August 1, 1914, saw the beginning of the most stupendous struggle of arms known in the annals of warfare-a contest that tested the resources of the civilized world in men and money to the uttermost.

present case comes under that rule. | YOUR HONORS AND GENTLEMEN OF THE Thus, in Oswald v. Jones, 254 Pa. 32, BAR: an action brought against a married woman to recover the amount of a promissory note, of which she was maker, judgment was entered for the defendant non obstante veredicto, where it ap peared that defendant's husband made application to the payee for a loan to enable him to engage in a hotel business and offered his wife as surety; that the payee refused to make the loan in that form, but made it directly to the wife, knowing the purpose for which it was to be applied; that the money was in fact invested in the husband's business and the wife received no benefit from the transaction. In that case, the plaintiff never dealt directly with the wife, but exclusively with the husband.

The circumstances of the present case indicate to me that the signature of the defendant was obtained with the full knowledge of the plaintiff as to all the facts. This conclusion is sustained by the circumstance that the plaintiff was nearby, awaiting Mowery's return with the signed note. He, therefore, cannot be considered as an innocent holder of the note, even if that doctrine is held to apply in such a case.

I am, therefore, of the opinion that the rule should be made absolute, and that the judgment should be opened and the defendant let into a defense.

Rule made absolute and judgment opened and defendant let into a defense.

of the nations, with a people of wonderGermany, one of the most enlightened ful attainments in the arts and sciences, highly cultured and a leader in human progress, fell under the dominion of an unscrupulous, criminal, military olimarshaled up to that time the greatest garchy or ring. She organized and and most powerful army or military machine the world had ever seen. With utter disregard of the rights of other

nations, she entered into a war of con

She

quest, violating all obligations of honor, waged war with a savagery and brutality morality and international law. unheard of in civilized warfare. Her armies, thoroughly disciplined, and commanded by able generals, held all Europe in terror. They invaded Belgium, a country they were bound by treaty to into France; with ruthless savagery protect; rushed their mighty armies laid waste the lands, destroyed manuthey burned or looted cities, towns, and facturing plants, carried off the machinery, ruined mines, and spread desolation, and starvation and suffering among millions of men, women and children; tore thousands from their homes and drove them into slavery in foreign lands. The friends of freedom rallied to the cause of democracy and liberty and stayed the

Presentation of Portrait triumphant advance of the invading hosts

OF

LIEUT. DANIEL S. KELLER

A largely attended meeting of the local Bar was held in Court Room No. 2 at II o'clock a. m. on June 21, 1919, with Judge Landis presiding, for the formal presentation of the portrait of Daniel S.

Keller.

In presenting the portrait, B. F. Davis, Chairman of the Committee, said:

at the first battle of the Marne and saved
the world to civilization.
The war
raged on land and sea. In the east, the
undisciplined and ill-armed soldiers of
Russia were beaten and destroyed with-
out mercy. Submarines, the wolves of
the sea, without warning, sunk ships
with passengers and crews. Zeppelins
flew through the air, wreaking destruc-
tion and misery upon unoffending women
and children. In 1916 a German sub-
marine sunk the "Lusitania" with 1198
men, women, children and babes. It
was murder. It appalled America, and

treme front, gallantly and fearlessly doing his duty under terrible fire, never flinching, never thinking of himself, always by his example helping those not so strong and fearless." Was ever a finer tribute paid to a soldier than this?

Chateau Thierry has been called the Gettysburg of this war, but to my mind the greater battle of the Argonne Forest was the Kaiser's Waterloo.

from that hour the entry of our country wounded comrade, Major Parkin, who into the war was inevitable. Men and was with him when he fell, wrote of women began to organize for protection | him: "Dan met his death at the exof lives and property. Gentle women from America and other lands volunteered as nurses and performed acts of heroism for the sake of humanity. The tragic death of Edith Cavell showed a spirit of sacrifice equal to that of Charlotte Corday, who gave her life for liberty in the tragic days of the French Revolution. America entered into the conflict. From her citizenry great armies were organized and with amazing speed Lancaster County is justly proud of transported to the battle-grounds of her Bar. From the earliest days of the France and Belgium. The sons of Lan- Commonwealth to this hour it has filled caster were in the van of the rescuing with honor the highest positions of trust, army. Their heroism is a part of our whether as President, Judges of the heritage. Among them was the young highest Courts, or other civil positions. lawyer-soldier whose memory we have It has sent brave soldiers to the battlemet here to-day to honor, and by so field. The memory of these men has doing do honor to ourselves. Daniel been justly cherished. They lived their Schneck Keller, a son of Lancaster, was day and time through mature manhood. born August 15, 1894; educated in the Their faces have been made familiar to public schools and Yeates School; he us upon canvas by the skill of the artist, entered Williams College in the fall of but the unveiling of this painting to-day 1911, graduated with honors in 1915; perpetuates the memory of the young he studied law one year in the office of lawyer-soldier which must touch the Coyle & Keller (of which firm his heart of every lover of his country. father, Judge Keller, was a member), died too early to enjoy the promising and finished his legal studies at the Co- life which his education and attainments lumbia University Law School. He was opened before him; too early to see his commissioned a First Lieutenant in father elevated to the bench he adorns; August, 1917, of Co. C, 316th Inf. and too early to ever have his heart touched was made Adjutant of the First Bat- by the sight of the face of his darling talion of his regiment. As a soldier in baby; but we, who survive him and see uniform he was admitted to the Bar on the glory of his brief life, the justice of February 2, 1918. He was married the cause for which he died, which is June 6, 1918, to Frances Garrett Bran- proven by the flight of the guilty Kaiser son, of a Chester County family, who and members of his coterie from their with a little daughter, born April 2, 1919, own country to places of safety or hidsurvive him. He sailed with his regi- ing to escape the hands of justice for inment to France in 1918, and belonged volving the world in a causeless and to the great American army that turned unjust war in which 7,000,000 of men the tide of war which terminated in vic-perished and 20,000,000 were wounded. tory for the Allied and American arms. Early in September, 1918, he was sent to the front with his battalion. Four days he was in the thick of the fight in the Argonne Forest, and on September 29, 1918, fell in the forefront of battlethe first and only member of the Lancaster Bar that ever died for his country

on the field of battle.

His immediate commander

He

Their lives have opened before the world
a glorious vista, whether by the agency
of a League of Nations or otherwise, of
future peace and security to all mankind.

Judge Landis said:
GENTLEMEn of the Bar:

On behalf of your association and on and its account, I accept from your com

mittee the beautiful painting of Lieut. Daniel H. Keller, which, in pursuance of the directions of this organization, has been secured for it. Its purpose, I take it, is not alone to recall to the present members of the Bar the form with which they were familiar, but also to perpetuate in memory his gallant deeds for us and those who shall be our successors.

At the time of his death, this young man was one of the last members of the Bar in point of admission. By reason of his entry in the service of the United States, he never practiced his profession. From our knowledge of his character and attainments, we had all looked forward to his success in the practice of the law. Yet, what would have been the result of his life, had he remained with us, can only be conjectured. Having answered his country's call, he died in its defense, and his future and fame are now assured. Upon these walls, his memory will be preserved long after those who are here assembled shall have ended their labors. His friends recall a poet's words:

"Say not good-night,

Say rather thou good-by;
For thou shall sail in sleep upon a sea which
all men travel and which no man knows.
To-morrow thou wilt come again to port as
from a strange country."

PENNSYLVANIA STATE BAR ASSO-
CIATION.

The Twenty-fourth Annual Meeting. The twenty-fourth annual meeting of the Pennsylvania Bar Association was held at Bedford Springs, June 24, 25 and 26.

The meeting was unusually successful, the attendance being the largest in the history of the association; the local delegation of thirteen being the largest number of the Lancaster Bar who ever attended a meeting.

The time-honored custom of attending meeting under the trees was not followed, and the auditorium was filled to overflowing at all the meetings.

The weather was perfect and, except for a shortage of waitresses, the hotel arrangements were above criticism.

The "Club" worked beautifully and nothing was lacking but straws for the mint juleps.

The president's address, in his usual brilliant style, was on the timely subject of making Democracy safe for the United States.

convincing exposition of the dangers of the proposed League of Nations, and the last a most eloquent and interesting exposition of the faults and failings of our antiquated Court Martial system.

Three of the finest addresses ever delivered before the association were those of Senator Beveridge on "Nation or League," Attorney General A. Mitchell Palmer on "Enemy Property in the A brief reference to the picture itself United States," and Colonel Wm. T. will not, I hope, be in appropriate. The Ansell on "The Administration of Mililikeness must be conceded to be a strik-tary Justice." The first was a very ing one. The drawing, the pose, the coloring and the background seem to me, who though no critic find pleasure in beautiful pictures, to be excellent. The committee was fortunate in the selection of an artist, and she is to be congratulated upon having produced, not only a faithful, but a very artistic portrait, and one which, from what I see around me, meets with the full approval of this organization. It is a fitting tribute to one of our brethren, whose body now reposes in a foreign land.

sion raised by the reports of committees, There was comparatively little discusseveral of which were very formal and

others were recommitted.

A very interesting and enlightening discussion was, however, raised by the report of the Committee on Contingent Fees, which has been on the job for seven years. The proposed Act intended to distinguish the proper from the improper contingent fee was finally adopted after a debate on its necessity which revealed a most astounding system of "Ambulance Chasing" in Philadelphia.

LANCASTER LAWREVIEW I Super. 613.

VOL. XXXVI] FRIDAY, JULY 11, 1919. [No.37

Kiehl v. Red Rose Beneficial Association,
Appellant.

Beneficial associations - Arrears-For-
feiture of benefits- Notice - Burden
of proof.

The wife of the plaintiff was a member of the defendant association. Some Where the by-laws of a beneficial associatime prior to her death she was in arrears tion require notice to be given two weeks be- $2.85, and at the time of her death she fore a member's dues amount to an ultimate still owed $1.45. Under the by-laws, figure, and condition forfeiture of benefits"Members owing over $1.95 and having upon both the notice and the non-payment, the burden of proving that notice was given is upon the association, and in the absence of such proof, the presumption that no notice was given arises in favor of the member or his or her beneficiaries.

The burden was on the appellant to the society. It shows credits far in exprove non-payment and notice.