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as exceptions, proving to him the imagined rule that rightly more occupied in acquiring information on other lawyers are different and worse.

That ideas such as these should still persist in the face of advancing knowledge, of the removal of many abuses, of greater publicity in legal matters, and of general personal integrity, seems remarkable. Stranger still it appears to those whose knowledge of the inner workings of many lawyers' offices is intimate. They see the lawyer devoting himself to the interests of his client, settling difficulties, avoiding more lawsuits than he conducts, smoothing over family differences, making peace between husband and wife, counselling testators as to the proper distribution of their wealth, and seeking redress for the grievances of those who have no means of helping themselves, knowing often that, after all, he may not receive adequate remuneration; acting, in short, in the same honorable and disinterested way as his brothers in the professions of ministers of religion and of medicine. Yet, notwithstanding all this, the popular prejudice still continues, and particular instances to the contrary are still too weak to remove general impressions.

There must be some reason for this, however hidden, and perchance it may be found in the attitude of the profession as a whole, though in this matter the writer, as a solicitor, must speak only of his own branch. In a profession of such magnitude, of such ability and of such power, it is strange indeed there should be so little esprit de corps, so unaccountable a want of real professional pride; and, so far as the public is concerned, no real compact body of professional opinion, and no recognized standard of professional conduct. That a body composed of men who for the most part are men of integrity as individuals, should in its corporate capacity still remain to an extent under a ban, indicates some lack in those who are at its head, and in whose hands the moulding of professional thought and opinion largely lies. They have under their control the training and examination of students, and the etiquette of practitioners. While perhaps no complaint can be made with regard to the value of the examinations as a test of acquaintance with the law in its practical aspect, there is an entire absence of any provision for training in the knowledge of law as a science, of its relation to other sciences, and of its importance in the general progress of civilization. The student is taught as if the laws of England were merely a practical arrangement of rules for conduct in certain cases where one man comes into contact with another. As for the general influence of the law on conduct and morals, its place in the history and development of the people, the principles on which it is founded, and its gradual growth with advancing civilization, he is left in the dark. Nor does he receive instruction as to the principles on which he is to conduct his business, or in any code of professional honor.

practical matters, and in gaining experience, than he is in obtaining true knowledge of law as law. When he commences practice his position in this respect is unaltered, and is almost unalterable apart from a great movement of the whole profession. For though his society will give him guidance in matters of practice, he can expect no help beyond this. If he looks for further help, he must at last turn away unsatisfied. Far be it from the writer to minimize the importance of the work done by the Law Society, but he ventures to suggest that there is still other work to be done; work of equal importance, if somewhat less easy to indicate and to undertake. The labors of the society seem to be devoted to "watching over the interests of the profession" in so far as those interests are pecuniary and are threatened by prospective legislation or administrative action, and to the suggestion of slight amendments of the law or criticism of the suggestions of others. There always appears to be an assumption that the interests of lawyers and of the public are opposed; an assumption which one sincerely believes is quite unwarranted. If more attention were devoted to the interests of the public, even on the low ground of policy, it would be justified by its results. The real interests of the profession are far greater than can be summed up in the word "costs; " and one would like to see the society seeking out and fostering those which are of vital importance, and constituting itself by the general consent of the profession a court of honor.

It is true that much unpleasant but necessary work is done in the examination and expulsion of black sheep. But this is merely negative. One looks in vain for any attempt to create esprit de corps; to induce a pride in the profession; to indicate the true ideal; to show that a lawyer should not merely practice to make a livelihood, necessary though that may be, but that he should have before his always as his aim to avoid chicanery, to act uprightly, to raise so far as in him lies the tone of the profession. Numberless are the opportunities for good, and often are they seized, but they would be less frequently let slip were there abroad a nobler idea of a lawyer's work.

Such things may appear to be in the clouds, and too far removed from every-day work to be worthy of attention; but it may safely be asserted that ultimately the conduct of men is more influenced by ideas than by merely practical considerations; and ideas have more effect if they are uttered with authority and are of general rather than particular application.

It has been with a feeling of envy that one has read the addresses to students and practitioners delivered from time to time by eminent American lawyers, and reported in the columns of the Law Times. It is difficult to indicate it with exactness, but there is in those addresses a loftiness of tone In his office work the student is naturally and and a striving after an ideal which are noticeably

absent from the utterances of lawyers here. There is eloquence here as noble as in America; there is learning and there is wisdom in as high a degree; there is personal character here as upright as elsewhere. Is it too much to ask that this eloquence and wisdom and character should sometimes be devoted to the creation of an ideal of professional conduct and honor? One dares to assert that labor to this end, though not likely to produce results which can be tabulated, will be indeed fruitful.Law Times (London).

ATTORNEY SWIFT AND COUNSELOR EASY.

On one of the top floors of a New York building, two young lawyers opened offices. Their chambers were on opposite sides of the hall, and the main enrance to their offices bore, in gilt letters, their names. We will call them John Swift and William Easy. They had been college chums; and, when they were graduated, they agreed to start practice on equal footing, making a wager as to which would be the most successful at the end of ten years.

Their chances were alike. Both had good physiques, good speech, good manners, good education, and good prospects. But their natures were different. In John Swift were the elements of pluck and determination. In William Easy, one could discern a nature that had hope for its goal, distant fields ever green, and a belief in the time-worn adage that "all things come to him who waits."

They fitted their offices with handsome furniture, purchased libraries and engaged clerks. On the morning that they were ready to commence business, they walked to their offices. When they reached the entrance of the big building, Easy started in, but Swift hesitated.

he had been recommended, told him to call on the morrow, as he wanted to talk over the matter of bringing a suit against some delinquent creditors. After that Swift started back to his office. It was the first time that he had been there during the day. His clerk told him that nobody had called. He crossed over to Easy's chambers, and found him sitting in a comfortable chair, reading. "Had any callers?" asked Swift.

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'None," said Easy. "Have you?"

I may have a case to-morrow."

May! That's dubious. You'll never find anything, hunting all over town. Other lawyers will laugh at you. Remember the dignity of the profession."

The next day the merchant gave John Swift his first case. The attorney summoned the defendants, and, in court, made a plea for the protection of merchants that quickly appealed to the judge and won a verdict in his favor. Before another week had passed, other merchants, hearing of his success, put similar cases in his hands, and, before a month had passed, not a few people had heard of the clever young lawyer who seemed to have a great aptness for mercantile law. William Easy also heard of it. But he still sat waiting for clients to knock at his door. A few did knock, but were of the class that wanted free advice.

One rent day the collector called on John Swift. He handed him a check for his rent. Then the collector called at Easy's office. The lawyer could not pay, but went to Swift, and said: "John, I shall have to borrow from you the amount of this month's rent."

"All right, old friend. Anything you want, but remember the wager."

A year passed and Swift rented Easy's offices, because his business had increased to such an extent that his clerks were cramped for room. Easy took a small room in a section of the city

"What, John? Aren't you going up to your where the rents were cheap. There he could sit office?" asked William Easy.

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"No, I'm going down town to look for a case." 'Look for a case!" replied Easy, in great surprise. You don't mean to tell me that you are going to look for a case! No great lawyer does that. He sits in his office and lets the cases come to him. That's what I'm going to do."

"But we're not great lawyers," said John Swift; we are only beginners. Wait until we become famous, and then we can sit in our offices, and even refuse cases. But, first, we shall have to hustle."

and nurse the few cases that had come to him, while he was waiting. Once he tried to adopt his old friend's tactics, and push himself to the front, but his energy had become dissipated. He did not have any dynamite in his nature.

Whenever he appeared in court it was in a spirit of dejectedness. He often said that he would give worlds for some ambition, some fire, something to waken him from his lethargy. He would give anything to be like Swift.

That young lawyer had been engaged as senior counsel by a large corporation. The suit involved "Well, I'm not going to degrade myself by hust- millions; the testimony produced the most intriling," Easy answered.

cate legal technicalities. When Swift presented

All right, William. But remember our wager." his case to the jury, his address was a masterpiece, Then John Swift started down the street.

He called on a dozen friends that day and made known his eagerness to open practice. None had anything for him to do, but he kept on making visits. Late in the afternoon, a merchant to whom

and his arguments were convincing and pointed. He won, but a higher court reversed the decision. Then the case was taken before the Supreme Court, and John Swift resolved that this should be the fight of his life. He needed several new asso

ciate counselors - men who could assist him in pleading a case that would go on record as an example of thoroughness. He thought of his old friend, Easy, and resolved to give him a chance. William Easy was sitting in his office idly smoking, waiting for a client. There was a knock at the door. The sound startled him, but he overcame that, and invited the caller to enter.

John Swift walked in briskly. "Still waiting?" he asked, in a sprightly manner.

"Yes," said William, with a drawl. "I've tried to adopt your plan, but I can't. I'm playin' in bad luck. There doesn't seem to be any business in the old town. I'm thinkin' of movin' to some newer place."

"I've come to ask you to be my associate in the American Metal Corporation case. I'll give you a chance. Come right over with me to my office and talk it over. This is your opportunity." William hesitated for a moment. "John," he said, "I thank you. But I've waited so long that I do not feel competent to undertake such a case." "Remember our wager," said Swift, sternly. Easy rose slowly, and took his friend's hand. 'Maybe I can win it yet," he said.-R. Gray, Success."

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"THE LORE OF LIFE."

'Tis character, brains and honor win,
The young man boldly cries;

The old man knows the world and its sin,
He shakes his head and sighs.

'Tis courage and love of country shows,
The stripling proud exclaims;

Alas, my son, well the gray beard knows
Fruitless will fall thy aims.

Washington, Jefferson, Lincoln live,
The novice still maintains;

Yes, the books of men their history give,

The hoary head explains.

What is there, then, in a mortal fame?

Now doth the fledgling ask;

Be wise, my boy, there's naught but the name, The wine is in the cask.

- DEERMONT.

NEW YORK COURT OF APPEALS.

ALBANY, N. Y., June 27, 1902.

The Court of Appeals has taken a recess to October 6, 1902, on which day a session of four weeks will commence. The succeeding session will commence November 10, 1902, and will continue six weeks.

ber session for which appeals from orders may be noticed.

Notices of argument in Appeals from Orders should contain the claim that "this is an Appeal from an Order entitled to be heard as a motion, under Rule XI of the Court of Appeals."

Rule XIII has been amended so as to allow the Appellant thirty minutes, and the Respondent twentyfive minutes in the argument of Appeals from Orders. "Original motions," that is to say, motions which originate in the Court of Appeals, will be heard orally on the first Monday of a Session only, but may be submitted without oral argument, on any Monday when the Court is in session, provided they are submitted by both sides. If either party demands an oral argument the motion goes over to the first Monday of the succeeding Session.

The Court has ordered a new calendar for the session which will commence November 10th, on which will be placed all appeals in which returns and Notices of Argument (with proofs of service) shall have been filed with the Clerk on or before October first.

Causes on the present calendar need not be re-noticed, but will be called in their order and disposed of before the new calendar is taken up.

By order of the Court, the Clerk will not accept stipulations which reserve causes on the present calendar excepting only appeals from orders for a date later than November 10th, 1902.

Causes for the new calendar should be noticed for November 10, 1902, and claims of preference must be clearly stated in the notice of argument, as required by Rule XIV. Criminal causes may be added to the Current Calendar, at any time on complying with Rule IX of the Court of Appeals.

The Clerk is directed to put on, at the end of the new calendar "all other causes, etc.," as provided by Rule XIX of this Court.

The attention of attorneys is called to Rule VII, the provisions of which will be strictly enforced. New York city counsel who are to argue cases in this Court should send their residence addresses to the Clerk.

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After a somewhat unusual period of incubation the State officials have finally brought out the legislative printing hatch- and it is not an Octopus egg that hatched. The lowest bidder, The Argus Company, gets the award, as by every rule and precedent it should have received it, and thus jusOctober 6th is the only day in the October ses- tice is done. The State officers charged with the sion for which "appeals from orders entitled to be making of the award appear to have been in a heard as Motions," under Rule XI, may be noticed "tight place," and they must be given credit for for argument. doing the right thing, no matter how their sympaNovember 10, 1902, is the only day in the Novem-thies may have leaned. The "Printing Octopus

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thus receives another "jolt," and there is good prospect of its getting another body-blow when the department printing contract is awarded.

Correspondence.

To the EDITOR OF THE ALBANY LAW JOURNAL:

In your issue of May, 1902, volume 64, No. 5, is published an article from the New York Law Journal, criticising the recent opinion of the Court of Appeals of New York, in the case of the Union National Bank of Chicago v. Chapman (169 N. Y. 538). It may interest you to know, that at its December Term, 1901, at Nashville, Tennessee, in cause of the Southern Building and Loan Association of Huntsville, Alabama, v. Mrs. G. C. W. Bell et al., of Nashville, Tennessee (Davidson County Equity Docket, No. 31), the Supreme Court of this State reached the same conclusion as the Court of Appeals of New York, but upon entirely different grounds.

The facts were:

Mrs. Bell and her husband were citizens of Tennessee, having their domicile at Nashville,

Tennessee.

The wife, with the written consent of her husband, applied for and was granted loan of $1,200. To secure this loan, she executed her note, with her husband as security, payable at Huntsville, Ala., and expressly stipulated that it was to be governed by the laws of Alabama. To further secure the loan she, with her husband, executed a deed of trust on her real estate in Tennessee.

Proceedings were instituted to foreclose the deed

of trust by a sale of the real estate.

In the meanwhile the husband had died insolvent,

and the real estate had greatly depreciated in value, and was not worth one-half of the balance due on the note.

In the proceeding it was sought not only to sell the real estate, but also to hold the wife personally liable on the note for the deficiency. On behalf of

the association it was insisted that the note was an Alabama contract, and since under the law of Alabama, a married woman could bind herself personally, by contract, with consent of her husband, consequently the note was personally binding upon the

wife.

On behalf of the wife, it was insisted that the note was a Tennessee contract, and since under the law of Tennessee, a married woman could not bind herself, personally, by contract, either with or without the consent of the husband, that the note was not, personally, binding upon the wife.

The court, in substance, held:

(3.) That in the present case, since the domicile of the husband was in Tennessee, the note was not personally binding upon the wife, for want of legal capacity to execute it; and

(4.) That the wife had no more legal capacity to contract that the note should be governed by the laws of Alabama, than she had to execute the note itself.

TRIMBLE.

New Books and New Editions.

Fourth edition. The Law of Void Judicial Sales. By A. C. Freeman. St. Louis: The Central Law Journal Company, 1902.

Freeman on Void Judicial Sales is a standard work on the subject of which it treats. In this, the fourth edition revised, enlarged and brought down to date, will be found much matter never before included, making the work more than ever valuable to the practitioner. A number of new and important questions are discussed, including the question: "What is a Judicial Sale?" The work is, without doubt, the most complete and thorough treatise on the subject yet submitted to the profession, and, as such, we cheerfully commend. The Right to and the Cause for Action. By Hiram L. Sibley, LL. D., Circuit Judge in the Fourth Circuit of Ohio. Cincinnati: W. H. Anderson & Co., 1902.

This little volume embodies the first really exhaustive treatment ever given the subject of "The Right to and the Cause for Action," on the basis of legal principle and of the adjudged cases. It is brief, practical, logical, and for its preparation Judge

Sibley is to be thanked, as well as congratulated,

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by the profession. The volume also contains a preliminary view of "Legal Rights, Legal Wrongs and Legal Remedies," in which wrongs are presented new light and classification, and in which actions are so defined as to distinguish them from special proceedings, followed by a brief statement of the law as to the locus of the cause for action and the relation of the and the law of pleading. It is no exaggeration to cause" to the law of parties say that the little treatise is admirably calculated to clear away the confusion now existing respecting actions, the right to and cause for them, by putting these matters in their true light and relation. Probate Reports Annotated. By George A. Clement, of the New York Bar. Vol. VI. New York: Baker, Voorhis & Co., 1902.

The plan of this well-known series is too well known to the profession to require any explanation. (1.) That under the law of Tennessee, a married That the series gives in about one volume a year woman cannot bind herself, personally, by contract, recent decisions of the highest courts of the different either with or without the consent of her husband. States of the Union upon all matters cognizable in (2.) That the capacity of a married woman to Probate and Surrogate's Courts, is a matter of com.contract depends upon the domicile of her husband. 'mon knowledge. As in the previous volumes, the

notes and references by the editor are numerous and exhaustive, forming an important and valuable feature of the series. Undoubtedly, the labors of lawyers are very greatly facilitated by having before them the most recent and valuable decisions drawn from the numerous State reports upon subjects which have to be considered daily in the practice of the law. There are in this volume nearly 100 cases, and the editor has shown excellent judgment in their selection. The reports are handsome octavo volumes of about 800 pages and finished in the best style of the art.

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The author of Your Uncle Lew" has followed up that successful novel with another, "The Red Anvil," which, in our opinion, is a distinct advance in all respects upon his maiden effort in sustained fiction. The theme is the "Underground Railroad," and in its plan and development a very high quality of literary skill is shown. Throughout the book there is much charming descriptive work, and not a little excellent character-drawing, while the tragic climax is led up to and finally portrayed in a way little less than masterly. We predict for 'The Red Anvil" a wide reading and a favorable verdict.

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The Late Returning. By Margery Williams.
New York: The Macmillan Company, 1902.
In this novel the authoress, Margery Williams,
a new star in the fiction firmament, has depicted
with rare skill and virility the sharp, terse scenes
of a revolution in South America. A few Ameri-
cans, with the president, the insurgent leader and
the inevitable girl standing between them, work out
a fine story. As told by Miss Williams, it is not
only true to life, but literally burns itself in upon
the memory; one can almost see the tragic scenes,
so vividly are they portrayed. For a first perform-
ance, which we understand it is, The Late Re-
turning" is remarkably good.

Reports on the Law of Civil Government in Territory Subject to Military Occupation by the Military Forces of the United States. By Charles E. Magoon, law officer, division of insular cases, office of the Secretary of State. Published by order of the Secretary of War. Washington: Government Printing Office, 1902. The reports of Charles E. Magoon, law officer, division of insular affairs, office of the secretary of State, war department, upon the various questions of law arising during the military occupation of the islands ceded or yielded by Spain under the treaty of Paris, were regarded as of such value by Secretary of War Root in deciding the questions treated of, that he determined to have them printed for the use of the officers concerned in the government of the islands. The work consists of some 700 pages and embraces very many important subjects related to insular matters. While especially valuable to officials of the government, the work will be found very interesting by students of the Constitution and of our form of government, in view of the many new questions raised under the expansionist policy. The Virginian. By Owen Wister. New York: method of catching, etc., the Atlantic salmon, the The Macmillan Company, 1901.

The Virginian is a youthful cowboy, transplanted from Virginia to the great plains of Wyoming, who, at the wildest period of his career, falls in love with a young school teacher, recently transplanted from Vermont. Out of this simple elemental theme Mr. Wister has constructed a book that will live. With the Virginian, of course, it is a case of love at first sight. She is attracted by his virility, repelled by his roughness, and, quite against her intentions, she is at last conquered by him. The gradual coming together of the two makes the undercurrent of the story through a series of episodes, grotesque, laughable or tragic. The only possible fault with the book, we think, is its episodical character, which detracts from the interest of the book as a story. As to the style, however, one can hardly give it too high praise. The author has a wonderful command of language, a remarkable facility of expression, and there runs all through the book a vein of genuine, almost unconscious, humor that is abso lutely refreshing. The story is alive with human interest, and far and away the best that deals with the cowboy. Every American should read it.

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Salmon and Trout. By Dean Sage and others.
New York: The Macmillan Company, 1902.
This attractive volume is one of the American

Sportsman's Library, edited by Caspar Whitney. It
gives detailed account of the history, habits, habitat,

Pacific salmon and the trouts of America. The late Dean Sage is the author of that portion of the work which treats of the Atlantic salmon. He has written, from experience and intimate knowledge, an account of the Atlantic salmon, which ought to be in every American sportsman's library. The other authors are C. H. Townsend and H. M. Smith, who write of the Pacific salmon, and William C. Harris, who describes the trouts of America. The book is profusely and beautifully illustrated by A. B. Front, Tappan Adney, Martin Justice and others.

Literary Notes.

The second edition of Owen Wister's new novel, "The Virginian," was called for within three days of its first publication.

An important new series is being planned by the Frederick Stokes Company to be called "The World's Explorers." Its range will extend from the Arctic to the Antarctic and from Africa to Thibet. The initial volume will be by Nansen.

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