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New Books and New Editions.

The Woman's Manual of Law. By Mary A. Greene, LL. B., of the Providence, R. I., Bar. New York, Boston and Chicago: Silver, Burdett & Co., 1902. This book presents in a clear, simple, yet entertaining manner, those principles of law governing the business world and domestic life which every woman should know. To-day, when there are numberless women wage-earners and many women capitalists, it is more necessary than ever before that women should know the laws governing the holding and management of property. Ignorance of legal

rights and liabilities is likely to cause financial loss. This manual contains just what business women need to know. The information is condensed as much as possible, and there are no unnecessary finespun details of legal logic. The book is the result of years of experience as lecturer upon the subject of which it treats, not only before seminary students and club women, but also before working girls' clubs and mothers' meetings.

Three preliminary chapters are given up to laying a foundation for an intelligent understanding of the matter to follow. The entire cycle of a woman's life, from her marriage to the grave, is passed in review in successive chapters. First the laws affecting the domestic relations are considered. Then follow those dealing with buying, selling, and care of all kinds of property, in every case the peculiar legal restrictions upon the powers of the woman who is married being considered. Lastly, the proper disposition of property by will and by the laws of inheritance is treated, including the rights of the widow or the widower in the property of either. Naturally much space is given to the law of domestic relations. Questions concerning the wife's right to make purchases for herself and have the bill charged to her husband, questions as to the mother's right to the custody of her child and her liability for its support, questions as to the right of the husband's creditors to take the wife's property, questions as to whether a wife can will away her property, etc., which are of vital interest to every woman, are adequately answered in this book.

The Government of New York; Its History and Administration. By William C. Morey, Ph. D. New York: The Macmillan Company, 1902. This is one of the excellent series of Hand-books of American Government, edited by Lawrence B. Evans, Ph. D., and published by the Macmillans. It is a condensed yet comprehensive survey of the government of New York in respect to its historical growth, its structural features and the administrative work which it performs for the benefit of the people. The volume is intended to be not merely a text-book for pupils in schools, but a guide book for all who wish a comprehensive survey of our State institutions, with suggestions for a more thorough study of the subject. As such, we heartily commend it.

Eagle Blood. By James Creelman. Boston: The Lothrop Publishing Co., 1902.

This is a virile novel that will be read by men and women with equal interest. In it the author preAmerican citizen, out of true affection for this counsents to us an English nobleman who becomes an try; reaching here financially bankrupt, he becomes a reporter, and is sent to the Philippines, where the war fever, ever dormant in the Anglo-Saxon character, leads him to enlist. The British lion's blood is thus easily converted into the blood of the American eagle. In his sketches of active service in the islands, Mr. Creelman does some of his best work; but he is equally felicitous, perhaps, in his tribute

to American womanhood. It is a book of movement, strenuousness, and not without touches of humor. There is life and color in it; altogether, "Eagle Blood" makes excellent reading. The Henchman. By Mark Lee Luther. New York: The Macmillan Company, 1902.

Mr. Luther has given us in this work a splendid study of modern politics. The hero, who starts in life in a small country town, without advantages, save his own intellect and ambition, finally reaches the gubernatorial chair. His struggles, temptations, failures, successes are portrayed with real power and not a little genuine humor. The study of "Old Silky," the boss of the party to which the hero belongs, is admirable, and the original will probably be guessed without much difficulty. Mr. Luther's style is rather out of the common, and the book altogether is one of the best "political novels" we have had this year. The story discloses the political life of New York State. The plot turns upon the evolution of a governor of the whole people from a man adept in all the baser arts of an unscrupulous party machine. The story is of his rise from county intrigue in the sandstone region of western New York to national prominence and the threshold of the presidency. He is opposed by the Reform Party, and his action throughout is influenced by two women, one a young girl, the other a married woman. The plot is well worked out, and apart from its strong appeal to the reader of fiction is likely to captivate the leisure hours of many a busy man who has his own views on the effect of politics on character, and on the influence of women in the political field.

The Splendid Idle Forties. By Gertrude Atherton. New York: The Macmillan Company, 1902. Besides the stories which were originally published under the title of "Before the Gringo Came," the book contains a number of new stories, and is illustrated by Harrison Fisher. In its entirety the volume contains the full social history of California under the Spanish and Mexican rule. Californians have long looked upon Mrs. Atherton as the best social historian of her State. One or two of the stories are true, the rest purely imaginary, but all are accurate pictures, true to the traditions and cus

toms of the times in those fine old days before the Spanish were driven out of California, and the whole fabric of the life was, as it were, part and parcel of what can only be seen now in some of the remoter parts of old Mexico. The book really forms a very complete picture or collection of pictures of the social life and arcadia of early California. The stories will be found extremely entertaining.

New England and Its Neighbors. By Clifton Johnson. New York: The Macmillan Co., 1902. Like his preceding volumes on England and other countries abroad, this deals primarily with the life of the farm folk. It is a record of rustic characteristics, pleasures and troubles, aspirations and whimsicalities, of the homes and little villages, and the conversation of the people. It has to do exclusively with the northeastern portion of the United States, and thus to a peculiar degree is a book of the Yankee. Their ways and their environments have never been more graphically and faithfully depicted. It will appeal with especial force to all those who in childhood or in vacation days have themselves seen something of country life in this section. The text is accompanied by over one hundred illustrations, which give charming glimpses of many varied phases of rural life and nature.

Literary Notes.

Walter Sichel's "Some Phases in Fiction" in The Living Age for October eleventh, touches a subject of perennial interest and treats it freshly and justly.

The interest in Mrs. Carter Harrison's new book of fairy tales, "Prince Silverwings," has been so great that a second edition has been put to press before date of publication.

Frederic Remington, famous for his drawings of army life and Indian warfare, publishes this month, through The Macmillan Company, his first novel, which he calls "John Ermine of the Yellowstone."

Mr. F. Marion Crawford has turned to the scene of some of his greatest successes for the plot of his new novel "Cecilia: A Story of Modern Rome," which The Macmillan Company will publish this month.

"Our Benevolent Feudalism" is the title of Mr. W. J. Ghent's book, to be published this month by The Macmillan Company. The work is an elaboration of an article, "The Next Step; A Benevolent Feudalism," which appeared in the New York Independent April 3, 1902. The article attracted very considerable attention from conservatives, as well as liberals and radicals throughout America.

"The Four Feathers," Mr. A. E. W. Mason's new novel, will be published this month by The Macmillan Company. Mr. Mason fully sustains in this book his reputation as a writer of stories of action. The interest is intense throughout. The love story is sustained with much skill. The scene is the Soudan war, and the tale is one of love and heroism that will hold the interest of men and

women alike.

Dr. Edward Everett Hale's "Memories of a Hundred Years" will be published early in November in two volumes, with many portraits and fac-similes of interesting letters and other illustrations. In his long and active life Dr. Hale has been in touch with almost every prominent man and woman associated with the country's social and political history during the last century. It will be, undoubtedly, one of the most interesting biographical works published during the fall.

Mr. Jacob A. Riis' new book will be published this month. He calls it "The Battle With the Slum." It will contain about one hundred illustrations, six of which will be by Thomas Fogarty. It is a complement, and, as it were, a following volume to How the Other Half Lives." That was the pioneer tle which has been waged with those conditions, the work showing the conditions. This shows the batimprovement that has been effected, and the means which were used and which are still being used.

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Miss Beulah Marie Dix follows up the remarkable success which she achieved in her "Making of Christopher Ferringham with a story which she calls "A Little Captive Lad." The times are Cromwellian, and the captive lad is a cavalier, full of the selfish greed and pride of his caste. The plot develops round the child's relations to his Puritan relatives. It is well told with plenty of action, admirably illustrated with eight full-page illustrations by Will Gréfé.

The first volume of "An Illustrated History of Theodore Roosevelt on "The Presidency." BeEnglish Literature," by Richard Garnett and Ed-fore his nomination for the vice-presidency, Theomund Gosse, will appear next month. The complete dore Roosevelt wrote expressly for The Youth's work will be in four volumes and will be a monu- Companion an article on "The Presidency." It will mental, popular, yet scholarly treatment of English be published in the number for November sixth, literature, profusely illustrated with whatever can entertain the eye or assist the memory. A very large number of the best accedited portraits of English authors, many of them hitherto unknown to the public, will be reproduced, together with autographs, title pages, caricatures, and whatever else can add to the legitimate illustration of the subject.

this being one of the remaining weekly issues of 1902 sent free from the time of subscription to every new subscriber who at once sends $1.75 for The Companion's 1903 volume. When this article on "The Presidency" was written no one could have foreseen or dreamed even that its author would so soon be called upon to take up the duties of the great

office.

has to say possesses extraordinary interest, and will be eagerly awaited by persons of all shades of political opinion. A twenty-eight page prospectus of the 1903 volume of The Youth's Companion and sample copies of the paper will be sent free to any address. The Youth's Companion, 144 Berkeley street, Boston, Mass.

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For this reason alone what Mr. Roosevelt gard. On a certain occasion when pleading a case at the bar Mr. B. observed that he would conclude his remarks on the following day unless the court would consent to "set" late enough for him to finish them that evening. "Sit, sir," said the judge, not set, hens set." "I stand corrected, sir," said the counselor bowing. Not long after, while giving an opinion the judge remarked that under such and such circumstances, an action would not "lay." Lie, may it please your honor," says the counselor, not lay; hens lay."

Margaret Sidney (Mrs. H. M. Lothrop) has had a long and honorable literary career. Her famous Pepper books, which have delighted children of the United States for more than twenty years, are constantly in demand and show no wane in popularity. Her new Pepper book this year, "Five Little Peppers Abroad," is fully the equal of anything she has done in the past, and the demand for it at the present time is so brisk that it bids fair to run ahead of the earlier numbers of the series.

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A debate once took place among the members of the court of another State as to how long they would set to dispose of the business before them. Three weeks at last were determined on. "Why, in the name of wonder," inquired a wag at the bar, 'do they not set four weeks, like other geese!"Exchange.

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Judge Gray sought to continue what he called The November number of Lippincott's Magazine 'the old régime," the solemn state of his court. is filled with fiction, long and short, varied enough Now and then he encountered members of the bar to suit readers of all sorts and sizes. The monthly able to turn the tables on him, but not often. Henry novelette, "The Other Man," by Frederic Reddale, W. Payne was one and Sidney Bartlett, both leaders is a modern romance with the spice of mystery. at the Suffolk bar, was another. "Mr. Bartlett," From the diamond fields in South Africa the story said Chief Justice Gray, leaning back in his chair, quickly shifts to high life in England. A tragedy that it not law and it never was law." To this the happily averted makes a good end to a tale which shows those desirable gifts, marked originality and spirited style. Among the shorter stories there is one by Alice Brown, who, it is said, rivals Mary Wilkins in her portrayal of New England types. In this, "The State-House Platter," she is at her

best.

Although announced as "an abridged Parkman," or a "one-volume Parkman," the book entitled "The Struggle for a Continent," published by Little, Brown & Co., does not in any way supersede the regular twelve-volume edition of the great historian's writings. Prof. Pelham Edgar, of Victoria College, University of Toronto, who edited "The Struggle for a Continent," has simply supplied notes to give a continuous account, as far as possible in Parkman's own words, of the struggle for the possession of the American continent, beginning with the colonization of Florida by the Huguenots in 1562, and culminating in the fall of Quebec in 1759. The volume includes five hundred pages, with maps, portraits of historical personages, and other illustrations, and is especially helpful to the student and teacher.

Humorous Side of the Law.

The perplexities of our English tongue gave a chance for a fusilade of retorts in a western court. The judge was fond of indulging himself occasionally in a joke at the expense of Counselor B, a practicing lawyer in the same court, with whom he was very intimate, and for whom he had a high re

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lawyer promptly and pleasingly replied: "It was law, your honor, until your honor just spoke." If your honor please," said Payne one day, beginning a motion. "Sit down, sir; don't you see I am talking with another justice," thundered the then chief justice. Mr. Payne took his hat and walked out of the court room. A half hour afterward a messenger reached his office with a note saying that Judge Gray was willing to hear him. “I am not willing to be heard," answered the old lawyer, “until Judge Gray apologizes." The apology followed. Springfield Republican.

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Albany Law Journal.
Law Journal. services by the people of the State whom he

The Albany

A Monthly Record of the Law and the Lawyers. Published by THE ALBANY LAW JOURNAL COMPANY, Albany, NY.

has so long and so faithfully served.

The acquittal of Roland B. Molineux upon

Contributions, items of news about courts, judges and lawyers his second trial, and the fair presumption, in queries or comments, criticisms on various law questions, addresses on legal topics, or discussions on questions of timely interest, are solicited from members of the bar and those interested in legal proceedings.

[All communications intended for the Editor should be addressed simply to the Editor of THE ALBANY LAW JOURNAL. All letters relating to advertisements, subscriptions or other business matters

should be addressed to THE ALBANY LAW JOURNAL COMPANY.] Subscription price. Three Dollars per annum, in advance. Single

number, Twenty-five Cents.

ALBANY, N. Y., DECEMBER, 1902.

Current Topics.

accordance with the verdict of the jury that
the accused is innocent of the terrible charge
which for four years has hung over him, per-
haps wrecked his life, and certainly has re-
duced his heroic father to a condition of
Comparative poverty, form an excellent text.
upon which to sermonize with respect to our
present-day methods of prosecuting criminal
charges. The people, as well as the bar of
the State, are seriously considering whether
our system of conducting such trials is just
what it should be, and if it is not, what
changes should be made therein. The fact
has been pointed out that the elder Molineux,
in order to defend the honor of the family
name and prevent the conviction and execu-
tion of a presumably innocent man, has been
compelled to part with the larger portion of
the accumulations of many years of honest
labor. He is, too, a veteran of the Civil War,
having fought for the life of his country upon
many a bloody battlefield; and the conclusion
drawn that this is but a poor recompense for
those services so unselfishly given. What a
return, in other words, the State has made to
the old gallant veteran for those services, now
that he is in his declining years!

In the re-election of Judge John Clinton Gray to the bench of the Court of Appeals of this State despite the organized and powerful opposition of a great political party, there is abundant cause for congratulation. At the time of the nomination of Judge Gray by his own party there seemed the slimmest sort of chance that his canvass would be successful, and we have good reasons for the belief that Judge Gray himself was not sanguine of the result; but the people again showed themselves fit to be trusted in a great and crucial issue. That issue was the preservation of the character, authority and usefulness of the bench, free from the contamination of party politics. The result shows that the popular standard of judicial selection is as high as ever, and that it only needs full information and arousing to make sure that the standard will be applied fearlessly. The verdict of the people at the polls is that the parcelling out of State that their testimony should depend solely the places to the "faithful" shall stop short upon the facts ascertained, not influenced or biased of the bench; that there shall be no division toward either the State or accused. If these genspoils "tlemen were not paid to find certain conditions their of office. To the bar of the State of New testimony would not be so conflicting.

of seats in the highest court, as

York, and especially to the bar of New York City, the thanks of all lovers of good government are due for rising above narrow partisanship and presenting the facts of the case in their true light. The press, particularly the independent press, is also to be felicitated. And lastly, Judge Gray is to be congratulated upon his splendid run and the magnificent endorsement of his attitude and

VOL. 64. No. 12.

In this connection a correspondent of the New York Times makes some very timely and valuable suggestions, which are appended for the consideration of the thoughtful:

First. If expert witnesses are to be used they

should be so selected, employed, and paid by the

Second. The district attorney should never insist upon a conviction unless the facts permit no other

conclusion. Of late years it has seemed as if the assistants were trying to convict as if it was a personal matter, or trying to establish a great reputation for their future benefit. As officers of the State, they should be as impartial as the judge

presiding.

Third. The prisoner should have the last say to the jury, so that he might answer, if possible, every argument made to show guilt upon the proven facts.

Now he must anticipate what may be said by the district attorney. If he fail in that, even if the facts proven as to his guilt or innocence are about equal, what chance has he of an acquittal, though entirely innocent, when an able man like Osborne has the last say, if he is determined to convict? All lawyers know the advantage of the last plea to a jury. Such advantage should be given the accused, to show his innocence, and not to the State to convict.

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Fourth. If found innocent, the State should at least pay the accused the reasonable expense he has incurred in defending his name and life when unjustly accused.

Without at all endorsing all of the above suggestions, it may be said that at least some of them are worthy of being followed by the authorities. We have more than once in the course of the past few years made somewhat similar ones. The Molineux trial will be worth perhaps all it cost if there shall come as a result of it some such reform in the method of trying persons accused of crimes, particularly of capital crimes, as has been suggested.

The Supreme Court of Rhode Island recently handed down a decision of considerable importance respecting the constitutionality of the so-called Ten-Hour Law passed by the general assembly of that State in January last. The statute referred to provided that no street railway company might work its employes more than ten consecutive hours in any twelve. Its constitutionality was attacked by the companies affected, and the matter finally reached the Supreme Court, which upholds the statute by the concurrent judgment of five of the seven judges before whom the case came up. Of the other two, Judge Douglass sat silent for the reason that he is a stockholder in the corporation most directly affected, and Judge Blodgett dissented in a long and vigorous opinion. As to the construction of the act, the majority opinion

says:

twelve consecutive hours." This express intention to limit the hours is quite inconsistent with an inference to permit it by contract. If such an inference could stand it would be possible for parties to avoid the act by their simple consent, and thus to render it a nullity. The apparent purpose of the act is not to create a right in favor of the employes, which they might waive, so much as to guard the public safety from service too prolonged for alertness in the exercise of reasonable care. If this be so, the public safety cannot be made dependent upon private

contracts.

The dissenting opinion of Judge Blodget: concludes as follows:

To the constitutionality of such legislation I cannot assent, whether it is sought to be justified as a valid exercise of the police power or as an exercise of the reserved right to alter and amend the character of incorporation of the several companies affected thereby.

Section 2 of the act provides: "That it is the true intent and purpose of this act to limit the usual hours of labor of the employes of street railway corporations, as aforesaid, to ten hours' actual work a day, to be performed within a period of twelve consecutive hours, as aforesaid, whether such employes be employed by the trip, the job, the hour, the day, the week, or any other manner."

If the hours of labor in any lawful calling may be thus limited by law to ten in each day, beyond the them, it follows that they may be limited to eight or power of either party to increase, if not to diminish to twelve, or to any other number of hours in like manner and with like effect, thus substituting for the constitutional right of individual liberty of contive majority which both plutocrat and demagogue tract the transient and fluctuating will of a legislawill unceasingly strive to control and against which the individual will be powerless to defend, alike helpless whether the legislative spoliation of the employer of the industrial servitude of the employe

shall for the hour prevail.

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For the reasons above set forth, I am of the opinion that the act in question is unconstitutiona! in the particulars enumerated and is wholly void. It follows from the unconstitutionality of the act, and as a necessary conclusion, that a street railway conductor, gripman, or motorman, may freely contract for such hours of labor with his company as may be agreed upon between them.

The first section forbids an officer of a company to exact more than ten hours' work, from which an inference might arise that it could accept it if rendered voluntarily, as by contract. The second section, however, rebuts such an inference, for in that section the intent is explained as follows: "The true intent and purpose of this act is to limit the usual hours of labor of the employes of street railJudge Blodgett's reasoning seems strong, way corporations, as aforesaid, to ten hours' actual and his conclusions difficult to avoid. Besides work a day, to be performed within a period of being open to the objection of interfering

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