong to an exempt class, or have committed no act of bankruptcy.

The right of a State, under its police power, to prohibit physicians from soliciting patients by paid agents, is sustained in Thompson v. Van Lear (Ark.), 5 L. R. A. (N. S.) 588.

avoid the horse, jumped aside and broke his leg by falling over a board pile in the street.

The right of an abstract company to copy real estate records for the purpose of compiling an independent set of abstract books is sustained in State

ex rel. Nevada Title, G. & T. Co. v. Grimes ( Nev.), 5 L. R. A. (N. S.) 545, under a statute providing that every recorded instrument of writing whereby any real estate may be affected shall impart notice to all persons of the contents thereof.

A release obtained by the physician of one causing injury by negligence, from the injured person after he has taken charge of the case and gained the patient's confidence by his apparent friendship and solicitude for his welfare, is held, in Viallet v. Consolidated R. & P. Co. (Utah), 5 L. R. A. (N. S.) 663, to be properly set aside where the injured person relied on his statements and assurances as to the nature and probable duration of the injury, which were reckless and proved untrue, and had a tendency to deceive and mislead, and were made for the purpose of inducing the settlement.

False representations made by a surgeon of a railroad company as to the extent of the injuries of an employee are held, in Gulf, C. & S. F. R. Co. v. Huyett (Tex.), 5 L. R. A. (N. S.) 669, to be no reason for setting aside a release subsequently obtained by a claim agent, although the employee acted on the information so received in signing the release, if the claim agent did not knowingly take advantage of such fact.

That one's property has been attached as that of a stranger is held, in Baltimore, C. & A. R. Co. v. H. Klaff & Co. (Md.), 5 L. R. A. (N. S.) 495, not to entitle him to maintain replevin to recover its possession.

THE ALBANY LAW JOURNAL

A Monthly Record of the Law and the Lawyers Published by THE ALBANY LAW JOURNAL COMPANY, Albany, N. Y.

ulently describing a party in Massachusetts to be the father, and after the alleged father's death be made the basis of an attack upon his estate? Is not the constitutionality of so

Contributions, items of news about courts, judges and law-much of the act as makes the contents of this

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certificate evidence prima facie or otherwise of the facts therein stated, and therefore binding upon strangers to the record, unless contradicted by competent evidence, open to serious question as tending to deprive an owner of property without due process of law? These questions have apparently never

Subscription price, Three Dollars per annum, in advance, been considered or decided. The question

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Current Topics.

whether an individual has rights, other than property rights, which he can enforce in a court of equity and which the court will protect against invasion, is discussed.

tioned document so that the facts may be
shown in the most effective and convincing
manner. Anyone with a disputed document
case on hand would do well to send for a
copy
of the reprint.

The opinion of the Court of Errors and Appeals of New Jersey, in Vanderbilt v. An article on the subject of " Photography Mitchell, filed June 17, is perhaps the first in- and Questioned Documents," by Mr. Albert stance where a court of last resort has dealt S. Osborn, Rochester, N. Y., which first apwith the power of equity to stamp as a fraud peared in the Albany Law Journal, Vol. 63, a public record of vital statistics (i. e., a birth No. 7, has been reprinted by Mr. Osborn certificate) in form regularly made and filed with a large number of very interesting ilby a public officer but based upon false in-lustrations. The article gives definite direcformation given by the parent to fraudulently tions regarding the illustration of a quesfix the paternity upon a third party. The power of a court of equity to direct the cancellation of official records, stamping them as fraudulent, is declared, as well as the power to destroy the evidential character of such records. The decision points out what is true, not only in New Jersey but in many other States, that the laws which provide for Hon. G. A. Endlich, in an article pubthe creation of evidential records relating to lished in the American Law Register,-Univital statistics are notably lacking in provi- versity of Pennsylvania, deals with the sions for the correction of mistakes or cancel- subject, "The Personal Liability of Memlation in case of fraud. The field which such bers of Voluntary Associations." The article statutes create for cunningly devised and far- is written in Judge Endlich's clear and inreaching frauds is suggested. Under the structive manner, well illustrated and fortistatutes relating to vital statistics and the fied by authorities. The article begins with usual provisions making them evidential, and an interesting account of a committee of under the Constitution of the United States thirteen, who in the ardor of enthusiasm after by which they are given force in other States, the "Tippecanoe and Tyler Too" election of why might not a birth certificate be filed in 1840, arranged a dinner for 1,000 persons, New Jersey, where it would not attract the at- which dinner was however partaken of by tention of a resident of Massachusetts, fraud-| 4,000 persons, and the cost of which was re

covered by the tavern keeper from three in-court matters, is illustrated by a recent case in dividual members of the committee in a judg- the Superior Court of Yakima county, Wash. ment approved by the Supreme Court of Pennsylvania. (Eichbaum v. Irons, 6 W. & S. 67.) The gist of Judge Endlich's article is that in the case of voluntary associations of the non-business type, only those members are liable for a debt incurred in behalf of the association who contracted or participated in the contraction, or who ratified the contraction of the debt; the law of partnership not being applicable, and there being therefore no implication of agency of the contracting for the non-contracting members.

An Indian was about to be sentenced and he could not understand English. Seated in the rear of the room was a young buck who had been an interested spectator. It was known he could speak English, so he was called upon to interpret the sentence imposed by the judge, which he did. As soon as he did this he approached the clerk and demanded $2, saying that he had been called as an interpreter and was entitled to the fee. Since he was called as an interpreter in the court he will probably receive his $2 when the warrants are issued. It is the delight of Yakima Indians to appear in court as witnesses. Whenever any were involved in a criminal

witnesses, having as many as possible from their immediate family. So frequent did the Indian cases become it dawned upon the authorities that the redskins were instituting these suits so they might obtain witnesses’

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Liability of Municipalities.

WHAT CONSTITUTES MOB OR RIOT.

A. G. Avery, of Spokane, was elected president of the Washington State Bar Associa-action it has been their custom to summon tion and Spokane was selected as the place for the next annual convention, at the gathering in Seattle, July 11-13. Other officers named are: R. S. Holt, Tacoma, first vicepresident; C. P. Gose, Walla Walla, second vice-president; J. B. Bridges, Aberdeen, fees. Since then there have been comparathird vice-president; Jeremiah Neterer, tively few Indian cases. fourth vice-president; C. Will Shaffer, Olympia, secretary; W. V. Tanner, Seattle, assistant secretary, and N. S. Porter, Olympia, treasurer. Frank T. Post, of Spokane, and Thomas B. Hardin of Seattle, were appointed to represent the State of Washington at the next meeting of the American Bar Association, to be held at Portsmouth, with instructions to use their endeavors to have the convention of 1909 at Seattle. Vice-Presi- JOHN ADAMSON, Appellant, V. THE CITY OF New dent Fairbanks addressed the delegates at the final session, discussing the duties of lawyers as professional men and citizens and joining in the eulogies of lately departed members of the State bar. Dr. Elmer F. Heg, secretary of the State board of health, read an interesting paper on Our Sanitary Laws." A banquet was tendered to the visiting members by the Seattle bar, with Vice-President Fairbanks as the guest of honor.

How thoroughly the red man is becoming versed in the manner of the paleface, even in

NEW YORK COURT OF APPEALS.
Decided April 9, 1907.

YORK, Respondent.

This is an appeal from an order of the Appellate Division of the Second Department, as resettled and amended, entered January 25, 1906, reversing a judgment in favor of plaintiff and granting a new trial.

Paul E. Jones, for appellant; Wm. B. Ellison, Cor

poration Counsel (James D. Bell of counsel), for re

spondent.

HISCOCK, J.-Plaintiff was the owner of a twostory frame building in the Borough of Brooklyn. It had been unoccupied for three or four months prior to November 5, 1901, which was election day, and during that period had been subjected to various depredations, which left it in a somewhat dilapidated con