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varder's gall. When the Legislature was care-I listened to; a junto of state appointed, and irfully sized up, it was found to be the smallest, responsible police commissioners will be suscheapest, rotienest body that ever assembled in tained and supported in oppressing and abusLansing. The premonitory symptoms of a deling ber law-abiding citizens, while they allow sire to steal something manifested themselves thieves and murderers to escape; and every from the beginning. Scarcely a day passed rascal wbo makes his way to Lansing with a that some measure was not introduced contain scheme to thrust bis arm into her treasury ing promises of boodle, or that the Legislature shall have bis way if he brings along money did not resolve upon some expedition or junket, enough to pay for it. for wbich the members voted themselves extra
THE BOULEVARD PLANA. pay or allowance. Nothing was too small for them to despise, nothing 100 large for them to They are to get $100,000 in bonds issued grasp at. I'wenty-five per cent of the whole this year. - Ald. Lauder outlines them, and gang openly announced themselves by words says the council and board of estimates will be or acts to be paid attorneys of outside interests, “converted” very soon. Can they be “influand most of the remaivder of them waited exced” as easily as the Legislature? around for these attorneys to sbare their fees. The boulevard heelers are in high glee toAll who have been to Lansing this winter, and day over the slick way tbat Representative including even the lobbyists, confess that the Randall worked his bonding bill ibrough the presept Legislature is tbe rottenest and cheapest Legislature. They don't know yet just wbat that ever gathered at the capitol. One thing the next move will be, but they feel sure that bas conspicuously appeared from a very early by proper manipulation some of the bonds will date in the session. The Legislature of Michi. be in shape so they can get their bands on tbem gan bas learned the trick, long practiced in the before many moons. Ald. Lauder came out Legislature of New York, of looking upon the openly this noon, and offered to bet a silk hat metropolis of the State as a victim faited for that $100,000 worth of the bonds would be isthe sacrifice. In both States the State Legis. sued this year, and he wanted to bet another lature is overwhelmingly Republican, while bat that thie present board of aldermen would the metropolis is overwhelmingly Democratic. vote for the bonds by a good majority. He At Albany tbe metropolis is robbed and pil. made the offer to a crowd near ihe Russell laged by special legislation. Detroit has always House, but, as everybody present knew how been treated with just as little conscience by easily the boulevarders tied rings to the rural the Republican Legislature at Lapsing, but legislators, which enabled them to make the r. never until the present winter did it dawn upon 1. dance every time the string was pulled, nothe rural legislative mind that she would afford body took up the bet. “I tell you,” said the fat pickings for the rural legislative pocket. alderman, “the council and the board of estiMr. Randall materially assisted in impressing mates, too, are for the boulevard by a good the rural legislator with this lesson, by assur- majority. I have not counted noses yet, but I ing him that the city was goverved by Demo- and others bave talked to a good many, and cratic rascals, and populated chiefly by Demo- know how they stand. They will give us what cratic thieves, knaves, rumsellers and rum we want. Hear what I tell you now.” A bydrinkers, meanwhile keeping open house, and stander, who surmised that the boulevarders dealing out free rum himself to the thirsty might attempt to corrupt the aldermen as they granger law-maker. In all these considerations corrupted the rural legislators, asked Ald. Lauthe rustic pot only found argument for appro- der what it was that would make the council priating Detroit's money to his own use, go back on their position of two months ago, ibrough the medium of ihose who expect to when they voted three to one against issuing recover it, and a hundred times more, from any boulevard bonds. “They didn't underthe taxpayers, but also found a salve for his stand the needs of the boulevard then,” he anhypocrisy, for be dearly loves to find a inoral swered; "but they are getting better posted on reason for bis thefts. With such a body every- it now. They see that all the money from the thing was possible, particularly wben $500,000 bonds will be paid to the workingmen. Oh, I was at stake. But what shall the people of tell you we will get the $100,000 soon.". The Detroit say to the Republican party, wbich, alderman is certainly candid, and, as he is in a through the Legislature it controls, becomes position to speak for the boulevard, his talk responsible for this infamous treatment of the would seem to settle the fact beyond dispute great city? And what shall the common peo-tbat the boulevarders, instead of waiting till ple of the whole State say, who are in sympathy next fall to elect enough aldermen to carry out with the robbed toilers of the city? They and their schemes, will try to work the present tbeir fellows have been robbed and pillaged by council. Their success in corrupting the rural the authority of the Republican party, in the legislators has encouraged them io try the same Dame of the Republican party; their petitions influences on the aldermen. But, fortunately and protests have been spat upon, and their for the taxpayers, the people can reach the corspokesmen branded in the open Senate as an rupt aldermen when they come up for election, archists and incendiaries,—all because Detroit which they cannot do with the corrupt legislagives a Democratic majority. Detroit is, in tor from Oshkosh or Podunk. The commissbort, officially informed by the Republican sioners which the boulevarders named in the Legisture that so long as sbe votes the Demo- Park and Boulevard Consolidation Bill, and cratic ticket sbe will not be allowed to govern who they expected would lay out an extravaherself; sbe will be ignored in every measure, gant plan for boulevard improvements, will concerning her dearest interests; ber represen- have a short lease of office. Mayor Pridgeon tatives will be snubbed, and only those who go said to-day that under a decision of the supreme out to Lansing to rob her will be respected or court the Legislature has no right to appoint & permanent municipal board of Detroit, the 'The Evening News,' and of a large circulation appointment of which is vested in the mayor. in said county and State, and of wbich said The commissioners named in the bill may serve libel the following is a copy. (Here follows for a short time, but the mayor will appoint a matter set out above.) Tbat plaintiff avers park and boulevard board very soon after be bas that he is the 'Mr. Randall mentioned in and been officially notified that the law is in force. referred to by said libel, published as aforesaid, The picture cannot well be reproduced here, been and is greatly injured in said good fame
by means whereof be, the said plaintiff, bath but it was a caricature of Mr. Randall stand- and credit, and brought into public scandal, ing upon a platform, supported at each corner, ridicule, infamy and disgrace, and he hath sufand resting upon bottles, one of which was fered much annoyance, and incurred public marked "Rye." Upon the platform was a cask odium and contempt, and bath otherwise been marked "Gin,” with faucet all ready for open: greatly injured, to wit, at the county and State cask. His left hand was pressed against his aforesaid, to the damage of the said plaintiff of heart, and bis right arm was extended, and $100,000, and therefore be brings suit.” clasped in his right band was a bag, marked assigning the following causes: “(1) That the
To this declaration the defendants demurred, “$.
Above the picture was the following articles, words and picture set out therein are heading:
not libelous or defamatory, and actionable, as THE BOULEVARD NAPOLEON.
charged in said declaration. (2) That they do (In tbe course of his remarks in the Legisla- not in tbeir ordinary signification and meaning ture yesterday Mr. Randall stated that within impute to the plaintiff any legal crime, or any five years the grateful citizens of Detroit would legal or moral offense, or legal or moral turpierect a monument in his honor. The News tude, and no such signification is charged in submits the following design:)
the second count. (3) Because there are no Beneath the picture were three verses of matters of inducement or extrinsic facts set up rhyme, wbich cut no particular figure, as Mr. in said declaration to warrant an extension of Randall does not complain of them.
the meaning of the alleged libelous words and The declaration proceeds: “Meaning by the pictures beyond what they naturally imply. said publication to impute to the plaintiff that (4) Because the alleged matter of inducement he had been guilty of gross misconduct in the or extrinsic facts set up in said declaration are discharge of his official duties, and had acted not supported by any warranted innuendo sufas such member of the House of Representa- ficient with such inducement to give plaintiff tives in a manner wbich was improper, unjus- a right of action. (5) Because the alleged tifiable and discreditable to him, in this, among libelous words and pictures complained of are other things, in said publication imputed, to incapable of the meaning attached to them by wit, that he had, for bad and corrupt motives, the averments contained in said declaration. induced the Legislature to pass a bill designed (6) Because it does not appear by said declarato enrich a certain number of persons at the ex- tion that the picture set up in said declaration pense of the City of Detroit; and in this, to was published or connected with any of the wit, tbat, as a member of said Legislature, he published words or articles appearing complete had accepted and received bribes, and was cor- within themselves, whereby the alleged reflecrupted thereby in his official action in respect to tion upon the character of members of the bills pending in or passed by the said House of Legislature generally are applied to or directed Representatives, and in this, to wit, that he had, at the plaintiff. (7) Because in the second by the giving a bribe, or by other corrupt count of said declaration no time of the publimeans, influenced or controlled the giving of cation is alleger, and hecause there is no innuvotes by members of said Legislature,—by endo sufficient with the inducement to give the means of the committing of which said griev- said plaintiff a right of action under said count. ances, by the said defendants as aforesaid, he, (8) Because the declaration is in other respects the said plaintiff, hath been and is greatly in- uncertain, informal and insufficient.”. jured in bis said good name, fame and credit, This demurrer was sustained by the court and brougbt into public scandal, infamy and below. disgrace with and amongst all his neighbors The plaintiff claims, as it will be seen from and other good and worthy citizens of this his declaration, that these articles and the picState. And the said plaintiff bath been and is ture impute to him, among other things, these by means of the premises otherwise greatly in three thiogs: first, that he had, for bad and jured, to wit, at the place aforesaid. And for corrupt motives, induced the Legislature to that, whereas, the said plaintiff was always re- pass a bill designed to enrich a certain number puted to be a person of good fame and credit, of persons at the expense of the City of Detroit; and had deservedly obtained the good opinion, second, that he, as a member of the Legislature, and enjoyed the respect and confidence, of all had accepted and received bribes, and was corbis neighbors, and all other persons to wbom rupted thereby in bis oflicial action in respect he was known, yet the said defendants, well to the bills pending in or passed by the said knowing the premises, and contriving, and House of Representatives; and, third, that he wickedly and maliciously intending, to injure bad, by the giving of a bribe, or by other corthe said plaintiff in said good fame and credit, rupt means, ivfluenced or controlled the giviug and to bring him into public scandal, ridicule of votes by members of said Legislature. and disgrace, on, to wit, the 8th day of May, The second imputation does not follow from 1889, did publish, and cause and procure to be the articles, or any language contained within published, of and concerning the said plaintiff them, or from the picture, and was so admitted a certain false, scandalous, malicious and de- upon the argument in this court by plaintiff's fanıatory libel in a certain newspaper known as counsel. But we think that the first and last imputations are found within the articles. The him, at the expense of the taxpayers. And plain meanings of the articles are: first, that we are satisfied that if the charge made against Mr. Ranuall uid not go to Lansing as a member Mr. Randall in this respect be true, he deserves of the Legislature to serve the public, and so the scorn and contempt of every good citizen, publicly expressed himself, but that he went and would receive it. Consequently, if untrue, there alone for the purpose of passing this it is libelous, and has damaged him in the esti. boulevard bill, to enrich himself and his co- mation of good men and honest citizens, and partners in the boulevard scheme at the ex- whom we believe to be yet largely in the mapense of the people of the City of Detroit; and, jority in every community in our State. It is secondly, that the Legislature was of such a equally libelous, if untrue, to state that Mr. character that they were grasping for boodle Randall accomplished the passage of this boule(meaning money), and that the members were vard bill by keeping open house, with liquors susceptible of bribery, in the shape of liquor (which is the true and plain meaning of these and money, from those interested in the pass- publications), or that he did it by the use of age of bills, and that Mr. Randall, taking ad- boodle. vantage of this characteristic of said members, The inducement in the declaration was suf. used both liquor and money to accomplish the ficient. It is the office of the inducement to passage of this bill, which was to put money parrate the extrinsic circumstances, which, in bis own pocket at the taxpayers' expense. coupled with the language published, affect
The picture itself is capable of but one its construction, and render it actionable; meaning, and that is that Randall's monument where, standing alone, and not thus explained, should show that liquor and money was the the language would appear either not to concern source of bis Napoleon-like success in passing the plaintiff, or, if concerning him, not to affect the bill. This is libelous, if not true. It is bim injuriously. It is a statement of the facts gravely argued that men are elected to the out of which ihe charge arises, or which are Legislature and to the Congress of the United necessary or useful to make the charge intelSiates at every election, avowedly in the inter- ligible. Here the inducement shows Mr. Ran. est of private schemes of plunder, and not in dall to have been a member of the Michigan the interest of the public, to represent corpora- House of Representatives from the City of tions and other bodies or associates of men for Detroit, and the introducer of the boulevard their financial advancement and profit, without bill, or a bill authorizing the common council reference to the interests of the people at large, of the City of Detroit to raise money to imor even the constituency of the member so prove the boulevard. With this showing the elected; that there is nothing illegal in this, be- articles are intelligible, and their actionable cause there is no law or statute providing that character apparent. a member shall lose his seat by so doing; that Nor was there necessity of any innuendoes. it is at least perfectly legal for a member of the As said in Bourreseau v. Detroit Evening Jour. Legislature io devote bis whole time and ener- nal Co.: "If the meaning of the publications is gies as such member to enrich bimself, or the plain, therefore, no innuendo is needed. The class or corporation he represents, at the ex- use of it can never change the import of the pense of the public. If there is now no law words, nor add to por enlarge their sense." against such action by a member of the Legis. See 63 Mich. 430, 6 West. Rep. 151. lature, it is high time that statutes be enacted The court erred in sustaining the demurrer. looking towards not only the unseating of a The judgment of the court below is therefore member guilty of prostituting bis bigb place to reversed, and the demurrer of the defendant personal and corrupt greed, but providing also overruled. The record will be remanded, and a punishment for such misconduct. Be that the usual time will be allowed the defendants as it may, bowever, we are satisfied that pub- in which to plead to the declaration if they so lic sentiment is not yet such as to look with desire. Costs of this court, and of the deeither favor or complacency upon a member of murrer in the court below, will be granted the Legislature whose whole avowed aim and plaintiff. effort is to enrich himself, or those who hire The other Justices concurred.
PENNSYLVANIA SUPREME COURT.
FARMERS & MECHANICS NATIONAL of Philadelphia, with like effect as if she were un. BANK of Philadelpbia, Plf. in Err.,
married, under the Act of March 18, 1875, extends 0.
to foreign or nonresident married women own
ing such securities. 8. Josephine LOFTUS.
3. An Act regulating the mode of trans
ferring certain securities for loans, which is (....Pa.....)
made to apply to those issued by one only of the
municipal corporations of the State, is not special 1. A State has the power to change the legislation upon the affairs of such corporation rule that the validity of a transfer of personal within the prohibition of 8 7, art. 3, of the Constiproperty is to be determined by the law of the tution, owner's domicil, so far as it relates to property
(March 10, 1890.) within its borders, and to make the transfer thereof subject to its own laws.
"RROR to the Court of Common Pleas, No. 2. The power of a married woman to sell and transfer any of the loans of the judgment in favor of plaintiff in an action to
Commonwealth of Pennsylvania, or of the City recover damages for the refusal by defendant
Philadelphia v. Perper, 16 W.N.C. 109; Beta
to transfer certain certificates of loan. Af-| A woman acquires her husband's domicil by firmed.
marriage. The action was originally brought by one Dougherty v. Snyder, 15 Serg. & R. 84; Hol James S. Swartz, who was atiorney in fact for S. lister v. Hollister, 6 Pa. 451; Green v. Green, 11 Josephine Loftus. Pending the suit an agree. Pick. 410. ment of counsel was filed amending the record Prior to 1887, a married woman could not by making Mrs. Loftus plaintiff in the place of give a power of attorney unless her husband Swarız.
joined therein. The suit was submitted to the court below Leiper's App. 108 Pa. 377. for its opinion upon a case stated in the nature The Act of March 18, 1875, gives no power of a special verdict, from wbich it appeared in to a married woman to constitute an atlurney substance that plaintiff was the owner of cer. to make transfers. tain certificates of loan of the City of Philadel- That Act is in violation of article 7 of the phia; that she was a married woman, the wife Constitution forbidding special legislation for of Henry J. Loftus, a subject of Great Britain. any city or county. She was born in Philadelpbia, and resided in that city for some years. She was married to v. Philadelphia, 21 W. N. C. 155. her husband in Italy in the year 1880, and bas All questions as to the assignment or transfer since resided with him in different places, princi- by the voluntary act of the owner of choses in pally abroad. Her husband has acquired no action are determinable by the law of the domdomicil in Pennsylvania. The property repre. icil of the owner; hence the Act of 1887 cannot sented by the certificates in question accrued to affect the rights or capacities or disabilities of plaintiff prior to her marriage.
married womeu domiciled abroad. Plaintiff executed a power of attorney to Milne v. Moreton, 6 Binn. 359; Hanford v. transfer the said loans, and placed the certifi- Paine, 9 Am. L. Reg. 553; Mulliken v. Aughincates in the hands of her attorney.in-fact, and baugh, 1 Penr. & W. 124; Speed v. May, 17 Pa. on December 6, 1888, sbe sold a part of such 91; Lar v. Mills, 18 Pa. 186; Steel v. Goodirin, certiticates.
4 Cent. Rep. 659, 113 Pa. 291; Crapo v. Kelly, By an ordinance of the councils of the City 83 U. S. 16 Wall. 610 (21 L. ed. 430); Kohne's of Philadelphia of February 16, 1872, the de. Estate, 1 Pars. Sel. Eq. Cas. 399; Auble v. Hafendant was made the loan and transfer agent son, 35 Pa. 261; Story, Conf. L. $ 52; Davis v. of the said city, and by an ordinance of March Zimmerman, 67 Pa. 72; Com's App. 11 W. N. 16, 1872, it was required, upon presentation C. 492; Reid v. Gray, 37 Pa. 508. and delivery to it of certificates of loan of the Messrs. Henry B. Robb and William W. said city for ibe purpose of transfer, to issue Porter, for defendant in error: and deliver to the transferee a new certificate. The Act of March 19, 1875, specifically con.
The plaintiff, through her attorney-in-fact, fers the right contended for by the defendant presented to the defendant the said certificates in error. of loan, with the power of attorney, for the Contracts respecting public funds or stocks purpose of obtaining the transfer of the loans the local pature of which requires them to be to the purchasers. Thereupon the defendant carried into execution according to the local refused to make the said transfer, assigning as law, are an exception to the rule that the law the reason for its refusal that the husband of of the domicil applies. the plaintiff bad not joined in the power of at- Milliken v. Pratt, 125 Mass. 374; Scudder v. torney so executed as aforesaid.
Union Nat. Bank, 91 U. S. 4C6 (23 L. ed. 245); It was further agreed that if upon the facts Brooke v. New York, L, E. & W. R. Co. 108 Pa. plaintiff was entitled to have the transfer made, 529; Tenant v. Tenant, 1 Cent. Rep. 596, 110 judgment was to be entered in ber favor; other Pa. 478; Brown v. Camden & A. R. Co. 83 Pa. wise judgment to be entered for defendant. 318; Pritchard v. Norton, 106 U. S. 124 (27 L.
Judgment was entered for plaintiff upon ed. 104); Cail v. Palmer, 116 U. S, 98 (29 L. ed. the ground that during the life of a married 559); Mullen v. Morris, 2 Pa. 85; Allshouse v. woman the law of the situs of ber personal Rimsay, 6 Whart. 331; Wharton, Conf. L. property alone controls in the matter of its use, S 401; Story, Conf. L. & 233. enjoyment and disposition, and bence that the Married Persons' Property Act of June 3, 1887 Mitchell, J., delivered the opinion of the (Pub. Laws, 332), which enacts that every mar- court: ried woman shall bave the same right to dis- The settled general rule is that the validity pose of her property, real and persoval, and in of a transfer of personal property is to be deterthe same manner as if she were a feme sole, furmined by the law of the domicil of the owner. nisbed the rule for making the transfer in this And this is especially so in regard to the capac: case.
ity to pass the title in cases of infants, married Also upon the ground that the certificates of women or others who may be under legal disloan were contracts to be performed in the City abilities varying in different countries. “A of Philadelphia; that the law of the place married woman's capacity for the alienation of of performance should be applied in the en- movables depends in general upon the law of forcement of the contract; and that the enforce-ber domicil.” Dicey, Domicil, Rule 38, p. 195. ment necessarily included the right to transfer The defendant in error, though by birth a the claim and to appoint an attorney for the citizen of Pennsylvania, by her marriage lost purpose.
her domicil here, and acquired the domicil of Thereupon the defendant sued out this writ her husband, wbich is English. It is entirely of error.
clear, therefore, that her general rigbts, capacMessrs. R. L. Ashhurst and Rowland ities and disabilities as a married woman, in Evans, for plaintiff in error:
regard to her personal property, are governed by the laws of Great Britain, and are not af. Even Dicey, a common-law writer whose fected by the laws of Pennsylvania. No assist clear and accurate pages are refreshing as the ance, therefore, in the determination of this blue sky after the foggy disquisitions of Story case can be got from the Act of June 3, 1887 and Wharlon, generalizes the rule as to credi(Pub. Laws, 332). That Act relates to the tors to wbich the Pennsylvania Cases above rights and powers of married women over the cited adhere, in this form: “Where there is a control and disposition of their separate prop- conflict between a title under the law of the eriy. But the only married women whose country where a movable is situated, and under rights and capacities the Legislature of Pend- the law of the owner's domicil, the lex situs will sylvania has any power to regulate are tbose in general prevail.” Dicey, Domicil, Rule 57, within the Commonwealth, and it cannot be p. 202. assumed that the Act was intended to apply to In accordance with this tendency the Legisany otbers.
Jature of Pennsylvania, by Act of March 18, How far the lex loci contractus might affect 1875 (Pub. Laws, 24), declared that it shall be the rights of property arising therefrom, it is lawful for any married woman owning any of not necessary to consider, as the marriage in the loans of this Commonwealth, or of the City this case took place abroad, and the busband of Philadelphia, etc., to sell and transfer the did not even by the place of the contract be. same with like effect as if she were unmarried. come subject to the laws of Pennsylvania. This Act rules the present case. lis intention
But wbile the general rule as above stated is is not so much to enlarge the capacity of a marentirely settled, not only in this State, but in ried woman to deal with her properly as to reg. every jurisprudence founded on the common ulate the mode of transfer of certain kinds of law, yet it is subject always to the power of property owing their existence to Pennsylvania the State to declare otherwise as to any prop- law, and having their legal situs in this Comerty having an actual or legal situs within iis monwealth. Being a regulation of property, borders. The title and mode of transfer of made for the public safely and convenience in land are always governed by the lex loci rei the transaction of business, it is applicable to silæ, and personal property may be assimilated all owners of the classes of property named, to land in these respects whenever the law of though it may thus incidentally enlarge the apy State so determines.
powers of some foreign or nonresident married În Milne v. Moreton, 6 Binn. 353, 351, Chief women. The direction is peremptory and with Justice Tilgbman said: “ The assignees stand out exception that the transfer shall have the upon this principle, that personal property has same ellect as if she were unmarried, and as the po locality, but is transferred according to the purpose of the Act is the public convenience, law of the country in wbich the owner is dom. no construction should be given to it which iciled. This proposition is true in general, but would operate against that purpose. The aunot to its uimost extent, nor without several thority to transfer, therefore, must be construed exceptions. In one sense personal property has to carry with it all the necessary powers to locality, that is to say, if tangible, it has a place mike it effective, and among these is ihe power in which it is situated, and if invisible (consist to do it by attorney. ing of debis), it may be said to be in the place The same considerations dispose of the obwhere the debtor resides, and of these circum-jection to the constitutionality of the Act of stances the most liberal nations bave taken ad-1875, that it relates only to the loans of the City vantage, by making such property subject to of Pbiladelphia among municipal corporations. regulations which suit tbeir own convenience. The Act is not a regulation of the affairs of the In cases of intestury, the property is distributed City of Philadelphia, within the meaning of according to the law of ibe domicil of the in- art. 3, § 7, of the Constitution. As already testate. But yet, so far as concerns creditors, said, it is the regulation of the mode of transii depends on the law of the country where it fer of certain kinds of property for the public is situated. . . . Every country bas the right business convenience. It includes the loans of of regulating the transfer of all personal prop- the Commonwealtb itself, and of all corporaerty within its territory, but when no positive tions chartered by its authority; and the power regulation exists, the owner transfers it at his to include such city loans as the public conpleasure." And see observations of Gibson, venience required is nowhere prohibited to the Ch.d., in Mulliken v. Aughinbaugh, 1 Penr. & Legislature. W.124, and in Speed v. May, 17 Pa. 94; of King, In the view we have taken, it is not necesP.J., in Re Merrick's Estate, 2 Ashm. 485; sary for us to consider the power of Mrs. Lofius Smith's App. 104 Pa. 281, and Bacon v. Horne, under the English Statute of 45 and 46 Vict., 123 Pa 452, 2 L. R. A. 355.
chap. 75, further than to say that that Act apindeed it may be said that the tendency of pears to confer upon married women ample modern authorities, under the influence of the authority to make transfers such as the present. European continenial jurisprudence, is towards But as the construction of foreign statutes is a the recognition of the law of the situs to such matter tbat courts never enter upon umless aban extent that what was an exception is tend-solutely necessary, and as the plaintiff's authors ing to become the rule. See nite to the lateity, under the Act of 1875, is clearly sullicient, editions of Story, Conf. L. $ 383; Wharton, we rest the case upon that Act. Copf. L. SS 316-353, and cases there cited; Judgment affirmed. Westlake, Private Internat. L. & 141. 7 L. R. A.