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posit to be issued to him therefor. It is evident that the drawer is thereby made to stand in a different relation to the payee and holder from what he would were the check certified by his own procurement prior to its delivery to the payee.

We find no error in the record that would justify a reversal of the judgment of the court below, and the judgment of the Circuit Court is therefore affirmed.

OBSCENE LITERATURE JUDICIALLY CONSIDERED.

OME years ago an English censor of public SOME years ago ted a London publisher for bringing out a new edition of the works of Rabelais. The indictment was a most amusing document, describing the objectionable literature as having been written by "one Rabelais." Thereupon one Charles Algernon Swinburne took up the cudgels, and berated the honest Philistine who instituted the proceeding, in a pamphlet in which vituperation ran mad. This case has had a recent parallel in New York, Mr. Anthony Comstock having endeavored to restrain the receiver of a publishing house from offering for sale copies of works of one Fielding,

one Ovid, one Boccaccio and one Rousseau.

With

equal reason, as Mr. Swinburne suggested, the purist

crusade should extend to the writings of one Chaucer and one Shakespeare.

Fortunately, Judge O'Brien and his associates of our Supreme Court, with whom he consulted, took

ing salacious passages, which would have to be solved by considering the works intrinsically. A year or two ago Professor Boyesen wrote an article protesting against the "young girl" as a controlling factor in fixing the standard of modern English literature. His remarks applied more especially to the literature of life and manners; and the gravamen of his complaint was that, by reason of constraint to include nothing which could bring the blush of shame to the cheek of modesty, English and American novelists convey only incomplete and emasculated pictures of human life. A great deal of such of this constraint as exists springs not from fear of legal penalty, but from the commercial motive to make a book available for general circulation, and therefore widely salable. A writer must make his election as to how general an audience he will address, and whether, for the sake of treating the more serious problems or the more passionate phases of life, he will risk having his production tabooed by the guardians of youth and simpleminded and squeamish persons generally. Where a production is put forward as legitimate literature, and it is claimed, on the other hand, to be a merely pornographic production, the test must be whether it offers a fairly typical study of life, in which the episodes, objectionable in themselves, are subsidiary to a larger purpose. And as essential morality, as well as delicacy and reserve in the matter of expression, have materially increased during the nine

teenth century, Boccaccio and Fielding would not be in point as precedents on the defense to a prose

the cultured and not the Philistine view of what is necessary for the protection of public morality. Judge O'Brien's opinion (In re Worthington Com-cution for publishing or circulating modern obscene pany, June 22, 1894) is thoroughly enlightened, but literature.--New York Law Journal. perfectly conservative in sentiment, adequately and briefly covering the whole ground, concluding as follows:

"What has become standard literature of the English language has been wrought into the very structure of our splendid English literature-is not to be pronounced at this late day unfit for publication or circulation and stamped with judicial disapprobation as hurtful to the community. The works under consideration are the product of the greatest literary genius. Payne's "Arabian Nights" is a wonderful exhibition of Oriental scholarship, and the other volumes have so loug held a supreme rank in literature that it would be absurd to call them now foul and unclean. A seeker after the sensual and degrading parts of a narrative may find in all these works, as in those of other great authors, something to satisfy his pruriency. But to condemn a standard literary work because of a few of its episodes would compel the exclusion from circulation of a very large proportion of the works of fiction of the most famous writers of the English language. There is no such evil to be feared from the sale of these rare and costly books as the imagination of many, even well-disposed, people might apprehend. They rank with the higher literature, and would not be bought nor appreciated by the class of people from whom unclean publications ought to be withheld. They are not corrupting in their influence upon the young, for they are not likely to reach them. I am satisfied that it would be a wanton destruction of property to prohibit the sale by the receiver of these works-for if their sale ought to be prohibited the books should be burned; but I find no reason in law, morals or expediency why they should not be sold for the benefit of the creditors of the receivership. The receiver is therefore allowed to sell these volumes."

It is perfectly legitimate to recognize and protect literary works simply on the ground that for generations they have been ranked as classics. Interesting questions might arise over new books contain

TRIAL WITHOUT A JURY.

HE Sturges-Farwell case was submitted to the Learned and veteran Chancellor Tuley, by agreement, under the statute of 1887, without a jury, whose decree under that act is final, and thousands of dollars cannot be wasted in costs, and years of time spent in carrying the case through the higher courts. The question arises, could not parties in general, by submitting their cases under this statute, secure speedy justice and save heavy bill of costs. In this Sturges-Farwell case several hundred thousand dollars were in controversy. Judge Tuley entered his decree a few days since. The attorneys of Sturges are sure that they have succeeded in the

case, and the attorneys of the Farwells are just as sure that they have come off victors. It is a pretty sure indication that the Goddess of Justice has held the scales with an even hand when both sides are satisfied. The passage of the statute, under which this case was submitted, was secured by the influence of Judge Tuley. Hurd's Revised Statutes, 1893, page 1085.-Chicago Legal News, June 23.

A

Notes.

N Iowa judge has just rendered a unique decision. He has discharged a man and his wife, charged with conspiracy, on the ground that it takes two persons to make a conspiracy and husband and wife are one. This decision should be brought to

A great deal depends on the way questions are put. Some years ago in the Rochester University it was the custom of the janitor to ring a bell at the close of each hour, as a signal to the professors in the recitation-rooms that there was to be a change of classes. On one occasion, a class had been dismissed shortly before the proper time, and some of the attention of Mr. W. S. Gilbert who would units enterprising members conceived the happy idea doubtedly find it useful for comic opera purposes. of turning back the hand of the clock in the main Being nobody in particular, Mr. Bailey was placed hall, misleading the janitor and having a long play last on the list of speakers. The chairman introduced spell. As a result the recitations were thrown into several speakers whose names were not on the list, confusion and the boys had a great lark. Dr. Anand the audience were tired out, when he said: derson undertook to investigate the tampering with "Mr. Bailey will now give us his address." "My the clock. He summoned one young fellow whom address," said Mr. Bailey, rising, "is No. 45 Lough-he suspected, and whose frankness he could depend boro Park, Brixton Road, and I wish you all good on, and questioned him to no purpose. We shall night." Youths Companion. call the witness Mr. Blank, because that is not the name under which he is so well known and popular among us. The boys asked what had taken place

66

An Incorruptible Public Servant Speaks: "If the gambling-houses of this town," said the alderman from the 'steenth ward, red with righteous in-between him and the president, and he said: "The dignation, are held up by the police authorities and those above them to the tune of $500 a month, I say it's an infernal shame! The high officials who take that money," he added, striking the desk before him with clenched fist, "must divvy!"-Chicago Tribune.

An interesting state of affairs is presented to the governors of North Carolina and Tennessee. Two men, Hall and Handy, while standing in Cherokee county, North Carolina, fatally shot one Bryson, who was standing across the line in the State of Tennessee. The Supreme Court of North Carolina disclaimed jurisdiction, and the murderers were released. But they were immediately rearrested and their extradition demanded as fugitives from Tennessee justice. They resist extradition on the ground that they are citizens of North Carolina, had not been in Tennessee, did not commit the crime there, and therefore are not fugitives from the Ten

nessee courts.

Apropos of the hit which the Swiss abolitionists have made in protesting against the execution of the capital sentence by any other means than the sword, and thus, in effect, rendering it nugatory, it is mentioned in Heard's "Curiosities of the Law Reporters" that a prisoner in this country was convicted of a capital felony, and was sentenced to be punished by transportation. On error the judgment was reversed, because he was not sentenced to be hanged, and he was discharged. The same authority tells us that in the reign of Charles II, one Walcot was executed for the Rye House Plot, and twelve years after his execution a writ of error was brought, and his attainder reversed, because in the record of his sentence it had not been stated that his entrails should be burnt while he was alive.Pall Mall Gazette.

doctor looked at me grimly and asked: 'Mr. Blank, did you turn back the hand of that clock?' And I answered: No sir, I did not.' He asked: Did you see anybody turn back the hand of that clock?' and I answered 'No, sir, I did not.' He remarked: 'You may go, sir,' and I left." Mr. Blank added

serenely: "If he had asked me who stood on my shoulders to turn back the hands of that clock I should have had to tell him."

"I hardly think that I would recommend the following method of procedure to young professional men, as a rule," said a well-known lawyer, "although in my case it was eminently successfui. Besides I had already made my beginning and started my pile, so it was really calculation on my part, not youthful extravagance. After I had practised my profession for several years, and had established a very good business, I was offered the post of first secretary of legation to one of the largest capitals of Europe. As it was sure to be socially a delightful experience, I could not resist the temptation; so I arranged my affairs, accepted the appointment, and passed three or four years most charmingly. On my return however Nemesis awaited me! I found that my practice was practically nil. Other people had come to the fore in my particular line, and I was forgotten, while my resources on account of the constant drain and no increase were almost completely exhausted. Well, my first proceeding was to buy an English phaton and the finest pair of high-stepping cobs that I could find; then I hunted up all my old friends, joined a few more clubs, and waited—and it was lucky for me that my time of probation was a short one, and that my venture proved entirely successful. It worked splendidly; I had soon all the practice I wanted, and in a couple of years I had made enough to put down my horses and practice economy!"

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