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VOL. XXV.)

Entered at the Post-Off ce at Northport, N. Y., as second-class matter. Copyright, 1921, by Ex'ward Thompson Co.

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“The growth in the Federal statute law in the past ten years has exceeded that of the preceding twenty years not only in volume but in importance. It used to be said that the general practitioner did not need to know much about Federal law or Federal procedure, since he would have little occasion to make use of his knowledge in the course of his practice.

“Today, hardly any lawyer, worthy of the name, can be said to be prepared to practice without a working knowledge of these two subjects. Fortunately, however, there have been many praiseworthy efforts to bring together and make accessible for the busy lawyer the statute law of the United States.

“One of the best of these compilations, if not the best, is known as Federal Statutes Annotated, Second Edition. The annotations to this new edition of the Federal Statutes will delight any busy lawyer. They were made under the direction of Mr. Wm. M. McKinney, one of the greatest law editors this country ever produced.

“The notes stand out clear from the text, and the statutes themselves are split up into sections and parts of sections with black letter catch headings, which enables the lawyer not only to get at the very point in a section or statute in which he is interested, but also to get at the proper construction of that part of the section without wading through a lot of matter in which he is not interested.

"The mechanical execution of the work is above criticism. The thin paper, the sharp difference between text and notes, the multitude of black catch lines, the convenience in size and weight of each volume, make the set all that could be desired."

In fifteen volumes, including Supplements, this work is complete to January 1, 1921, both as to laws and annotations. Price only $7.50 per volume delivered.

Write for terms and sample pages to

EDWARD THOMPSON COMPANY, Publishers Northport

New York

327970

WE REPEAT

A Grateful Acknowledgment
To an Honorable Profession

On April 18, 1906, the date of the great fire, the legal fra-
ternity of this country was indebted to us in a sum in excess
of $200,000. The fire destroyed all of our books of accounts.
The lawyers of San Francisco having lost their entire libraries
were absolved of their indebtedness to us, amounting to about
$30,000.00. This left an amount due from outside lawyers of from
$170,000.00 to $175,000.00.
Having no lists of patrons we sent a circular letter to the lawyers
named in Martindale's Legal Directory, advising them of our loss
and asking for information as to their indebtedness to us. The
responses to this circular were so prompt and so gratifying that
we think the legal profession should know that of this total
indebtedness, of say $175,000.00, nearly $150,000.00 has already
been reported to us, and we are receiving advices every day from
parties who had not previously answered our circular asking about
their indebtedness. It is but right to say that some of the San
Francisco attorneys declined to accept the cancellation of their
accounts and have paid same. Let it be known to the world that
the legal profession is made up of men of the highest honor.

[January, 1907. ]

April, Nineteen Twenty One
FIFTEEN YEARS AFTER

Bancroft-Whitney Company
LAW BOOK PUBLISHERS
San Francisco

Calif.

Law Notes

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because he favored a bill permitting the sale of beer and

light wines. - The men who fought in the trenches know

that kaiserism, bolshevism and pharisaism are branches

from one root, the desire of a few, thinking themselves

elect, to impose their will on the many. The conditions

.

of to-day make appropriate a repetition of the question-

APRIL, 1921

"What are we going to do about it?::

PUBLISHED BY EDWARD THOMPSON COMPANY.

NORTHPORT, LONG ISLAND, N. Y.

Striking at the Foundations of Manhood.

M. B. WAILM, Prendoni.

EDWARD PIDGEOX, Vice-Presidoni.

Sur

URELY we have not yet forgotten that as lately as the

T. W. WHILDB, Secretary and Treasurer.

summer of 1918 the future of civilization depended

on whether the manhood of America was red blooded,

CONTENTS

robust and virile. To what do we owe the fact that we

met the test and did our share to save the world from the

EDITORIALS:

ARTICLES:

Hun? “Waterloo was won on the cricket fields of Eng-

A Bulwark of Americanism

land” and no small part of our physical prowess was due

Exemption of State and Mu-

Striking at the Foundations

nicipal Bonds from Fed-

to the baseball fields of America. Motor boat men, trained

of Manhood

1 eral Income Tax .

5 to navigation by their pleasures, took over coast defense

An Aftermath of Federal

The Decision in the Berger and submarine chasing. Thousands of pleasure car

Control

Case

7

drivers came forward ready trained for automobile trans-

The New York Rent Law

Effect of Sheriff's Failure to

port. The point is just this: such are the exigencies of

Presidential Primaries.

Execute Death Sentence . 8

our industrial situation that most of that essential train-

Another System

2 Government under Mandate 9

ing was obtained in Sunday games, Sunday cruises, and

Forgery of Finger Prints 3

Cases OF INTEREST .

10

The New York Pistoi Law . 3

Sunday automobile trips. Now a little group of fanatics
Simplifying Stock Transfers 3

NEWS OF THE PROFESSION. 13 are seeking to prohibit Sunday amusements or to enforce
Recovery by Wife Infected ENGLISH NOTES

laws against such amusements which still survive on the
with Venereal Disease

statute books as a relic of the black era of puritanism.

OBITER DICTA

18

"O. K."

Looked at purely from the standpoint of maintaining the

No Blondes Need Apply 4 CORRESPONDENCE.

20

potential military strength of the nation for its future

defense, this agitation is more dangerous than any which

“pacifist” organizations have carried on. The moral stam-

A Bulwark of Americanism.

ina and courage of the American people are proof against

any amount of propaganda, but these people seek to com-

FOR

or many years the Grand Army of the Republic was

a rallying point on every occasion when the safety pel by law a condition that cannot but work for physical

decadence. From this viewpoint it is an open question

or honor of the nation was threatened. Now that the

whether the whole agitation should not be stamped out
hand of death has thinned its ranks to a few feeble old
men, it is a matter of congratulation that its successor has

by law; its proponents put on a plane with those who seek

to spread physical infection. At any rate, no man who
arisen in the American Legion. By its wholesome intol-

has the welfare of his race or the future of his country
erance of Bolshevist agitation, by its protest against thinly

at heart should give to their misguided endeavors the

disguised, pro-German mass meetings, and in many other

ways, that body has already shown that it meets the need slightest countenance.

for a virile, rugged exposition of Americanism. At a time

when our victorious soldiers were returning from over-

An Aftermath of Federal Control.

seas it was said in Law Notes: "It has been said often

TH

HERE is an interesting question growing out of the

and eloquently in the past year that the patriotic sacrifices federal control of railroads which must have arisen

of our soldiers overseas would result in moral and spiritual frequently, but which does not seem to have been passed

elevation; that they would return to us purified in the on as yet. The standard interstate bill of lading contains

fires of suffering and noble endeavor, and constitute a a limitation of time to sue for loss of a shipment or dam-

a

great dynamic force for the uplifting of our civilization.

The Transportation Act of February 28,
Sermons and magazine articles without number have been 1920, whereby the railroads were returned to private con-
devoted to that idea and no one has had the temerity to trol, provides that the period of federal control shall be
deny it. But suppose when the boys come home it is found

excluded in computing the period of limitation. Such is
that their ideas do not at all coincide with those of dear

the legislative control over limitations that the general
old Aunt Lizzie or good Dr. Preachly, who have not been validity of this provision is clear. But as to an injury
purified by any heroic endeavor, who did not charge at occurring early enough so that the limitation had run
Chateau-Thierry or guard the mine strewn seas. What

before February 28, 1920, it has been contended in at

are we going to do about it?” The supposition referred least one pending case that the act is invalid. There

to in the foregoing extract has become a fact. According seem to be several good answers to this contention.

In

to press reports the Legion in Kansas, having gone on the first place, it has been held by the Interstate Com-

record in favor of a repeal of the anti-cigarette law, was merce Commission (Decker v. Director General, 55 I.

denounced by a reverend somebody as being in the pay C. C. 453), that the limitation of time to sue is invalid

of the tobacco manufacturers. In 1920 at Albany another if the circumstances of the case make it inequitable, and

reverend referred to a returned officer as "pro-German" certainly such is the effect of the intervening federal

age thereto.

control. In the second place, there is no inhibition against Primary. Among them is the “Rodey Plan” propounded congressional action impairing the obligation of a contract by Mr. B. S. Rodey of Albuquerque, N. Mex. Omitting or against retrospective congressional legislation. Also, some administrative details the plan is stated by its author even apart from the federal act, it would seem that limi- as follows: tations should not run under the conditions. Most states “Let candidates for the presidency and vice-presidency, have statutes whịch tok the statute for a time when suit both partisan and independent, compete in the primaries is impossible. and the construction given to the federal of their own states, and if so desired, in one additional control act of. 1918 by many courts was to the effect that state. Then let the winners at these primaries be a group carriers were exempt from suit. Certainly every moral of candidates for president and vice-president to compete

right is with the shippers who were precluded from col- nationwide at the November election. At the November :lecting their claims for two years and bore for that time election let every voter select and vote for, from this group

the burden of the loss. It would be a harsh ruling that of candidates on the ballot, his or her first and second would now declare that this enforced delay has rendered choice for president, and first and second choice for vicethem remediless, and it is not believed that there is any president; second choice to have effect only in case of the rule of law which requires such a holding.

death or disability of the first choice before inauguration.

It can be seen that the names on the ballot might be only The New York Rent Law.

a few, or as many as a hundred, depending on circum

stances.HE court of last resort in New York has sustained

It is somewhat difficult to see offhand how this plan the validity of the legislation in that state regu

can work well. It starts with the "favorite son” of each lating rental contracts. So far as may be judged from

state and then puts the entire list before the nation. It press reports, the decision takes advanced ground as to

is doubtless contemplated that the popular vote and not the police power, announcing the doctrine that however

the vote by states is to be counted, but even so it is pracprivate and personal and however lawful and legitimate tically impossible for any candidate to secure a majority a business may be, if the complexities of civilization give vote. In view of that fact, the nomination by states seems to it a proximate relation to the public health and comfort, it may be taken out of the domain of private contract. peculiarly as the representative of a state and elected by

to be particularly ill advised, for a President nominated The doctrine of public interest, once deemed to be confined

a minority vote would not be considered generally as the to corporations exercising a public franchise, is being rap representative of the nation. Moreover the multiplicity idly extended into every department of private business, of candidates would obscure the issues. Each candidate until it is but a slight exaggeration to say that there is no limitation on the legislative power to regulate legitimate his claim on it, thus scattering the vote widely, and in

might insist on a particular issue as "paramount” and base industry. That hard cases make shipwreck of the law

consequence a compact body of adherents of a particular is being more and more clearly exemplified. Neither

measure the prohibitionists for example-could elect a courts not legislatures are wholly deaf to the plea of

President whose policy was opposed to the convictions of Portia: "Bend but once the law to your authority, and nine-tenths of the voters. There is at present too much balk this cruel devil of his will.” If we come to an end

of rule by minorities, without opening new doors to this of constitutional government, the fault will lie largely evil. at the door of those whose unjust exactions have made regulations of novel 'severity seem essential to the public

Another System. safety. It is true that it is often better for the public that a temporary injustice be borne than that long tried | THE "Rodey Plan” does not scem on the whole to be safeguards should be thrown away, but where a very con- comparable in advantages to what is known as the siderable number of voters suffer from the injustice it is

Hare System of Proportional Representation. By that sysdifficult to convince them of the virtue of patience exer

tem, which has operated successfully in foreign countries, a cised for the benefit of their posterity. Somewhere there single vote is taken for both nomination and election. The lies a happy mean between a constitution which binds names of candidates are placed on the ballot by petition, a progressive people to the standards of a past century signed by a comparatively small number of electors. The and a constitution which is a rope of sand. Grave abuses

voter indicates at the election not only his first choice, must be checked, and on the other hand legislative methods

but his second, third, and so on. In counting the votes, and ideals are such that legitimate business cannot thrive if no man has a majority of the first choice votes, the if left to the unfettered whims of the legislative assembly. second choice votes of each candidate are added. If this The discretion of the courts as to what is a legitimate does not give a majority third choice votes are added, and exercise of the police power is some safeguard, but judges, so on until some candidate has a majority. The advanhowever just and learned, are not by education and train tages of this over the “Rodey Plan” are manifest. It ing the persons best fitted to pass on the needs of the secures the privilege of nomination without catering to people. It is a transition time of some danger, and calls

the “machine" of the candidate's residence, and makes for serious and considered action by bench and bar, by allowance for the possibility that two desirable candidates legislator and constituent, to pass through it safely.

may reside in the same state. And in respect to the election, the successful candidate under the Hare System is

the person agreeable to the largest ascertainable number Presidential Primaries.

of voters. There is no chance that a candidate whose THE HE growing dissatisfaction with the convention sys- views are highly objectionable to the majority could be

tem of nominating candidates for President has led chosen, for he would not receive their second or third to the suggestion of several plans for a Presidential choice votes. The trouble with all these plans is that,

case

however excellent their theory, they will not under exist- cisions in the United States relative to the cross examinaing conditions have much practical effect. Under the tion of handwriting experts which do not permit this very Hare Plan, for example, there would doubtless be un- effective test. Sooner or later a forged finger print will official party conventions, and the concentrated efforts of find its way into an American case, and counsel are adthe party workers would almost inevitably secure the elec- vised not to be obsessed with the idea of its finality. tion of the convention nominee over his scattered and ill supported competitors. . In like manner a sitting Presi

The New York Pistol Law. dent with the power of the government office holders be hind him could secure re-election rather more easily than TE workings of the New York Pistol Law, which

HE under the present system. It is but just to say in this should cause every burglar and robber to burn a connection that the advocates of the Hare System admit

votive candle before the image of its author ere starting that as thus far developed it is better adapted to local out to steal and murder, are well illustrated by the folthan to national elections, and as thus limited the plan lowing clipping from a recent issue of a metropolitan promises some distinct relief from political party control journal: of municipal affairs.

Mrs. E. Harrison, an actress living at the Hotel De France, who fired a shot at two burglar suspects when, it is

alleged, they tried to enter her room early last Thursday, was Forgery of Finger Prints.

arrested to-day on a charge of violating the Sullivan law in

having a dangerous weapon without a license, and was held in THRO HROUGH the courtesy of Mr. Albert S. Osborn, the

$500 bail for trial in Special Sessions. writer has read recently an English novel “The Red Thumb Mark” which deals interestingly with a

The scene is worthy of a comic opera. The burglars, wherein a charge of robbery was pressed against the hero

each of whom is doubtless armed, flee, but the young because the print of a bloody thumb identical with the

woman whose fortunate possession of a weapon enables thumb print of the accused was found at the scene of the her to protect her property and perhaps her life from crime. The situation is given point by the fact that it

criminal violence is held under a charge of felony, and has been declared in England that a finger print is “an

this in a city where every morning the papers carry the unforgeable signature" and of itself sufficient to sustain tale of new robberies and murders, almost invariably tera conviction. Parker v. Rex, 14 Com. L. Rep. 681. The minating with the statement that the perpetrators escaped. situation is skillfully developed, and introduces at last Perhaps no worse piece of judicial legislation was ever the defendant's expert who demonstrates in court the ease perpetrated than the construing of the life out of the conwith which finger print forgery may be committed. Asked stitutional guaranty of the right of the people to keep in court if the forgery of a finger print is as easy as

and bear arms for their protection. The individual is that of a signature he says: “Much more so, and infinitely paramount. Government is a mere device to secure the

A signature, being written with a pen, welfare of individuals. When government fails to protect requires that the forgery should also be written with a

the citizen from lawless violence and yet deprives him pen, a process demanding very special skill and, after all, under pain of imprisonment of the means to protect himnever resulting in an absolute facsimile. But a finger- self, it stultifies the purpose of its creation, and even were print is a stamped impression—the finger-tip being the police protection to become so perfect that every citizen stamp; and it is only necessary to obtain a stamp identical might sleep in peace, with no thought that he would be in character with the finger-tip, in order to produce an

called on to protect himself, how many generations of impression which is an absolute facsimile, in every re

that kind of life would it take to make a people so soft spect, of the original, and totally indistinguishable from

that the Hun and the Visigoth would sweep it from the it.” It would perhaps be unwise to put into general cir

earth? culation a detailed description of how such a forgery may be perpetrated, but it is no more difficult than

many

Simplifying Stock Transfers. other feats of photogravure. It is well if such books as this put an end to the superstition that a finger print is MR. CHARLES F. BEACH, the well known American

jurist, now residing in Paris, writes to Law NOTES an infallible means of detection. Such a view if it be calling attention to a plan which he has submitted to a came common would certainly lead to more than one mis- number of large American corporations to simplify the carriage of justice. The true status of such a point was transfer of stock in case of the death of a foreign holder well stated in words put into the mouth of the expert in of American shares. As is well known much American the book referred to: “A finger-print is merely a fact- stock is held in Europe, often in small blocks, and the a very important and significant one, I admit—but still

encouragement of this form of investment is greatly to a fact, which, like any other fact, requires to be weighed be desired. Mr. Beach enumerates the documents now and measured with reference to its evidential value." To crdinarily required to permit a transfer of stock held by make his point clear the writer of the novel permitted the a French investor and says: perpetrator of the fraud to commit certain technical errors which made it possible for the expert to establish beyond

These documents are sometimes not too difficult to deal with,

but not always. Thus in a case now in the office, having to do question that the print was made by mechanical means, with only five shares of stock of a par value of $50 and a real but in an actual case these might well be avoided. In the value of something less, they run to fifty-five closely written novel, also, the experts whose testimony supported the

legal-cap pages. genuineness of the thumb print were put to confusion by

Then we are usually called upon to produce: being confronted with genuine and forged thumb prints

(a) a receipt or waiver in relation to the Inheritance Tax

in the State where the Company is organized; and asked to discriminate between them. There are de

(b) evidence of compliance with the Federal Estate Tax Law;

more secure.

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