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mitted to show his former character, or to thoroughly hypnotized, if left to themselves, prove his guilt of other crimes merely for the even for a brief space of time, will pass into a purpose of raising a presumption that he who natural sleep, from which they awaken as from would commit them would be more apt to com a nap, with all the expressions of drowsiness mit the crime in question. In People v. and temporary loss of memory as to surroundSharpe, 107 N. Y.427, the doctrine is dwelt ings and events that are evidenced by persons upon and the cases cited upon the subject col- who have slept under ordinary circumstances. lected.
This fact necessitates that, in order to keep in In the Department of Experimental Psychol-touch with this subject, the operator must keep ogy at the recent meeting of the Medico-Legal up a continual line of suggestions, otherwise he
loses control of the subject. Congress a number of interesting papers were read by distinguished authors on the subject of
Notwithstanding his apparent loss of conHypnotism, which to-day is receiving more sciousness, a person in the hypnotic state is attention from lawyers, as well as from the perfectly conscious of his condition. He is public, than any other subject connected with possessed of what is termed a double or dual, the medical and legal sciences. Judge Abram consciousness. He knows full well that he is H. Dailey, of Brooklyn, read a paper on “The doing the bid of another, but so long as the Hypnotic Power, What it is,” and Clark Bell, suggested acts do not shock his sense of proEsq., who was later on elected president of the priety and come within the bounds of physical Medico-Legal Society, read a paper on “Hyp- possibility, he will attempt their performance notism and Crime;" while Mrs. Sophia Mc- because he realizes that he is playing a part in Clellan read a paper which had for its subject, an experiment, and is anxious to add his mite *Psyche-Physiological Mechanism." Judge A.
to the sum total of knowledge upon the subL. Palmer, of the Province of New Jersey, ject. Nevertheless he is as free a moral agent presided over the deliberations of this depart-1 to follow the dictates of conscience as he is in ment of the congress, and Professor W. X.
the waking state. He obeys only in so far as Sadduth, formerly Dean of the University of the suggested acts do not antagonize the moral Minnesota, and now living in Chicago, read a
standard he set up for himself; any suggestions paper on “ Hypnotism and Crime.” His paper
that seriously affront his moral nature, if per
sisted in, will cause him to awaken. was, in part, as follows: The wide difference of opinion regarding
Criminal or immoral suggestions made to a the relationship of hypnotism and crime exist moral subject meet the auto-suggestion arising ing in this country and Europe has long been from his own conscience, and confusion is crea matter of comment. Prominent authorities
ated in his mind. His indecision is only too on each side of the water, with but few ex
apparent in the helpless expression on his face ceptions, reject the idea of the possibility of suc- and his incapacity to organize any line of processful criminal suggestions under ordinary cedure in the premises and simply remains circumstances, while many European writers passive, that is, does nothing. freely admit and deplore the supposed possible
While it is true that post-hypnotic suggesmisuse of this new-old force for criminal ends, tions can be given to a susceptible subject in although they cite no well-authenticated cases the hypnotic state to be carried out at some to prove their fears.
future time, yet the suggested act or acts must In order to intelligently discuss the subject, be in harmony with his own idea at the time it is essential that we first inquire briefly into they are given, as any suggestion given in the the nature of hypnosis. In its simpler manifes-hypnotic state that would be repugnant to the tation it is a modified form of natural sleep, subject in the waking state would invariably artificially induced, but in its more complete fail of consummation. form it compares to the abnormal condition of
The question of successful hypnotic criminal natural sleep known as somnabulism. It is also suggestion turns, therefore, on a point of morals, the natural precursor of ordinary sleep. This even as it does in the waking state, and with is proved by the fact that subjects, after being | a lessened possibility of success, for the reason
that in the hypnotic state a subject seems to sensational stories that go the rounds of cheap lose to a greater or less degree his sense of ma literature regarding theft, arson, and murder terial relationship, and cupidity and passions committed in the hypnotic state are the creaare less usually appealed to. The mind is pas- tions of diseased or ignorant minds. sive, not active, and the operator must supply In considering this subject it must be rethe motive and the physical incentive as well. membered that there are people in this world
The tendency to pass into a condition of who are negatively honest, virtuous, and gennatural sleep is ever present, and the close re-erally well-behaved people who are good belationship to natural sleep is a point of great cause they have never been tempted to be bad. interest. Prof. James of Harvard says that such persons tempted either in the waking or
we all probably pass through the hypnotic hypnotic state might or would fall simply bestate in going to sleep every night."
cause they had no indwelling force of characTo define hypnotism simply as “induced ter. Such persons are only safe in a cloister or sleep" is, however, to limit the condition; it is behind prison bars. that and more. It is a condition in which the Many years' experience with use of hypnotindividual is oblivious to outward surroundings, ism in laboratory and clinic, upon widely in the main, but quickened in power of sus- differing classes of subjects, makes me feel safe ceptibility to suggestions from the hypnotizer. in saying that under all conditions when the It is a concentration of the mind of the indi- subject is capable of carrying out a criminal vidual upon some one line of thought or phe suggestion he is sufficiently conscious of his nomena to the exclusion of all others. It is
decide whether he will carry not essential that the subject should present all out the suggestions or not. This being the phenomena of sleep; the eyes may remain open, case, he goes ahead law of intent and becomes and the person be in a complete hypnotic state, a "particeps criminis," law of intent and beand obey all direct commands with decision, comes a “party criminis," an "accessory beand yet be wholly unconscious as to what has fore and after the fact,” and should be held happened when he is roused to consciousness.equally guilty with the instigator of the crime. The mind may be compared to an automatic, | A criminal he surely is, but hardly a criminal self-registering machine that receives ideas, character” in the sense in which I have been tabulates and carries out motor impulses that accustomed to use the term. are suggested to it through the senses for the Dr. William Lee Howard of Baltimore, says sensorium to receive and apply the suggestion; that "in his experiments he has drawn the line however, the latter must be of a character that at arson and murder.” I have gone one step is within the understanding of the individual. further and repeatedly attempted to induce To give command in foreign tongue is to invite subjects to make felonious attacks on persons failure, and the suggestion of thoughts to a under the most aggravating circumstances withhypnotic subject, foreign to his ideas of right out securing the least indication of obedience. and wrong, will meet with equally negative For instance, while my subjects would stab results.
right and left with paper daggers, yet when a Constant repetition may, as in all things, real dagger was placed within their hands they educate the individual in the premises, but, as have invariably refused to use it, even when we have said before, it is very difficult to over- suffering the greatest provocation. I account come preconceived ideas. The personality of for this on the ground that a person in the acthe individual is not materially altered in tive hypnotic state possesses a dual existence, hypnosis; it is only modified, partially domi- and is perfectly conscious of what he is doing. nated, if you please, by the will of another for In most cases he will carry out the expressed the time being, but only so far as his own ideas wish of the operator, provided it does not afwill break the relationship and arouse the indi- front his sense of propriety or seriously cross vidual from the hypnotic state. Faith in the his ideas of right and wrong. ability and the good intentions of the operator For several years I have made use of hypis an essential element in hypnotism, and the notism in surgical practice, and my experience
in this direction leads me to the conclusion to an author who has already obtained copythat hypnosis is a mental state rather than a right in one. The Canadian bill proposes to physical condition, such, for instance, as ether enact that unless the author registers the book and chloroform narcosis. Time and again at Ottawa on its first publication, and reprints have I had patients who responded to all the it in Canada within one month, he forfeits his tests of hypnotic anaesthesia before the opera- property in the product of his brain. Any tion, when called upon to face the actual ordeal Canadian publisher is then entitled by this bill came out of the hypnotic state, the fear of the to print the author's book without his consent, operation being a stronger suggestion than that
to publish it in any form and at any price. An of the operator, consequently the subject illusory tribute to the right of the despoiled awakened, obedient to the law of self-preserva-author is tendered in the shape of a ten per tion, which is never set aside, even in the pro
cent royalty on sales. The practical effect of foundest hypnotic state.
this would merely be that the author would In conclusion, let me reiterate
have a right to sue a Canadian publisher, as no proposition : Given a criminal or immoral sub
sum of money need be paid before publication. ject and a hypnotist of like character, and
Setting aside, for the moment, consideration criminal or immoral results may be obtained. of the rights of the author implied in the tranBut shall a natural force of greater potency be sactions contemplated by the bill, it will be condemned simply because it may be occasion
seen that by no constitutional fiction can the ally misused ?
imperial government escape international re
sponsibility for its assent. Its assent must be Many comments have been made by us in given, and the Imperial Copyright Act of 1866, relation to the matter of international copy- which applied the Berne Convention to British right which has been largely discussed during dominions, must be repeated as far as Canada the past year, and which is a matter that be- is concerned. Once this step were taken, the comes of more and more interest yearly to pub- United States would be obviously within its lishers and lawyers in the United States. A
right in denouncing the copyright agreement very excellent article appears in the LAW with Great Britain. For that agreement was JOURNAL to the following effect:
made on the assumption that the status quo on The issue presented to the imperial govern the British side was to be maintained unimment in connection with Canadian copyright is paired. If the imperial government is now to not merely of constitutional but also of inter- sanction a reversion to the state of free piracy national importance. It affects the relations of in books on the part of the only serious rival the imperial government to the United States to the United States in the publishing trade, in an especial manner, and to all the powers then the United States can, and most probably signatory to the Berne convention generally, will, declare that an essential condition of the though less directly. Nevertheless, the Cana- copyright agreement has been violated. That dian Minister of Justice presents the question this is no imaginary result may be seen from of Canadian copyright as if it were merely one the emphatic declarations of the American of constitutional law and practice, as between
press. the local Legislature of Canada and the im
As regards the Powers signatory to the Berne perial ministry. Canadians, the minister said, convention, they certainly would be entitled to must know whether the unanimous will of the regard the authority of that international comDominion House of Commons was to be re pact as weakened should the British governspected by Her Majesty's officers in London. ment, which played so great a part in its nego
The Canadian Copyright Bill of 1889, from tiation, now declare in effect that the principles which the assent of the imperial government invoked to secure adhesions to the convention has hitherto been withheld, proposes in effect are to be set at naught on behalf of the trade to abrogate the Berne convention of 1885, so interests of Canadian printers. The case is far as Canada is concerned. The purpose of worse, as regards the Canadian share in this that convention, to which Canada formally ad-transaction, from the fact that a protocol of the hered, is to secure copyright in all the States Berne convention gave Canada and other
British colonies twelve months within which to college, and Columbia college law school.
He signify a wish not to be parties. Canada, far was admitted to the bar in New York city in from denouncing, formally adhered to the con 1872, and was thereafter an assistant United vention; and by that adherence has placed the States attorney for the southern district of New imperial government in the position of being York under Colonel George Bliss, district atobliged to take part in any Canadian repudi- torney. Since then Mr. Smith has had an exation of the international duties imposed by tensive experience in law reporting, especially the convention on all British communities. as editor of the Central Reporter. The constitutional arguments adduced on the
During the existence of the second division side of the Canadian bill, and on which the ad- of the Court of Appeals Mr. Smith filled the vocates of the bill take their stand, hardly re office of remittitur clerk, and since the dissoluquire a moment's consideration. It is said that tion of that body has been connected with the as the British North America Act of 1867 con office of the clerk of the Court of Appeals. ferred on the Dominion Parliament powers of Mr. Smith's appointment gives great pleasure legislating on Canadian copyright, therefore, the to the many persons who are thrown into daily bill of 1889 should be sanctioned by the imper- contact with him. He vacates a $2,000 posiial government without demur. To this be it tion in the clerk's office upon assuming his new sufficient to reply that the Colonial Laws Vali- duties. dity Act of 1865, while enabling colonial legislatures to pass laws contrary to the common
It is a matter of more than passing interest
to contrast the amount of legislation passed by law of England, expressly reserved the author
the recent Parliament in England with that of ity of an imperial statute to override local leg
the New York Legislature of 1895. islation; and this, of course, bas always been
It may be the constitutional theory. The imperial stat
surprising to know that only fifty statutes were ute of 1886, therefore, presents an inseparable turned out by the two parliaments in England
in 1895, while 1045 were passed by the Legisbar to the validity of the Canadian bill. But,
lature of 1895 and signed by the Executive, and apart from this, the Canadian government, by a deliberate act, accepted the Berne convention, many more prevented from becoming laws by and so has entailed on the imperial govern- session. “Amongst the forty-four (passed by
the action of the governor at the close of the ment the responsibility of sanctioning an act of
the old Parliament) the more important are the which it disapproves, should Canada be allowed
Factories and Workshops Act, the Summary to impair the British acceptance of the conven
Jurisdiction Act, the Married Women Act, the tion.
To the constitutional .argument recently put Mortgagees' Legal Costs Act (materially affectforward by a Canadian minister - that Cana- ing solicitors), the Friendly Societies Act, the dians are entitled, if they choose, to misgovern Law of Distress Amendment Act, the Judicial themselves — it is enough to point out that no
Committee Act (which chiefly concerns the theory of home rule can sustain the proposition colonies), the Shop Hours Act, and the Market that Canada has a right, not merely to misgov - Gardeners' Compensation Act. Both Parliaern itself, but to involve the imperial govern
ments have happily refrained from passing as ment and British citizens generally in interna- local and personal acts statutes which ought to tional responsibility.
have been passed as public general acts, as was so notably the case last year in the passing of
the London Building Act and the Thames ConThe judges of the Court of Appeals appointed servancy Act." No act of Parliament of 1895 Edmund H. Smith, of Albany, as State reporter, is of more interest to American lawyers then to succeed the late Hiram E. Sickles. The the Mortgagees' Legal Costs Act, which allows salary of the office is $5,000, and the perquisites a solicitor advancing money to his client on are said to be equally as large.
mortgage to charge for the preparation of the Mr. Smith is the son of Judge John C. Smith, mortgage as if he were not his client's solicitor. of Canandaigua, and was born in 1848. He The cases which necessitated this act will be was educated in Canandaigua academy, Hobart found noticed by Mr. Justice Kekewich in
Eyre v. Wynn-Mackenzie, 63 L. Jour. Rep. afford some aid in solving some of the problems as Chanc. 239.
'It is now well settled' said the to legislation on the subject of corporations, and learned judge in that case, “that a solicitor- changes that are pressingly needed in the law regu
lating them. mortgagee cannot charge profit costs as against his client for business done in connection with
This is an age of corporations. It is estimated
that there is to-day four-fifths of the entire wealth the mortgage, and I need not refer in detail to of this country in their hands. They have become the cases which were cited in argument. Set the instrumentalities of almost all business entertled or not settled, the rule was, we believe, prises, not merely in the department of transportaa comparatively recent one, and is one of the tion and the operations of public uses, but in agrimost unjust instances of judge-made law which culture, in land-holdings, and in ordinary mechanhas come under our notice. The new act, ical, manufacturing and mercantile business. which came into operation on July 6 last, the
Legislation began, under the Constitution, with date of the royal assent, is partly retrospective
a careful specification of the purposes for which and partly not. Section 1, which provides that
corporations should be organized. These
steadily increased, until by Act of April 6, 1894, a solicitor-mortgagee may recover his charges section 3235 was amended so as to authorize corpojust as if he were not a solicitor, applies only rations for all purposes, except for carrying on proto mortgages made after the commencement of fessional business, but limiting corporations for buythe act. Section
2, which provides that a solici- ing and selling real estate to twenty-five years. tor-mortgagee may recover costs for subsequent Under this authority, there is no conceivable busibusiness in relation to the mortgage, is very ness purpose, from the manufacture of a pin to the properly retrospective.”
construction of a transcontinental railway, from the
sale of Ayer's Pectoral or Thompson's eye water to JUSTICES OF THE APPELLATE DIVISION
the largest mercantile establishment in the world, OF THE SUPREME COURT, DESIGNATED
from putting in use the patent of the “hump hook BY GOV. MORTON.
and eye” to an ocean steamer, from a flour mill at
home to a mine in South Africa or a plantation in First Department.—Presiding justice, Charles H.
the Sandwich Islands. They are used for every Van Brunt; associate justices, George C. Barrett,
purpose and in all lands, and indeed upon all seas. George L. Ingraham, Edward Patterson, Morgan J.
It would be a curious inquiry to examine the variety O'Brien, Charles C. Dwight, Pardon C. Williams. of corporation certificates on file in the office of the
Second Department. - Presiding justice, Charles Secretary of State. E. Brown; associate justices, Edgar M. Cullen, Along with this rapid development of corporaWillard Bartlett, Calvin E. Pratt.
tions in every business use have grown up abuses Third Department, which includes Albany. - that the interests of society imperatively demand Presiding justice, Charles E. Parker; associate jus- shall be reformed; and the measures that may be tices, D. Cady Herrick, Judson S. Landon, John R. required for this purpose call for the most careful Putnam.
examination with the view to preserve what may be Fourth Department. —Presiding justice, Georgenseful, as well as to correct what may be mischievA. Hardin; associate justices, William Rumsey, ous, in the use of corporations. David L. Follett, William H. Adams, Manly C. The laws of this State, enacted since the adoption Green.
of the Constitution of 1915, have been, in a great PRIVATE CORPORATIONS.
degree, acts provided from time to time to meet
new emergencies, or to answer special demands, BY HON. WARNER M. BATEMAN.
and, as a consequence of such fragmentary work, (A Paper read before the State Bar Association of Ohio. ) the legislation, as it noir stands, is an insullicient THE subject that has been assigned to me for dis and unbarmonious patch-work; a mottled and ill
cussion to-day is that of “Private Corpora- | assorted accumulation of laws and amendments, tions.” I am too entirely mindful of its magnitude made without reference to previous legislation, with and complexity to attempt a discussion of all, or out care or guard against abuses, devised to promote even a very considerable portion, of the topics the some new business scheme, or to escape some insubject suggests. They involve the management convenient restrictions. One interest only has been of the greater portion of the business of the coun consulted in their passage—that of the special protry, and the most difficult questions of public policy ject to be served. No plan has been pursued, no which our people to-day have to solve. I can only principle has been followed, and, in a large measure, hope to make some suggestions that may possibly the general interest of society has been disregarded.