صور الصفحة
النشر الإلكتروني

again, but could have sued without a new request, and with her consent, is without sufficient consideration all his rights passed to his transferee. So that the to make her his creditor. Tillman v. Tillman, 50 Mo. question comes back to the necessity of a demand. 40. Sloan v. Torry. Opinion by Hough, C. J. The case principally relied on by the appellant is Soutbwick v. First Nat. Bank, 84 N. Y. 432. The case MASTER AND SERVANT--INJURIES FROM PATENT is not at all pertinent. There the defendant had “law. DANGERS-DECLARATIONS OF AGENT.-If a servant fully and innocently received the draft and the money knows of the danger in prosecuting his master's work, paid thereon.” He was not and could not be put in or if it is so patent that an ordinarily observant man the wrong until he had refused restoration. This dis- would have seen it, and without any assurance from dinction was drawn in Sharkey v. Mansfield, 90 N. Y., the master he continues at work, he cannot hold the 329; 43 Am. Rep. 161, and the necessity of a demand master liable if injury result to him therefrom. Citing devied where the receipt of the money was a conscious Porter v. R. Co., 71 Mo. 67; Flynn v. R. Co., 78 id. wrong. The party already in the wrong would only 292; distinguishing McGowan V. R. Co., 61 id. 528. become more so by a refusal. Here the defendant had Declarations of an agent made one hour after the ocexplicitly disavowed any obligation to H., and denied currence to which they related, held, no part of the res his ownership, and caused the stock to be sold as the gestoe, and not admissible in evidence against his prinproperty of S. What had occurred was a distinct de- cipal. Citing MoDermott v. R. Co., 73 Mo. 516. Aldvial of H.'s right to the stock or any of the dividends. ridge v. Midland Blast Furnace Company. Opinion by After such a denial it was not needed that H. should Henry, J. make a demand to put the defendant in the wrong,for it already stood deliberately and defiantly in that attitude. Its action was equivalent to a refusal to pay any one except its own chosen transferee, whose right

INSURANCE LAW. alone it recognized. H. himself and his assignee were not bound to make a demand. The refusal was already LIFE-ALLOWING TO LAPSE-RIGHTS OF BENEFICIcomplete by the defendant's own action. It was of no

ARIES—MAY CHANGE--ADMINISTRATOR.--If the insured, concern to whom H. assigned, for the denial of his

even by collusion with the company, suffers his policy right was a denial as to those succeeding to that right. to lapse, with the intention of securing another policy The defendant's complaint comes to no more than this: contairing the name of a new person as beneficiary, that having once refused, it ought to have a new op- the courts will not regard the second policy as a mere portunity to repent, solely because the right of action continuation of the first. A policy of insurance may had passed to a new owner. Our conclusion does not be considered as an inchoate or uncompleted gift from stand upon any fancied inability of the bank to pay the assured to the beneficiary. The former ought to these dividends, or even to issue sixty-one shares of be able to make it at will, or to change the direction stock, but upon the action of defendant in totally re- of its benefits. There is no doubt that there is a conpudiating the whole of H.'s rights. It is further ar- flict of authority as to the power of a person to change gued that plaintiff's remedy was an action in equity to the direction of the money to accrue in an insurance oompel a transfer on the books, or an action against on his life so as to divert it from the person named as the bank for its wrong, and to recover the damages beneficiary in the original policy. The most notable suffered. That such remedies exist does not alter

cases, and probably the ones most directly in point, plaintiff's right to pursue that which he has chosen. and which have been most generally followed, are the Each of those remedies would inevitably fall upon H.'s cases of Pilcher v. N. Y. L. Ins. Co., 33 La. Ann. 332, ownership. To compel the bank to register is to con- and Ricker v. Charter (). L. Ins. Co., 27 Minn. 195; S. cede the ralidity of the transfer and found a right upon C., 6 N. W. Rep. 771, where it is held that there is a it, and damages could only be awarded to the extent vested right in the beneficiaries in a policy of life inof the stock and dividends on the same theory. And surance which renders the policy irrevocable as to if, as we have said, H. became the absolute owner as them. The contrary rule has been held in Wisconsin, between himself and the bank, he must be awarded the Missouri, and Illinois. Clark v. Durand, 12 Wis. 248; right of an owner, whatever other remedies exist. The

Kerman v. Howard, 23 id. 108; Foster v. Gile, 50 id. condition the defendant may find itself it we need not

603; S. C., 7 N. W. Rep. 555; Charter 0. L. Ius. Co. v. consider. There are always consequences of a wrong Brant, 47 Mo. 419; Baker v. Young, id. 453; Gambs v. to a wrong-doer. Robinson v. National Bank of New Cov. M. L. Ins. Co., 50 id. 44; Swift v. R. P., etc., Assn. Berne. Opinion by Finch, J.

96 111. 309. Where a question has never been decided [Decided April 29, 1884.]

by the Supreme Court of the United States, and as to which the State authorities are conflicting, this court is at liberty to follow such authority as is deemed most consonant with what seems to be just and equitable.

It strikes me very forcibly that this policy, at the time MISSOURI SUPREME COURT ABSTRACT.*

the change was made, was at most, an inchoate or un

completed gift from Samuel P. Stevens to his wife and MARRIAGE-WIFE'S PROPERTY-HUSBAND'S DEBTS

heirs. He had the right to change bis mind. He was CREDITOR.-In the absence of evidence that property in a position where he could revoke that gift, and di: in the name of a married woman has been paid for by

rect that the money secured by this policy should go her separate means, the presumption of law is that it

elsewhere. I can see no reason why he was not as was paid for with those of the husband; and in such

much at liberty to change the direction of the money case it is not within the protection of the statute (Rev.

which would accrue at his death upon this policy, as St. 1879, $ 3295) securing to the wife the moueys arising he was to change his will in reference to the disposifrom the sale thereof. Gault v. Saffin, 44 Pend. St.

tion of any of his estate at any time preceding his 367 ; Seitz v. Mitchell, 94 U. S. 580; Weil v. Simmons, death. If the assured himself appears by name in the 66 Mo. 620; Sumner v. McCray, 60 id. 493. (2) The

policy as the beneficiary, the money accruing on the promise of a husband to repay his wife the proceeds of

policy at his death becomes assets in the hands of the lavd which belonged to her, but not as her separate es- administrator. Dist. Ct., N. D. Illinois, Dec., 1883. tate, and which has been disposed of and used by him

Union Mutual Life Ins. Co. v. Stevens. Opinion by * Appearing in 79 Missouri Reports.

Blodgett, J. (19 Fed. Rep.)

The Albany Law Journal.

of the Rolls has said that any judicial person must look with regret on the defense of infancy when

put forward by youths of nineteen or twenty. Mr. ALBANY, SEPTEMBER 20, 1884. Justice Manisty recently expressed very similar

views, adding that such a defense appeared to him CURRENT TOPICS.

a very lamentable thing. However, as the law stands, it is a perfectly valid one, and justice bids

us blame rather the regulations which afford scope E hope none of our readers will be deterred

for it. As a general matter of convenience the ab

solute atmosphere of artificiality which surrounds dress by its length. It contains references to some

the idea of a necessary' is much to be regretted. curiosities of legislation. One of the most curious

It is curious to contemplate the peculiarities of a is the Kentucky statute, allowing the lawyers in at

social status in which an ivory and silver pistol is a tendance to elect a special judge to hold court

necessary, and an air-gun is a mere luxury. Not when the regular judge is absent. “Not but that it

that it is surprising to find a flaw in the present is a very good way to get a good judge,” says Mr.

statutes. A good parliamentary authority stated Parker. We cannot agree to this; we think it is a

the other day that of the laws made within his exvery bad way to get any kind of a judge. The perience only a third were even tolerably good. lawyers alone should never be suffered to pick the

Of the remainder he reckoned one-half as inoperajudges. It will be seen, too, that Mr. Parker and tive, and the other as defeating their own objects

. Mr. Sterne, whose admirable paper we publish this

Without going so far as this, it is evident that conweek, are not of the like mind on bi-ennial sessions

stant revision is pretty often needful. The rules of the Legislature. It is a little amusing to hear, for the protection of minors have been as carefully at the same convocation, such warm praise, and

considered as any that can be cited. There have such unmeasured denunciation of the same system,

been strong principles, both of public policy and from two men of such eminence and abilities. But

of justice to guide the legislator. Yet it only rewe shall leave them to fight it out. It is a very quires one or two cases involving no special feapretty difference as it stands.

By and bye, per- tures to cast doubt on the expediency of existing haps, when we have a mind to make up, and time regulations. The other day an act of Parliament to make it up, we will come in and "settle” it.

was required for the satisfactory definition of a The Ohio experiment of allowing convicts twenty per

rabbit-hole. It is now suggested in legal circles cent of their earnings for their families or themselves

that a stricter definition of what is or is not a 'necon release is certainly novel. It sounds well in a

essary' would be quite as useful.” humanitarian sense, but our doubts and fears, like our wishes, are as Mr. Parker's. There is such a thing as making the prison too endurable, not to

A superb portrait of Secretary Folger has been say desirable — too much like “an enforced board-hung in our Court of Appeals room, over the bench. ing-house," as Mr. Parker aptly calls it. Mr. Parker | It is by Mr. Eastman Johnson, one of the best gives a very eloquent description of the physical artists of the day. It is of life size, three-quarters characteristics and resources of our country, but length, and sitting, and beyond question the best we wish he would not, like all “the rest of man

portrait in the room. This and that of Judge kind," misquote Bishop Berkley's line, " Westward

Peckham are two very picturesque works, and one the course of empire takes its way.' We also

cannot look on them without emotion, for the fate wish that the members of the association would

of the last departed was only a little less tragic pay serious heed to his sensible suggestions about than that of the former. Judge Peckham was the the usefulness of the association, The members

most superb looking man of his day, and his por may have thought that we have been at times caus- trait is like a Spanish grandee by Velasquez, or an tic and satirical in our comments on their meetings. Italian nobleman by Titian. Judge Folger was We have at least been honest, and disposed to be also an eminently distinguished looking man, and friendly, and they should remember that “ faithful the firmness of his square jaw, the power and digare the wounds of a friend.” A man's portrait fre-nity of his forehead, and the mingled sadness, quently looks less beautiful to him than his image humor and kindness of his beautiful eyes, are hapin the glass, but it is more apt to be right.

pily united with the easy pose so characteristic of the man. But there is one thing, alas! which the

accomplished artist could not give us - “the sound It has lately been held in England, we believe,

of a voice that is still”— one of the most melothat an ivory and silver-mounted pistol may be a

dious and charming that ever sounded in the ear of necessary for an infant. A pistol would certainly

a friend, but which we seem to hear as we gaze be a necessary for a Texas infant, or for the nurslings of the mining countries of the far west, but

upon the familiar features. we can hardly imagine the need of one in England. Certainly the ivory and silver appurtenances might A very experienced law publisher, a man of libwell be considered superfluous. The Law Times eral culture, too, writes us: “Glad to see what you remarks in connection with this case: “The Master | say about the citation ‘Oreg.,' which I fixed on in

Vol. 30 -- No. 12.


preparing the Lawyer's Reference Manual,' page 49. When ill-assorted marriages come to be recognized An abbreviation ought to be like a telegram, as as speculations too risky even from the mercenary brief as possible, but not so baldly brief as to give point of view, when the excuses for misconduct are room for doubt as to its meaning, either in type or made few, and when happy homes increase, we may in manuscript."

expect to see some little severity, if not primness, in

morals, take the place of that levity with which The new French divorce act has already given marriage among our neighbors has been for so long rise to several thousand suits in Paris alone. We contracted, written about, and talked of. Assurare inclined to believe that some privilege of edly this will be no bad thing." divorce ought to exist, but that the causes of absolute divorce ought to be very few. Our own State is perhaps a little too strict in recognizing no cause but adultery. Gross and habitual cruelty, and COMMON WORDS AND PHRASES. gross and habitual drunkenness with failure to support, might perhaps wisely be added. In regard ODGER. — The appellant occupied the first floor to the French law the London Times says: “How and basement of premises at a yearly rent, often have we not been moved to pity by the carrying on the business of a publisher there, but wrongs of French wives! The woman indissolu- sleeping and residing elsewhere. He had no key bly joined to a convict, to a drunkard, to a game of the outer door, which was under the control of ster, or to a debauchee, was sure to excite interest | his immediate landlord, who admitted him every on the stage or in a novel, because it was felt that morning. Held, that the appellant was not a “lodshe was a type of woman actually existing. There ger" within the meaning of the Lodgers' Goods was no maltreated heroine of melodrama whose Protection Act. Hearood v. Bone, 13 Q. B. Div. wrongs could not be matched by some story of | 179. The court said, Stephen, J.: “I come to the real life within the personal knowledge of every conclusion that it meant a lodger' in the popular individual spectator. Nobody could take up a sense of the word, that is, one who sleeps upon the French paper and read the report of judicial separ- premises. In the ordinary use of language a peration cases without asking himself, with a shudder,

son of average education would not call the appelwhat sort of lives would be led henceforth by the lant a "lodger,' because lodging in the common acwretched people who were disjoined without being ceptation of the term means living and residing at disunited, who were going to live apart but would a place; and if you went further and asked what yet have the power to tease and torment each

was meant by living and residence in general, the other. It was a monstrous feature of the old law

answer would be that the person fulfilled the dethat when a husband and wife had been judicially | scription if he slept there, that is, if he undressed separated either party might at any moment sweep and went to bed, staying there until he rose the down upon the other with a criminal prosecution next morning in the usual way. If it is asked why for misconduct. All this put a premium upon im- the act should have meant this rather than any morality. People pitying ill-joined couples lapsed thing else, the answer is that the object was to preinto easy indulgence toward matrimonial sins, and vent poor persons from having their homes broken the whole tone of society was corrupted by the up by distresses for rent by the superior landlord. fact that profligacy had to be condoned in many That view of the meaning of lodger 'seems to me cases because it was palliated by circumstances so a fair one. It would be a strange thing that all romantic and touching. But now, that an ill-used | persons who occupy rooms for business in the daywife will be able to get a divorce easily and cheaply, time are lodgers within the meaning of the act." romancers will find it difficult to make much of her MODERATE SPEED. -Eleven knots an hour in a as a heroine. On the other hand, this very plain fog is not “moderate speed” for a steamer.

Clare consideration will suggest itself to every man v. Procidence and Stonington Steamship Co., U. S. about to take a wife namely, that he ought to Circuit Court, Southern District of New York, make a good choice. This appears a truism, but it June 7, 1884. The court said, Coxe, J.: “No case has not generally been treated as such by the has been found, where this rule was under considFrench, who have rather been accustomed to look eration, which holds that twelve and a half or thirupon the indissolubility of the marriage bond as a teen miles an hour is moderate speed for a steam guarantee of the harmonious living together of vessel in a fog. On the contrary, the decisions are couples who ought never to have been united. , unanimously the other way. The Pennsylvania, 19 Again and again has the event proved that this Wall. 123, 125 (7 knots); The Colorado, 91 U. S. guarantee was illusory, but marriages continued to

692 (5 or six miles); The Blackstone, 1 Low. 488 (8 be made without any reference to the inclination knots); The Rhode Island, 17 Fed. Rep. 554 (15 or the compatibilities of the persons to be joined. miles); The State of Alabama, 17 id. 847 (8 or 8} They were called mariages de raison or de conve- knots); The City of New York, 15 id. 624 (10 knots); nunce, and they often ended in unreason and incon- The Eleanora, 17 Blatchf. 88 (between 5 and 6 venance, or else in silent sorrow and painfully con- miles); The Leland, 19 Fed. Rep. 771 (8 miles); The cealed miseries. It is pleasant to think that a hap- Bristol, 4 Ben. 397 (16 miles); The Hansa, 5 id. 501 pier time is dawning over French marrieu life. (7 knots); The Manistee, 7 Biss. 35 (7 miles).

* * *

[ocr errors]



The conclusion derived from these authorities is tions: 'Settle, in law, to adjust; to liquidate; t
this: That “moderate speed' means moderated balance, as an account; to pay, as a debt. Settle
speed; reduced speed, less than usual speed. It ment, an adjustment of accounts or claims, liquida
was not the intention of Congress that steam ves- tion, payment.' To the same effect are the detin
sels should run as fast in a fog as in fair weather." tions in Bouvier's Law Dictionary." Applegate v

SOIL, RUBBISH, FILTH.- Mud is within a statute Baxley, 93 Ind. 147.
providing that no scavenger or other person shall BEER. " Webster defines beer to be 'a fermente
sweep, rake or place any soil, rubbish or filth, or liquor made from any malted grain, with hops an
any other thing into or in any sewer or drain. other bitter flavoring matters.' In other words,
Solicitors of Metropolitan Board of Works V. Eaton, is a malt liquor, which the same author declare
50 L. T. Rep. (N. S.) 634.

to be 'a liquor prepared for drink by an infusio DEBT. · An unliquidated claim for damages is of malt, as beer, ale, porter, etc.' It may there not a

debt" within the statute of assignments fore be said that beer is a liquor infused with mal for creditors. Talcott v. Hazard, N. Y. Com. Pl., and prepared by fermentation for use as a bever 1884. "A debt,” says Sir John Cross, in Ex parte age.” Myers v. State, 93 Ind. 251. Thompson, Montagu & Bligh, 219, “is a demand STANDING BY.-" The term, standing by,' s for a sum certain." "And it is," says Commis- often used in the books and reports in discussin sioner Fontblanque, in Ex parte Marshal, 1 Mon- cases of estoppel, does not mean actual presence, o tagu & Ayrton, 118, “a sum actually ascertained. actual participation in the transaction, but it mean That there must be,” he says, an ascertained debt silence where there is knowledge, and a duty t and not an unliquidated demand or liability, is sus- make a disclosure. Anderson v. Hubble, 93 Ind. 570 tained by all the cases, legal and equitable. It must be a debt existing, and ascertained at the time of bankruptcy.

The distinction,” he says, “between debt and damages has always

ON THE PREVENTION OF DEFECTIVE AND SLII been rigorously adhered to."

SHOD LEGISLATION. “It imports," says Monell, C. J., in Zinn v. Ritterman, 2 Abb. (N. S.) 262, 263, a sum of money arising on contract, and not a mere claim for damages, in which it was held that in our insolvent acts it does not extend / WH9 better than the members of the America

Bar Association are qualified to draw attention to actions where the damages are unliquidated.” to the evils of prevailing legislative methods, to judg

FERRY. — “A ferry is a place where persons and of the efficacy,and if persuaded, to promote the remedy things are taken across a river or other stream in You are the legislative draughtsmen; you interpret a boats or other vessels for hire. Einstman v. Black, lawyers the meaning of the statutes; and as judges 14 Bradw. 381. And it was held that swimming

determine upon their conformity to the Constitution

of the State and the Union. cattle across a river is not “ferrying.”

Whether the description I shall give of the way in LITERARY OR SCIENTIFIC. — In People v. Gunn, which a law comes into existence, applies to the conNew York Court of Appeals, June 17, 1884, it is dition prevailing in his State, each one of my hearer held that a medical college is not embraced within

cau determine for himself. I shall take, as typical

the State of New York, assuming that like con the terms, “literary or scientific college or univer

ditions (differing only iv degree) prevail in our siste sity." This was put on the ground that there are

States. special statutes for the incorporation of medical The legislative body of the State of New York meets colleges. Earl, J., observes: “We are of opinion on the first Monday of January of each year, to sit so that these acts did not authorize the formation of a

long as the patience and interests of the majority may

determine, the session varying from four to sis medical college. According to the ordinary use of

months. The lower house is elected annually. A large language a medical college would not be described

proportion of the members therefore come to each ses as a scientific or literary institution. It would not sion without any legislative experience whatever be generally classified as such.”

and every second year this is equally true of the upper VOUCHER. — “ The term voucher,' when used in

house. connection with the disbursement of moneys, im

Prior to the meeting, no consultation is bad as to

the course to be pursued with reference to public legisplies some written or printed instrument in the

lation, nor are laws prepared in advance by any aunature of a receipt, note, account, bill of particu- thoritative or responsible portion of the law-makers. lars, or something of that character, which shows I leave out of sight conclaves of politicians with legison what account, or by what authority a particular lators, to commit them to some course affecting politi payment has been made, and which may be kept or

cal interests, involved in legislation to be proposed

during the session. The first few days of the session filed away by the party receiving it, for his own

are occupied with the election of speaker and the more convenience or protection, or that of the public." or less disgraceful scrambles for positions on commitPeople v. Swigert, 107 [1]. 494.

tees by persons in the interests of powerful corpora GAME. — An election is not a “game.” Schlosser

tions or political combinations. The railway agents V. Smith, 93 Ind. 83. And so, betting on an elec

are active in throwing their influence or disbursing tion is not betting on a game.

their moneys in favor of a candidate for speaker, who

will appoint the railway committee in their interests, SETTLE. -- "Webster gives the following defini- the insurance companies' agents are not disinterested

[ocr errors]

pectators in this contest and are anxious to secure any limits upon his power for evil. On the contrary it ommittees not adverse to them. The juntas of mu- would almost seem that there could be no nation, or icipal politicians in power, or those who desire to be any race of men which a few laws respectiug industry, 1), are willing to support this or that politician for the trade and finance, passed by country squires or labor osition of speaker, dependent upon his pledge to ap- demagogues, in defiance of economic principles, could oint members on the committee of cities. Thus com- not transform within a half generation into a nation of ined and corporate interests, which should engage the beasts." ratchful and jealous eye of government, and against The nisi prius trial machinery of the common law, "hose power for evil it is the province of the Legisla- which is given as an aid to a judge in the formation of ure to protect the community, are generally the most

a sound judgment and to prevent injustice, should ctive during the earliest days of the legislative ses- characterize the procedure of the law-making body 80 on to secure advantages of position, so as to prevent as to prevent them from committing the more serious nfriendly action or secure favorable measures during injuries arising from the greater consequence of their is progress.

acts. The result of this contest is that to some degree,

Yet how far short of this procedure is the practice arying from year to year as to extent, sinister ele

of the Legislature, even during the earlier period of ients control or influence the composition of the com

the legislative session. Then the committees give aittees, and these courts of preliminary inquiry for

some degree of consideration to the bills which come gislative action are either packed or made harmless

before them; they read them; appoint a day for argur baneful, by having injected into them members

ment by giving notice to the advocates of the bill, and "hose action upon a large body of legislation is deter

if by any happy accident, adversaries to the bill know ained or pledged in advance of the session. In many ndividual cases that action is already determined iously, they also have a chance to be heard. At such

that a measure is pending which affects them injurpon, before this contest takes place, indeed, as pre- hearing assertions are made in favor and against the iminary to candidature; but as this condition of

bill. hings belongs rather to the domain of representation han to that of legislation, I can pass it by.

There is no attempt made to take proof and all that

is done judicially to advise the committeemen is by The speaker elected, and committees formed, bills re then in rapid succession, presented by individual

short and unsupported statement of counsel. If the

bill involves large interests, the more effective work is agislators, are read by their titles, and referred to heir appropriate committees. They are generally

done by the trained lobbyists, who through political ills which have been placed in the hands of the legis. influence, by promises to obtain support for other ators to give some one man or body of men some ad

measures in which the members of the committee are antage over his fellows, or through the instrumental

interested, sometimes even by promise or payment of ty of the law to exonerate some man or body of men

moneys, manage to secure the consent of a requisite rom the burden or pressure of the general law, or to

number of votes to secure either the passage or defeat ive to some locality the right or privilege to do or re

of a measure. I am quite willing to concede that rain from doing something which either the law for

there is not nearly so much corruption in our legislavids or requires to be done. Here and there a general

tive halls as would be implied by the moneys expended will is offered, intended for the general public good.

upon lobbyists. As from the nature of his operations But the majority of tbe bills, which find their way to

he need not give to his principals, an account of his exhe speaker's desk, and are by him referred to the re

penditures, he is irresistibly tempted to exaggerate pective committees, do not belong to the latter class.

the sum that he is called upon to pay to the legislators. These bills are not prepared by the individual legisla

That the lobbyist can however obtain any money at all ors themselves, who are frequently ignorant of the

from persons or corporations of large means, whose ontents of the measures they propose, but by lawyers

interests may be menaced or promoted, under the prePho are privately retained for the special interests

tense of bribing members, shows the low esteem in vhich the bill is intended to serve, and who--naturally

which our legislative bodies are helj by the chiefs of ealous to serve a client and ivcorporate in the bill all

our industrial community. hat may be of service to him or it-are little mind- Toward the end of the session, bills then introduced ul of the consequences, in the event of its passage, of

are frequently not printed; they are acted upon by uch a bill on the general body of the law. That legis

committees under great pressure to finish their work ation so conceived and so promoted requires the most

before the end of the session. They are frequently ealous watchfulness at the hands of a body of impar- not placed in the hands of the standing committee, ial and scientifically educated legislators would appear

but are at once referred to the committee of the whole o be self-evident. Instead of this however but few of and by it to a sub-committee of the whole, kuown as he members are experienced lawyers, and the meth- the grinding committee, and wlien the vote is taken, ods of legislation fails to aid them in sifting bills thus it is generally taken in ignorance of the scope and purproposed and promoted, but on the contrary the exist. port of the measure. In these lust days of the session, ng machinery is an aid to bad, and an impediment to votes are generally bargained away for counter votes good law-making.

from fellow members for measures of a like nature. When a corrupt or ignorant judge renders an erron- We can make clear to our minds the monstrous charsous judgment he wrongfully transfers property from acter of this proceeding if we would suppose a court putöne iindividual to another, and the direct pecun- of justice, on finding its calendar incumbered with ary mischief is probably ended with that single case. causes which cannot be tried before the summer vacaIn the case of legislation, the consequences are much tion, dispensing with the taking of the testimony of more far reaching. The damage created by a bad law

witnesses and argument of counsel, and deciding such upplies to hundreds of cases and is incalculable in ex- causes upon the pleadings alone. The miscarriage and

travesty of justice which would result from such a Prof. Walker in his recent, vork on Political Econ- course partakes of the same nature, if we would but omy says of the evil effects of a few lines in the English

see it, as the mischief which annually takes place at

Albany, and at most, if not all, other capitals of the O Such may be the effects of a foolish law. The leg- country, in the corrupt and slip-shod method of


Poor Law, 22 Geo. III:

power for good is so grinding out laws toward the end of a legislative ses'eason to complain of


islator may think it hard that his closely restricted; but he has no

« السابقةمتابعة »