the Commissioner, it is a question for the jury whether notice of suspension was not understood to be a discharge, or if not, whether the acceptance of the other employment was not an abandonment of the position of engineer.-Wardlaw vs. Mayor, etc., City of New York. Decided Feb. 10, 1893, N. Y. Court of Appeals. Negligence. Proximate Cause.—Where a child fell through defendant's bridge into a canal, in consequence of defendant's negligence in permitting an opening to remain unguarded, and without contributory negligence on the part of its parents, and the father, in an effort to rescue the child, plunged into the canal and both were drowned, the death of both mnst be attributed to defendant's negligence in maintaining the unsafe bridge.-Gibney vs. State. Decided Court of Appeals, N. Y., Jan. 17, 1893. Declaration of Trust.—Deceased asked one C. to draw an assignment of a bond and mortgage to plaintiff, declaring his intention to give them to plaintiff. Deceased, after receiving the assignment, bond, and mortgage from C., kept them a month and then delivered them with other papers to C., the assignment being signed but not acknowledged or recorded, directing C. to deposit them in the bank, where they remained at his death. Held, that there was no declaration of trust. Wade vs. Hazelton. Court of Appeals, N. Y., Feb. 10, 1893. Parol Evidence to Change Conditions of Bond.-Plaintiff agreed to execute to defendant's testatrix a bond, whereby he was to pay to her annual interest on the amount of the bond, on certain conditions. Such agreement was stated before a Justice of the Peace, and he not being prepared to write up the bond for them at the time, caused plaintiff to sign a blank bond which he afterwards filled up, binding plaintiff absolutely to make payments as therein specified, and delivered it to the testatrix. Held, that where such bond was interposed as a counterclaim to a claim for services, plaintiff could, under a reply denying that he executed such instrument, show by parol evidence that the bond was given on certain conditions not expressed therein.-Richards vs. Day. Decided Court of Appeals, N. Y., Feb. 7, 1893. Jurisdiction of State Court. Enforcing Lien on Vessel.-The courts of a State have jurisdiction to enforce by a proceeding in run liens given by its laws for labor and materials furnished in constructing or repairing domestic vessels, notwithstanding Rev. St. U. S. § 563, subd. 8, and § 711, subd. 3, giving the United States District Courts exclusive jurisdiction of all civil courses of admirality and maritime jurisdiction, saving to suitors the right of a common-law remedy in all cases where the common law is competent to give it.-Atlantic Works vs. The Glide et al. Decided Supreme Judicial Court of Mass, Jan. 4, 1891. Statute of Frauds. Performance. Equity-An oral contract for the conveyance of an interest in land in compensation for services will not be enforced by a court of equity when the proof of the contract is not clear, even though the services have been rendered.-Vore vs. Strong. Decided Supreme Court of Illinois, Jan. 19th, 1893. Constitutional Law. Woman's Suffrage. School Elections.—Act June 19, 1891, entitling women to vote at school elections, is constitutional as applied to elections of members of boards of education, since they are officers who are not named in the constitution, and concerning the manner of whose election the legislature has therefore discretionary power.-Plummer et al. vs. Vort. Decided Supreme Court of Illinois, Jan. 19, 1893. Illegal Levy on Partnership Property. Replevin.-Where specific articles of partnership property are levied on and seized by a sheriff for the individual debts of one member of the firm as the sole property of such member, in disregard of the interests of the partnership, the partner against whom the execution was levied, with the other partners, may jointly maintain replevin to recover possession of such property. In such a case, where the property taken by the sheriff is replieved, the right of the sheriff therein is the value, at the time of the levy, of the beneficial interest of the partner against whom the execution was levied, in such property on accounting and settlement of the partnership business.— Ferguson vs. Day, Sheriff, et al. Decided Appellate Court of Indiana, Jan. 31, 1893. Insurance. Change of Interest. Change of Occupants. Delivery and Levy of Execution. The delivery of an execution to an officer, followed by a levy thereof on a stock of goods, does not effect a "change in the interest or title" of the property within the meaning of a condition of fire insurance policy thereon, providing that it shall be void if any change takes place in the interest, title, etc., whether by legal process or otherwise.-Walradt vs. Phoenix Ins. Co. of Hartford. Decided N. Y. Court of Appeals. Jan. 17, 1893. Wills. Description of Devisees. Widow as Heir-at-Law.-A devise to the heirs-at-law of M. in such shares as they would take if M. had inherited the subject matter of the devise and died intestate, does not include the widow of M. -Platt vs. Muckle. Court of Appeals, N. Y., Jan. 31, 1893. Warehouse Receipts. Transfer. Bona Fide Holder.—One who takes as security for an existing debt and for future advances, negotiable receipts stated to be for goods in free warehouses, but which in fact are still in bond subject to the government tax, is a bona fide holder, and is not therefore chargeable with knowledge of any other equities between the original parties.-First National Bank of Chicago vs. Deuer. Decided N. Y. Court of Appeals, Jan 31, 1893. LECTURES ON LAW FOR WOMEN. Delivered at the University of the City of New York by Isaac Franklin Russel, D. C. L. Chair Endowed by the Woman's Legal Education Society, 1892-3. New York, 1892. These Lectures are apparently designed to present the broad outlines of public and private law in such a fashion as to be intelligible to the beginner; and from the provisions in regard to admittance, scholarships, etc., it would seem that they were intended to induce the students to undertake a regular course in law by thus interesting them in fundamental principles. Professor Russell is an admirable man for such a purpo e: he presents the subjects treated in a most attractive manner, escaping the bare outline on the one side, and a scientific discussion on the other. They form good reading, even to the law student and lawyer, as they present in a very general way a survey of the law and its meanings. THE AMERICAN State Reports, containing the cases of general value and authority subsequent to those contained in the American Decisions" and the "American Reports," decided in the Courts of Last Resort of the several States, selected, reported, and anrotated by A. C. Freeman, and the Associate Editors of the "American Decisions." Vol. 28, pp. 1047. San Francisco : Bancroft-Whitney Company, 1892. Admirable selections from the following State reports are contained in this volume: 94 Cal., 129 Ind., 74 Md., 89 Mich., 47 Minn., 107 Mo., 11 Mont., 31 Neb., 132, 133 N. Y., 110 N. C., 21 Oreg., 146 l'a. St., 35 S. C., 30 Tex. Ap., 3 Wash. THE DAWN OF ITALIAN INDEPENDENCE. * ITALY FROM THE CONGRESS OF VIENNA, 1814, TO THE FALL OF VENICE, 1849. By William Roscoe Thayer. In two Crown 8vo. volumes, pp. 899. Boston and New York: Houghton, Mifflin & Company, 1893. $4. These volumes treat of a profoundly important period in the life of the Italian race. From the point of view of political science, Italy is the most perfect nation of Europe in its geographic and ethnic unity. But the Italy of the last century was weak and in servitude; the nineteenth century has seen the awakening of the national life and the dawn of a new era-Italian independence. The story of this regeneration is here graphically told by Mr. Thayer. The work is divided into five books: The Inheritance; The Doom of Tyranny; The Pontificate of Gregory XVI.; Revolution Triumphant; Disintegration, Democracy, Disaster. The first book shows why the Italians, at the beginning of the nineteenth century, were not free; the following books trace in detail the stirring events of the middle of the century as connected with Italian history, culminating in the revolution of 1848. There are few writers of history who combine in their work marked literary ability and historic excellence. Mr. Thayer displays this happy faculty in a high degree; the narrative is of absorbing interesting throughout, not alone because of the character of the events related, but also because of the manner in which it is written, the clear and forceful style; the running fire of caustic criticism and hidden irony; the eloquent descriptions of great events and supreme moments. But we value the work not alone for its wealth of historical information; it would be difficult to find a book from which one can obtain such an insight into Italian political life; it enables us to judge the Italy of to-day and to predict the Italy of the future. * FOUR HUNDRED YEARS OF AMERICAN HISTORY. By James Harris Patton, A. M., Ph. D., with an Introduction by John Lord, D. D., LL. D. Two volumes, octavo, pp. 1215. New York: Fords, Howard & Hulbert, 1892. $5.00. In these two beautiful volumes Professor Patton has presented, in a most attractive and interesting style, a history of the American people from the discovery of the land to the year 1892. The work will be welcomed by many, we feel assured, as satisfactorily filling the gap which has always seemed to us to exist between the outline histories of the United States, on the one hand, and the exhaustive and scientific treatises on the other. It is a work which will be welcomed by that large class of people who, while not wishing to make any historical investigation, desire to know more of their country's history than is contained in what may be termed the "school histories" of the day. A marked characteristic of the author's work is the admirable historical judgment he displays in knowing what to select and what to omit, in determining what is of true importance and what is mere detail. He has gone back of fa ts, and brought into prominence the fundamental motive forces; he appreciates the influence that religion has had on our civilization; with much skill the personality of great leaders is intertwoven with the record of the events in which they played a part. Altogether the work is one which will be recognized as of much value for many years to come. THE FREE Trade Struggle IN ENGLAND, By M. M. Trumbull. Second Edition, Revised and En. larged, pp. 288. Chicago: The Open Court Publishing Company, 1892. Cloth, $.75; paper, $.25By the Free Trade Struggle in England is meant the campaign from 1838 to 1846. While a faithful history of those times is given, the book is not historical or economic purely, for the avowed purpose of the author is to bring into a bright light the advance of Free Trade, to show the parallelism between the arguments pro and con advanced in this period, and those of the last two campaigns in this country, and to prove that the United States does not hold a "unique" position. The work is well written and extremely interesting. Notwithstanding the low price, the make up of the book and the quality of the paper are good. THE THEORY OF Wages and ITS APPLICATION TO THE EIGHT HOURS QUESTION AND OTHER LABOR PROBLEMS. By Herbert M. Thompson, M. A. pp. 140. London and New York: Macmillan & Co., 1892. Mr. Thompson, an English economist, presents in this small volume the economic principles and theories which he conceives should be applied to the consideration of such industrial problems as that of the eight hours question. He seeks to combat the theories that the share of labor is fixed, that the share of labor is residuary, and that rent (the share of land) is residuary. His propositions in many cases run directly counter to the theories of some of the most eminent economists in England and in this country, but they are clearly argued and well sustained throughout. The last chapter, which applies these propositions to the concrete problems, is decidedly interesting and valuable. From a scientific point of view, Mr. Thompson's work stands very high. SOCIALISM FROM GENESIS TO REVELATION. By Kev. F. M. Sprague. Pp. 493. Boston Lee & Shepard, 1893. $1.75. This book, as its title indicates, is an exposition of Christian Socialism, which is, as defined by Mr. Sprague, a new science of political economy. Its object is to realize the ethics of the religion of Jesus Christ in the possession of economic goods." Naturally, the work can hardly be denominated scientific in character, though the author shows wide learning and deep thought. It is an interesting contribution to the literature on the problem of industrial reform, as the phases of the question are treated from an ethical and religious point of view. BIBLE STUDIES. READINGS in the Early Books of the Old Testament, WITH FAMILIAR COMMENT, GIVEN IN 1878-9. By Henry Ward Beecher. Edited from Stenographic Notes of T. J. Ellinwood, by John R. Howard. Pp. 438. New York: Fords, Howard & Hulbert, 1893. $1.50. We have before us a series of Sunday evening sermons by Mr. Beecher; having said this, to praise would be cant, to criticise, presumption. While the tenets of his faith have always been the subject of much severe but honest criticism on the part of many, the name of Henry Ward Beecher will live in the world's history as one of the greatest of religious teachers. This collection displays in a marked degree the broadness of his mind, the liberality of his views, and his world-wide sympathies. The book is not of transient, but of permanent value. Principles of EDUCATION. BY Malcolm MacVicar, Ph. D., LL. D. Pp. 178. Boston and London: Ginn & Co., 1892. The "principles" are set forth in italicized propositions followed by a brief explanation and amplification. It is by no means a book for the general reader; the style is hard and dry, and the arrangement which, in its form, reminds one of geometrical proposition, makes a perusal difficult. But in the subject matter the book is admirable, and it would be well if the principles of education here laid down could be presented in a more popular form, as they would tend to throw much light on a dark subject. A WOMAN'S PHILOSOPHY OF LOVE. By Caroline F. Corbin, pp. 302. Boston Lee and Shepard, 1893. $1.50. A series of chapters on the meaning and sacredness of the marriage relation. Though the style is discursive, ability is displayed in the writing, and the book is thoroughly wholesome in tone. THE MAGAZINES. Review of Reviews. March. The American Review of Reviews is to be commended for its enterprise in having secured from the pen of Archdeacon Farrar a most brilliant tribute, as also a most frank and personal one, to the life and character of the late Bishop Phillips Brooks. Dr. Farrar was Phillips Brooks' most intimate and confidential English friend, and this article must of neceessity be read with the keenest interest by the American admirers of the great preacher. President Thwing, of Adelbert College, Cleveland, contributes also an eloquent and warm tribute to the great power of Phillips Brooks as a preacher. The Green Bag. March. Baron Huddleston (with portrait); "Unmarried Ladies," by R. Vashon Rogers; "His First Offence" (in verse), by Francis Dana; "Lynch Law," by Alexander Brown; "The Law and Practice of Torture;" "The Supreme Court of Tennessee," I., by Albert D. Marks; "Practical Tests in Evidence," V., by Irving Browne; "The Vehmgerichte;" "Some Remarkable Juries;" London Legal Letter; The Lawyer's Easy Chair; Editorial Department. Harvard Law Review. February. "The 'Parol Evidence' Rule," by James B. Thayer;" "A Discharge in Insolvency, and its Effects on NonResidents," by Hollis R. Bailey; "Registration of Title to Land," by Joseph H. Beale. |