Imágenes de páginas


and that the insertion of the 29th of December, 1877, new promise to pay is made after a discharge, such was a mistake in the name of the mouth, and not indischarge will not preclude a recovery. Sup. Ct., the date of the year. His lordship rejected the evi | Illinois. Classen v. Schoeneman, 16 Nat. Bankr. Reg. dence on this ground, that it was seeking to contra 99. dict and qualify the legal effect of the bill. In de 2. What is, under bankrupt law. – When A obtains livering judgment, he said, “It is established that the goods of B, representing himself to possess property alteration of a bill in any material part, by the holder, which he does not possess, and such representations makes the bill so varied null and void. If the figures, induce a credit which the seller would not give withdenoting the year for this bill, are to be considered out it, A has "created” a debt" by fraud," in violamaterial, the plaintiff cannot recover upon it; and, as tion of the Bankrupt Law, section 5117, Revised Statthe amount he paid was not advanced by way of loan, utes U.S. When A obtains goods, making no other but by way of discount, in effect as a purchase of the special promise of payment than is involved in the bill, he cannot recover that either. On the other ordinary assumpsit or undertaking to pay for goods hand, if the alteration in the bill is such as not to vary purchased, but deliberately intending at the time not its legal effect, then it is not a material alteration, and to pay for them, he has "created” a debt by “fraud," does not affect the holder's rights. I am of opinion in violation of the provisions of the Bankrupt Law in the alteration of the figure 7 into a 6 was, in this case, section 5117, Revised Statutes U. S. U. 8. Dist. Ct., an immaterial alteration. In construing contracts, | Delaware. In re Alsberg, 16 Nat. Bankr. Reg. 116. words which are repugnant and insensible are to be

HABEAS CORPUS. rejected. If the year inserted in the bill had been

Discharge of bankrupt under: practice and pleading: . 1777, or 1977, it plainly would have been repugnant

arrest for fraud. - Where a bankrupt is in prison or and insensible; no one could have doubted that the

under arrest for a debt which is not dischargeable in date would have been rejected. The date of Decem

bankruptcy, the United States court, on & writ of ber, 1877, on a bill of three months, discounted in Feb

habeas corpus, will uot discharge him. “Order 27 in ruary, 1877, is also obviously a mistake, and is equally

Bankruptcy," prescribed by the Supreme Court of the repugnant and insensible, and must on that ground be

United States, for the regulation and governmeut of rejected, and the bill treated as if the date of the year

the courts in bankruptcy matters, as regards the arrest had been left in blank, in which case the law would

of the bankrupt, and petition for release, must be conhave supplied the only possible date, namely, Decem

strued as not applying to cases where the debt is disber, 1876. This is the date which the plaintiff has in

chargeable. The question to be determined is one of serted, and he has not, in so doing, altered the legal

fact, viz. : Was the debt for which the bankrupt was effect of the bill, and is therefore entitled to judge

arrested dischargeable under the Bankrupt Law, or not? This question must be determined by the court

or judge hearing the habeas corpus case, on all the legal RECENT BANKRUPTCY DECISIONS.

evidence within its or his reach. No ex parte affidavits ATTACHMENT.

made in the State courts as to character of the debt Priority between creditors : levy subsequent to attach contracted, and no evidence of want of authority in ment: dissolution of attachment. - Where an attach the State courts to arrest for the frauds contemplated ment upon property of the bankrupt for its full value by section 5117 of the Revised Statutes, will be peris dissolved by an adjudicatiou, a judgment creditor mitted to interfere with the full examination from all who has made a levy subject to such attachment is not sources of evidence of the simple fact, whether the entitled to priority as against the assignee. But debt was or was not dischargeable under the Bankrupt where a creditor has obtained a valid and effectual Act. If the debt for which the prisoner is arrested is lien by attachment, and has prosecuted his suit to of such a character, it matters not that the State laws judgment, and made an execution levy, his lien under do not give authority to arrest for the frauds mensuch levy is to be considered as prior in time to that tioned in said section 5117, Revised Statutes. It is the of other creditors who have levied attachments in the character of the debt as affected by the frauds menmeantime, and is not affected by the dissolution of the tioned in the said section which is the subject of attachments. U. S. Dist. Ct., E. D. Wisconsin. In re investigation, and not the grounds of arrest which the Steele, 16 Nat. Bankr. Reg. 105.

creditor may or may not have under the State laws. DISCHARGE.

If the debt is dischargeable in point of fact, on the Requirements as to assets : voluntary and compulsory

evidence before the court, no declaration to the concases.- In the absence of consent by creditors in volun

trary in any State proceedings will be considered. tary cases, no matter when commenced nor when the

The provisions of law in reference to the writ of habeas debts were contracted, the assets must pay 30 per cent,

corpus, sections 760 and 761, Revised Statutes U. S., or there can be no discharge. In compulsory cases,

when the petitioner claims the protection of a United if otherwise entitled thereto, the bankrupt is entitled

States law against his imprisonment, are conclusive to a discharge, irrespective of the assent of creditors on the judge or court hearing the caso, as to the admisor the amount of his assets. U. S. Dist. Ct., W. D. | sion of all legal evidence touching the right to retain Michigan. In re Gifford, 16 Nat. Bankr. Reg. 135.

in custody or discharge. U. 8. Dist. Ct., Delaware. FRAUD.

In re Alsberg, 16 Nat. Bankr. Reg. 116. 1. In purchase of goods : new promise after discharge.

JUDGMENT. -Where one purchases goods under a contract to pay Lien of, under Oregon law: docket entry. - The lien cash on delivery, and, upon delivery, ships them be given by section 266 of the Oregon Civil Code, upon yond the control of the vendor, and then refuses pay the docket of a judgment, arises from the docket and ment, such conduct may be regarded as a fraud in the not the judgment; it is a strict legal right, and must creation of the debt under section 33 of the Bankruptstand or fall by the statute which gives it. The docket Aot, and his discharge will not release him. Where a l entry is not a part of the judicial proceeding which

ends with the entry of judgment, and therefore such trator is dealing with the assets in a fiduciary capacity, entry cannot be referred to for the purpose of supply- | is not enough to raise suspicion or to put the party on ing omissions or explaining ambiguities in the docket; | inquiry, for the reason that it is their primary duty to but the latter must be complete in itself. A judgment dispose of the assets and settle the estate. A sale and which, by its terms, cannot be enforced against the transfer by them is ordinarily in the line of their duty. property of a party cannot become a lien thereon. U. The common duty of a trustee is not administration S. Dist. Ct., Oregon. In re Boyd, 16 Nat. Bankr. Reg. or sale, but custody and management for his cestuis 137.

que trust. Prall v. Tilt (Court of Errors). PARTNERSHIP.

INTEREST. Bankruptcy of one partner: rights of solvent partner: subrogation.-Where a partnership of two partners in

When one receiving money paid by mistake, not liable

I for.-One to whom money is paid and who receives it equal interest were bound as a firm as surety for a debt, and a decree was rendered against the firm for

believing that it is his due, is not liable for interest the debt, to be paid, and which was paid, out of the

upon it before demand made and refusal to pay, nor

until he shall have reason to be satisfied that he ought social assets, the firm having been dissolved, and a balance having been left due, but not ascertained by

to repay it, and shall know to whom he should pay it.

Ashhurst v. Field's Administrator. judicial judgment or decree, from one of the partners to the other, and the partner who owed the balance

MORTGAGE. having, after all this, gone into bankruptcy. Held, Of after-acquired property. — A mortgage of afterthat the solvent partner had no right to be subrogated

| acquired property can only attach itself to such to the rights of the creditor of the firm, who obtained | property in the condition in which it comes to the the decree for half the amount paid, against the indi mortgagor's hands. If it is already subject to mortvidual estate of the bankrupt partner, as against other

gages or other liens, the general mortgage does not discreditors of that partner. U. S. Dist. Ct., E. D. Vir place them, though they may be junior in point of ginia. In re Smith, 16 Nat. Baukr. Reg. 113.

time, it only attaches to such interest as the mortgagor SET-OFF.

acquires. Williamson, Trustee, v. New Jersey South. R.

R. Co. When not allowed: knowledge of suspension : compen

MUNICIPAL CORPORATION. sation: jurisdiction.- A court of equity will not aid a

Sewers in streets of city. The common council of the debtor to a bankrupt's estate to set off debts bought

city of Newark, having the power to construct drains upon a speculation of the probable dividends against

and sewers whenever the public good requires it, and the debt he owes the estate. Knowledge that a mer

to provide generally for the protection and maintenchant has suspended payment generally includes a

ance of the health of the city, may lawfully, and withconstructive knowledge of each particular suspension.

out compensation to the owners of the fee, use the A creditor who receives a composition from his bank

streets, not only for the purposes of an ordinary sewer, rupt debtor, with full knowledge of all facts, is not

but also for the drainage of any stagnant or running entitled afterward to require a set-off to be enforced

water, whenever the public health, comfort or conby a court of equity which he had opportunity to

venience will be thereby promoted. Stoudinger v. assert at the time the composition was made. The

Mayor of Newark (Court of Errors). courts of law in Massachusetts have authority to ad

PAYMENT. just credits. U. 8. Dist. Ct., Massachusetts. Hunt v.

Appropriation to contract ultra vires. – When the Holmes, 16 Nat. Bankr. Reg. 101.

appropriation of money on different contracts, some

of which are ultra vires, is made by the debtor himself, RECENT AMERICAN DECISIONS.

the payment is valid, notwithstanding the existence

of the legal objection to the contract under which the NEW JERSEY COURT OF ERRORS AND APPEALS –

work was done, and to which the money was applied. NEW JERSEY COURT OF CHANCERY-NEW JERSEY

Williamson, Trustee, v. New Jersey South. R. R. Co. PREROGATIVE COURT.*


Rolling stock on, when real estate : mortgage of rolling Transfer of stock held in pledge: presumption : exec

stock. — As between a mortgages and an execution utor.- A person holding stock in a fiduciary capacity

creditor, rolling stock of a railroad company morthas, prima facie, no right to pledge it to secure a debt

gaged with the railroad is part of the realty. Where growing out of an independent transaction uncon

the rolling stock is mortgaged with the road and its nected with the trust; and whoever takes it as security

fixtures necessary to the operation of the road, the for such a debt, does so at his own peril. A certificate

necessity which exists to use it in order to use the real of stock accompanied by an irrevocable power of attor

estate itself, the peculiar connection between the rollney, either filled up or in blank, is, in the hands of a

ing stock and the road, are themselves - if it be conthird party, presumptive evidence of ownership in the

ceded that such stock is personal property - sufficient holder. And where the party in whose hands the cer

reasons for holding that the provision of the act contificate is found is a holder for value, without notice

cerning mortgages, requiring immediate delivery and of any intervening equity, his title cannot be im

continued possession of chattels mortgaged, or filing peached. The holder of the certificate may fill up the

instead thereof, is inapplicable to such mortgages. The letter of attorney, execute the power, and thus obtain

fact that the mortgagee of chattels had taken possesthe legal title to the stock. And such a power is not

sion of them under his mortgage, before the judgment limited to the person to whom it was first delivered,

creditor recovered his judgment, will not give validity but inures to each bona fide holder into whose hands

to the mortgage as against the latter if the mortgage the certificate and power may pass. Mere knowledge

was not filed according to the provision of the act conon the part of a purchaser that an executor or adminis

cerning mortgages, and there were not immediate de* To appear in 1 Stewart's (28 N. J. Eq.) Reports. I livery and continued possession of the goods aocording to the provisions referred to. Williamson, Trustee, v. . tions, Deeds, Mortgages, etc., such as are usually found New Jersey South. R. R. Co.


in a form book. A table of cases cited and a wellRECORD.

made index completes the book. The chapter giving Unauthorized cancellation of mortgage by clerk or

the statutes concerning acknowledgments is very full, register.-The unauthorized cancellation of record of a

the provisions of the laws of the different States conmortgage by the clerk or register, without the knowl

cerning execution, acknowledgment, married women edge or consent of the mortgagee, will not affect the

and dower being briefly stated. The chapter on Negorights of the latter under the mortgage, even as against

tiable Instruments gives the law relating to acceptance, a bona fide purchaser of the mortgaged premises, with demand, notice and protest, and is a very good comnotice of the mortgage, though he has no notice that pendium upon this subject. The chapter on Commisthe cancellation was unauthorized, and presumed, from

sioners of Deeds is, however, not at all complete, and the certificate of cancellation, that the lien of the is of very little value. The forms given seem to be mortgage was extinguished. Harris v. Cook.

good, though while this part of the volume embraces SALE OF PERSONAL PROPERTY.

more than properly belongs to the subject treated, it Fraud: rescission of contract. - Where, on a sale of

does not go far enough to render it of any advantage

generally. Nevertheless, the volume will be found, as chattels, the delivery of security for the price was to

a whole, of so much use to those for whom it is debe simultaneous with the delivery of the goods, and

signed, that these short-comings are excusable. The by fraud the vendor was induced to accept a worthless security instead of the valuable one for which he had

printing and binding of the book are done in the best stipulated, and he had not waived his right to the

manner. security to which, by the contract, he was entitled,

MITCHELL ON CONTRACTS FOR SALE OF LAND. held, that he might rescind the contract of sale at any

The Equitable Relations of Buyer and Seller of Land under time after discovery of the fraud, no innocent third

Contract and before Conveyance. Two Lectures before party having become interested in the property before the Law Academy of Philadelphia. By E. Coppée

Mitchell. Philadelphia : Rees, Welsh & Co., 1877. he gave notice of his intention to rescind, and it not appearing that any injustice would be done to the

This little volume contains two lectures prepared by wrong-doer by allowing the rescission. Williamson,

the author for the Law Academy of Philadelphia, and Trustee, v. New Jersey South. R. R. Co.

delivered before that institution in April, 1877. They TAXATION.

are printed as originally written, without material

change. The author treats of the law as administered 1. Sale of lands for taxes: estate conveyed. — Under a

in Pennsylvania, and after briefly considering the gensale of lands for the payment of taxes, the estate only

eral principles of specific performance, divides his which the owner had at the time of the assessment

subject into the following heads : Requisites of Conpasses. The estate acquired by a mortgagee, prior to

tract; Effect of Contract; Effect of Liens; Effect of the assessment, is not affected by such a sale. Morrow

Sheriffs Sale; Remedy upon Contract. The lectures v. Dows.

are only intended as an outline of the subject dis2. Legislative power as to taxes. - The legislature has

cussed, but being accurate in the statements of principower to make taxes a lien paramount to all rights

ple, and also very pleasant reading, they are well which the citizen may acquire in lands, and mort

worthy the perusal of all interested in real estate law. gages or liens taken after the enactment of such laws, would be postponed to the payment of the public

WISCONSIN REPORTS, Vol. XLI. revenues. Ib. (Court of Errors.)

Reports of Cases Argued and Determined in the Supreme

Court of the State of Wisconsin, with Tables of the Cases BOOK NOTICES.

and principal matters. 0. M. Conover, Official Reporter. Vol. XLI, containing Cases Determined at the dugust

Term, 1876, and at the January Term, 1877. Chicago: PROFFATT ON NOTARIES.

Callaghan & Company, 1877. A Treatise on the Law Relating to the Office and Duties of

The cases of general interest reported in this rolume Notaries Public throughout the United States, with Forms do not seem to be very numerous, though there are of Affidavits, Acknowledgments, Conveyances, Depositions, Protests and Legal Instruments. By John Prof- several of rather more than ordinary value. Haas, fatt, LL, B., Author of " Curiosities and Law of Wills," administrator, v. C. & N. W. Ry. Co., p. 44. A boy "A Treatise on Trial by Jury," etc. San Francisco: Sumner Whitney & Co. New York: Hurd & Houghton,

ten years old was run over at a street crossing. The

train was running at unlawful speed at the time, but a THIS will be found a very useful work for those offi- | verdict in favor of plaintiff for damages for such I cers for whom it is intended, and being the only death was set aside, on the ground of the contributory one covering the same ground, or supplying the same negligence of the boy in trying to run across the track information, it will soon prove a necessary article of in front of the train which killed him. Erd v. Chicago furniture in law offices, banks and wherever the notary & N. W. Ry. Co., p. 65. Defendant was held liable for or commissioner of deeds is called upon to perform the loss of plaintiff's fence, by fire set by its engine, the duties of his calling. The author, in this volume, and the presence of combustible material on plaintiff's first gives a history of the office, tracing it from the land, adjoining the railway track, was held not to be time of the early Roman law up to the present. The contributory negligence. Richardson v. Johnson, p. following topics are then treated in the order given, 100. After an absolute sale and written assignment of Appointment of Notaries, Office and Duties, Acknowl- | all the vendor's interest in a land contract, a subseedgment of Deeds, including Acknowledgments by quent parol agreement between the parties that such Married Women, Affidavits, Depositions, Duties rela-assignment should be rescinded, or that the contract tive to Negotiable Paper, Notarial Acts as evidence, assigned should be held by the assignee merely as a Commissioners of Deeds. Then follow a large num- security for moneys due or to become due from the ber of forms, including Acknowledgments according assignor, is void under the statute of frauds. Hoyt v. to the laws of the different States, Affidavits, Deposi- | City of Hudson, p. 105. In actions for personal injuries



from defendant's negligence, the presumption is against Suppose the censured subdivision did not exist, what contributory negligence. Spelman v. City of Portage, would become of a case like the Long Branch one? p. 144. When a city constructs a street in a negligent I have read the Code carefully, and think it is far and unskillful manner, so as to prevent the waters of superior to the old Code. Most of those who condemn a neighboring river, in times of high water, from pass- it are persons who have not read it, and who hate it, ing in their natural course, and thus causes land to be not “for cause” but “peremptorily.” overflowed and injured, it is liable to the owner of the To be sure, “Old Fogy” is not one of those, for he land for such injury. Roe v. Batcheldor, p. 360. Where says " he turned it upside down and read crosswise the a vendor selling goods which he knows to be designed section.” He ought not to have turned it upside by the vendee for a particular use, warrants them to down and read it crosswise, but straight down, and be perfect, this must be construed to mean perfect for then given it a little thought, and he would have been the use intended, and parol evidence of such knowl all right.

ANTI-FOGY. edge is admissible to explain a written warranty. | New YORK, August 30, 1877. Johnson v. Harrison, p. 381. A homestead is exempt from mere personal liabilities of the owner, and a

QUERY. devisee of a deceased owner takes it free from such

NEW YORK, Sept. 3, 1877. liabilities. Goodell v. Bloomer, p. 436. A sale of a

To the Editor of the Albany Law Journal: homestead by a judgment debtor does not render it

SIR– Will you please give an answer to the followliable to sale under the judgment. Wedgwood v. C. &

ing question: N. W. Ry. Co., p. 478. The duty of a master to fur

Part 3, title 1, chap. 3, § 22 of the Revised Statutes nish safe appliances for the use of his servants, and his

provides as follows: liability for injury to his servants arising from defect

“All writs and process shall be in the name of the ive implements, is maintained. Tewksbury v. Schulen

people of this State, except where otherwise provided berg, p. 584. The legislature has power to authorize

by law." the construction of dams to improve the use of

Why are not summonses in courts of record in the navigable streams, and to allow those erecting such

name of the people ? dams to exact toll from those using the streams. The

And oblige,

A SUBSCRIBER. work of the reporter is carefully done, and the volume is well printed and bound.

[The Code of Civil Procedure, & 418, provides what the form of a summons shall be, and there is no men

tion of “the name of the people" in this form. It CORRESPONDENCE.

would appear, therefore, to come under the exception,

“where otherwise provided by law."— ED. A. L. J.] THE NEW CODE. To the Editor of the Albany Law Journal :

NOTES. SIR-I read “Old Fogy's" letter to you, published W E have received the first number of a new venture in your number of August 11, and have since been

| W in the field of legal journalism. Its title is The looking for a reply. It surprises me that none has

Texas Law Journal, and it is to be published weekly, come, for one can be given (as I think) to the utter

at Tyler, Texas, by S. D. Wood, Esq., who is editor as confusion of O. F.

well as proprietor. It is in newspaper form, having Subdivision 4 of section 438 (and indeed all the re

eight pages, and the initial issue contains several demaining subdivisions of that section) is controlled by

cisions of the courts of Texas, a decision of the Suthe opening clause of the section. That reads:

preme Court of Pennsylvania, and a number of articles "An order directing the service of a summons upon

selected from other publications. It is the intention a defendant without the State may be made in either

of the conductor of the journal to publish in extenso of the following cases."

all the decisions of the various courts in Texas State "Subd. 4. Where the defendant is a resident of the and Federal, and copious notes of cases decided elseState, and the complaint demands judgment annulling

where. If the Journal keeps up to the promise of the a marriage, or for a divorce or a separation."

first number it will make itself a necessity to the It is the word "resident” that "Old Fogy" gets so

bench and bar of Texas, and of more than ordinary excited about. He fancies that the section would

value to those of other States. bear the construction that the order might be granted

In order to correct an erroneous impression that the where a defendant was actually in the State. That is not so. The provisions would paraphrase

Court of Appeals bas ordered a new calendar for the thus: If a man is a resident of this State, but is with

September sitting, the clerk publishes the following: out it at the time the order may be granted. A man

COURT OF APPEALS-CLERK's OFFICE, I may certainly be a resident of this State and be at

ALBANY, N. Y., Sept. 4, 1877. 5 Long Branch for the season, or for a time. Now, sup

In answer to inquiries regarding the next calendar,

no new calendar will be made for September 17, on pose his spouse was in New York, diligently and

which day the court convenes. Probably none will be affectionately attending at the bedside of a maiden ordered before January, 1878, but this depends entirely aunt, aged, infirm and rich, and suppose, while thus upon progress made.

No new causes can be placed upon the present calenengaged, she discovered evidence undubitable that the

dar without a special order from the court, except aphusband at Long Branch was "cutting up," would he, peals from orders (interlocutory) entitled to be heard or would he not be, in an action properly classified as motions, which may be noticed for any Tuesday under section 438 of the Code, a resident of the State

during session, but the return must be first filed in

this office, and also a copy of the notice served, claimwithout the State. It appears to me he would. A ing preference as a motion, under class V, of rule "non-resident" is one olass of person, and a "resident XX. Criminal actions also have a preference. of the State without the State" quite another.

E. V. PERRIN, Clerk.


Mr. John F. Tobey, of Providence, R. I., and until State. The bar promptly organized the council under recently the very able Reporter of the Supreme Court this act, and the decisions of the new court, commencof that State, writes us as follows:

ing with the December term, 1876, will be reported in

accordance therewith. By the constitutional amendPROVIDENCE, R. I., September 4, 1877.

ments, adopted in March, 1877, the legislature was auYour Journal of date of September 1st has afforded

thorized to abolish tbe right of trial by jury in civil me, as usual, much reading, which is at once profitable causes of less than $100, the purpose being to empower and entertaining. The article on Law for the Dog

the court to send any cause of less than that amount Days is very amusing and interesting, but permit me to referees, and thus relieve the court of the burden to say that you do Judge Dykman an injustice iu sup | of small causes. The last legislature passed a law putposing that in quoting the appropriate verses beginning ting this in force on August 1, 1877. “The ox toils through the furrow,” etc.,

The London Law Journal, in commenting upon the he is trying to palm off some of his own verses on the profession. The author of these lines is Lord Macau

derelictions of the detective police inspectors in the lay, and they form the sixteenth stanza of that one of

metropolis, recently brought to light, says: Practically the Lays of Ancient Rome, entitled The Prophecy of

their authority far exceeds that of any secretary of Capys. Not doubting that you will be desirous of

State, or of any judge. They can leave at large whom making this correction out of regard to the learned

they please; they can arrest whom they please; they

can command any amount of evidence to prove any I am very truly yours,

charge against any one. In their hands the thief can JOHN F. TOBEY. be made to appear innocent, and the innocent can be

couvicted. In a word, they are masters of the thouA correspondent calls attention to the fact that the sands who are members of the criminal class, and can question of the constitutionality of the New Code, do with them pretty much as they like. The detectraised by a correspondent last week, is entirely ive officer who is placed in this position of power, exanswered by section 25 of art. 3 of the Constitution, posed to the temptations necessarily accompanying which exempts the work of the commissioners from such authority, and expected to do, under all circumthe provisions of section 17 of the same article. — stances, what is right, and just, and fair, is a man Our attention has been drawn to a defect in the Code almost entirely self-educated, without those incentof Procedure, which does not seem to be supplied in ives to honorable conduct which are abundantly supthe new Code. There is no requirement that the obli plied in higher ranks of society, and, what is of no gation of sureties in undertakings on appeal shall be small importance, in receipt of a salary by no means several; therefore it is joint only, and if one dies his proportionate to his responsibilities or his wants. We estate is absolutely discharged. See Wood v. Fisk, 63 recollect hearing Tanner, whose success as a detective N. Y. 245. This is a very serious omission, and should was very great, say that the great defect in the force be corrected by amendment.

was the employment of men of too humble a class in

society. He thought that the detective should be a The Evening Post has the following sensible com man of excellent education, and of good oricin, and ment on the Nation : "The Nation, commenting on

that he should be highly paid. His mind evidently the case of Judge Dillon, says that when a scandal

was directed to the employment of men of the rauk exists involving the character of a judge of a United

of officers in the army at good salaries. His expeStates court and a candidate for the Supreme Bench, rience had, no doubt, taught him exactly where the not only lawyers, but laymen perform a duty to the present system failed, and his natural shrewdness public in insisting that it be probed to the bottom.' suggested the true remedy. It must not be imagined Very good, but it is one thing to probe a scandal to that gentlemen of this stamp would decline the office; the bottom, and it is another thing to help to set it on the contrary, we believe that there would be no going without inquiry into the good or ill foundation, I more hesitation on the part of officers or men of like and, making no pretense of probing at all, to convey, I position in entering the service than there now is on by insinuations, and inferences, and assumptions, the

their part in applying for the post of chief constables impression that the story is true. The thing last in our counties and cities, if once the service were mentioned is a process of treatment of public ques | placed on a proper footing Society ought also to get tions and public men, which the Nation has contemptu- | rid of the notion that there is any thing derogatory to ously described as “journalism.'"

a gentleman in being a member of the force. It is just

this sort of notion that helps to produce the very misThe late State reporter of New Hampshire, in a let chief, which excites so much astonishment among ter to the editor of the Chicago Legal News, says: The those who do not reflect on its real origin. We need legislature of 1877 took in hand the publication of the hardly point out that recruits of the class thus indireports. They provided that the bar of the ten coun cated would add greatly to the efficiency of the force. ties in the State, meeting at the adjourned law term Linguistic acquirements, good manners, the address in each year, should establish a council of law report of a gentleman - all these things make it easier for ing; that the council should not consist of a greater the possessor to play his part; while in the selfnumber than one for each county; that all decisions | respect, social pride, and honorable feelings of such of the Supreme Court, the publication of which is re officials we should have a real safeguard against temptgarded by the court of doubtful necessity, must be ation. The maxim noblesse oblige has lost nothing of delivered to this council; that this council shall deter- its ancient strength. It has only spread itself over a mine which of them are not of sufficient importance wider area. In these directions, and not in complito justify the expense of their publication; that such cated formalties, must we seek for the solution of the decisions shall not be published in the regular series of problem which the secretary of State has already subreports but shall be filed in the office of the Secretary of 'mitted to the consideration of a committee.

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