EDUCATION.

It has been said that every community has as good a government as it deserves, and the success of popular government must in the long run depend on education. The barbarians that overthrew Babylon and Rome came from without. The dangers to our own civilization come from barbarians within, and the ignorant and discontented classes which exist in every state. It is natural, therefore, to inquire next what our legislatures have done for education, and it is pleasant to find that it has not been neglected.

Kentucky provides for a very careful examination of teachers under a system which commits the preparation of the questions to the State board of education, and guards very carefully against any possible collusion between examiners and applicants. Among other required subjects are physiology and hygiene, including "the effects of alcoholic drinks and narcotics on the human system." Owing to the persistent efforts of temperance reformers instruction in the last subject is now required in many States, including this year Mississippi and South Carolina, but many of the most highly educated physicians doubt the effect of the instruction given and the wisdom of the require

ment.

The legislature of Kentucky has also passed an act requiring every parent, or person in charge of a child, between seven and fourteen years old, to send such child to school for at least eight consecutive weeks every year with certain exceptions, including among others the inability of the parent from poverty to clothe the child properly, a case for which, however, some public provision should be made, as in such cases education is peculiarly important.

A further concession to education is made by the act which forbids the managers of any turnpike road to charge any toll against the scholars on their way to school, an immunity which they share with ministers on duty, person going to and from church, and lastly with funeral processions.

New Jersey has taken an important step by providing a system through which teachers who consent can contribute one per cent. of their monthly salary to a fund, and on retirement after a certain period of service receive a pension out of the fund so created. A practical provision for the highest education is found in the act which permits the authorities of certain cities to purchase lands and erect buildings for a library, reading room, art gallery and museum.

Ohio also creates a pension fund for teachers in certain cities by providing for a similar deduction from their salaries, and placing the fund thus created under the control of seven trustees, to wit,

the superintendent of schools, three elected by the teachers, and three by the Board of Education. Another act adds to the qualification of common school teachers a knowledge of civil government, which requirement is found in statutes passed this year by Mississippi and South Carolina. We have begun to realize that a knowledge of civic duty may be taught and is not necessarily born in every American citizen. Another statute deals with the question of school books, and provides that they shall be selected and the prices at which they may be sold shall be fixed by a board, consisting of the Governor, Secretary of State, and Commissioner of Schools. The publisher must accept the price fixed or his books cannot be bought. Text books once adopted by a Board of Education cannot be changed for five years unless three-fourths of the board agree, and the law provides that these boards shall buy the books and sell them to the public at a limited advance upon the cost, but with power in proper cases to make no charge. This is intended to secure good and cheap books for scholars and to guard against the evil of constant changes secured by the importunity of publishers.

Utah deals with this subject most liberally. The University of Utah is made the highest branch of public education in the State, and its courses must be so arranged as to supplement and continue the instruction of the schools, and to afford a complete and thorough education in arts, science and literature, and in such professional branches as may be included in the curriculum. Instruction in the preparatory, normal and university courses is made free to actual residents of Utah, except that an annual entrance fee of ten dollars to residents, and fifty dollars to non-residents may be required, and a reasonable charge may be made for teaching in studies not pursued in the regular course. One hundred free scholarships are established in the Normal School.

The rich are tempted to liberality by provisions that the donors of certain gifts to found professorships, lectureships or scholarships, may name them and appoint the first incumbent, while larger benefactions entitle the donor to prescribe how incumbent shall be named forever. The authority is reserved, however, to reject nominations and to remove any incumbent for cause, with a gallantry, perhaps to be expected from Utah, which has been especially favored by the gentler sex, the schools and university are open to women on equal terms with men, and female teachers of any grade receive for like service the same pay as men of the same grade.

The State makes further provision to the cause of education by an act which provides for the establishment of free public libraries in all the cities

its promoters were actuated by motives of philanthropy or honor. It is sufficient if there is an intention by show or act of force to interfere with the laws of the government of the friendly State, or to bring about reforms of those laws by show of force, or to join with others in or out of the dominions of the friendly State in overawing or coercing that government. In any of these cases the expedition would be a military expedition against a friendly State within the meaning of the act.

The foregoing directions to the jury, on the construction of the act, showed clearly what was the nature of the offences which, if proved against the defendants, would bring them within its provisions. There must be the fitting out of a military expedition intended to proceed against a friendly State, not necessarily for the purpose of overthrowing the government, but of interfering with it in any of the ways just specified; and this fitting out must take place without the license of the Queen, at some place within her dominions where the act is in operation. When this has occurred the persons amenable are all British subjects, who have assisted or who serve in the expedition, whether they act within or without the dominions of the Queen. But, having regard to the places where the expedition in question was fitted out, it was further necessary to determine whether they were within the dominions of the Queen and whether the act was in operation in them. One branch of the expedition was fitted out at Mafeking, and the other at Pitsani Pitlogo, both in Bechuanaland. The portion of Bechuanaland, in which the former place is situated, has been formally annexed as British territory, and there was no doubt that Mafeking is within the Queen's dominions. But in respect of the statute being in operation there, the lord chief justice gave the important ruling, that a specific proclamation of the statute under section 3 was not necessary. The statute shortly after it was passed, was duly proclaimed for the Cape Colony, and since Mafeking was in subsequently acquired territory, the statute was effectually brought into operation by the proclamation of October, 1885, by which the laws in force in the Cape Colony were made applicable to

British Bechuanaland.

With respect to Pitsani Pitlogo there was a question whether the protectorate exercised by the Crown over that part of Bechuanaland was such as to bring it within the Queen's dominions, but on this the court took the same broad view as characterized the other directions to the jury. There has been no cession of this territory to the British Crown, but if the Crown has exercised sovereign authority in the district, then for the purpose of the act it must be taken to be within its dominions. To assume substantial sovereignty to the exclu

sion of the native chief, and then to refuse to listen to the complaints of a neighboring friendly State, on the ground that Pitsani Pitlogo was not within British dominions, would, in the view of the lord chief justice, be absurd. Accordingly, on this part of the case he left to the jury the question whether the crown had in fact exercised dominion and sovereignty in the district in which Pitsani Pitlogo is situated. If this was answered, as it was bound to be on the summing up, in the affirmative, then it was held that the Foreign Enlistment Act was brought into force in the same manner as in British isting law of the Cape Colony. Bechuanaland by a general proclamation of the ex

When the above points had been brought out in the summing up there was really very little left for the jury to do. Upon the facts of the case there was practically no dispute, and with this broad effect given to the act the jury could only answer in the affirmative the questions which were left to them, and in the end return a verdict of guilty. That in this result there was a momentary hesitation was certainly not due to any doubt as to the legal effect of the conduct proved against the defendants. Lord Russell's exposition of the law, proceeding upon a perfectly reasonable interpretation of the statute, barred all the loopholes by which the defendants could have escaped, and the court, all through the trial, showed in the most unmistakable way that in a matter of such vital importance it was not to be fettered by antique technicalities or narrow views.- Solicitor's Journal.

Notes of American Decisions.

BILLS AND NOTES CERTIFICATION BY BANK. — The certification by a bank of a note made payable at such bank, where the maker keeps an account, is an absolute promise by the bank to pay such note, not as the debt of another, but as its own obligation, entitling the holder to suspend any remedy against the maker and relax steps to charge an indorser, and cannot be rescinded by the bank because made under a misapprehension of fact as to the sufficiency of the makers account to meet the note. (Riverside Bank v. First Nat. Bank of Shenandoah [U. S. C. C. of App.], 74 Fed. Rep. 276.,

CONTRACTS PREMIUM FOR ARCHITECT'S DESIGNS. Pursuant to authority given by an act of the legislature, a board of commissioners advertised for plans for a building to be erected in behalf of the city of New York. The advertisement stated that the plans offered would be submitted to a committee of architects, who would select the best six plans; that the designor of the one adjudged by the board of commissioners to be first best would be appointed architect of the building, and the de

signers of the other five would each receive a premium of $2,000. Plaintiff, among many others, submitted plans. The committee of architects made its reports, but, before the board of commissioners had made a decision, the act authorizing the erection of the building was repealed. Plaintiff then sued the city for his services in preparing the plans. No evidence was offered to show that plaintiff's plans were among the best six selected by the committee: Held, that plaintiff had no cause of action. (Audsley v. Mayor, etc., of City of New York [U. S. C. C. of App.], 74 Fed. Rep. 274.)

DEED TO HUSBAND AND WIFE-CONSTRUCTION. -Where lands are granted to a husband and wife, and it appears from the words of the grant that the intent was to create a tenancy in common, they will take and hold the lands granted as tenants in common, and not as tenants of the entirety. (Fulper v. Fulper [N. J., 34 Atl. Rep. 1063.)

EASEMENT-CONSTRUCTION OF GRANT.-A grant of a passageway over grantor's land, so far as it is ambiguous and uncertain, should be construed with reference to the circumstances surrounding the grant, and the nature, condition, and the use of the subject-matter at the time the deed was executed should be regarded; but, under the guise of construction, no new and different contract in lieu of that made by the parties can be created. (Mineral Springs Manuf'g Co. v. McCarthy [Conn.], 34 Atl. Rep. 1043.)

MORTGAGE

OF WIFE'S

HUSBAND AND WIFE REALTY. A joint mortgage by husband and wife of land not held to her separate use is valid, although given to secure a note of the wife which is void because of her coverture. (Cockrill v. Hutchinson [Mo.], 36 S. W. Rep. 375.)

IRRIGATION. OWNERS.—In an action by an irrigation company based on a decree establishing its appropriation of water, to determine the priority of appropriation between its ditch and that of another company situated in another irrigation district, but appropriating water from a tributary of the same stream, it is unnecessary to set out the names of the users of water from plaintiff's ditch, or other facts relating to their individual appropriation. (Farmers' Independent Ditch Co. v. Agricultural Ditch Co., [Colo.], 45 Pac. Rep. 444.)

-PRIORITY OF RIGHT BETWEEN DITCH

safe, regardless of the landlord's knowledge of such defects, or diligence in searching therefor, was erroneous; the common law rule being that there is no implied warranty on the part of a landlord that the leased premises are fit for occupation, or fit for the use for which they are let. (Schmalzreid v. White, [Tenn.], 36 S. W. Rep. 393.)

ASSUMPTION OF RISKS.

MASTER AND SERVANT The lineman of the defendant company, in the discharge of his duty, was ordered to take down a guy wire from an electric pole and guy tree. The pole had not been securely planted. It fell on the lineman, inflicting injuries of which he died. The vice of construction was latent and concealed. The officers of a preceding board of management had been notified of the defect. The company is not relieved under the plea of want of notice, although the present general manager had not been notified, but the preceding manager or superintendent. (Bland v. Shreveport Belt Ry. Co. [La.], 20 South. Rep. 284.)

PRINCIPAL AND AGENT - REAL ESTATE BROKERS AUTHORITY.- Authority to sign an agreement for the sale of lands, binding on the principal under the statute of frauds, may be conferred upon an agent by parol. Such authority may be established by proof that it was expressly conferred, or by proof of circumstances from which it may be reasonably inferred. (O'Reilly v. Keim [N. J.], 34 Atl. Rep. 1073.)

RAILROAD COMPANIES LEASE NEGLIGENCE. While a railroad company cannot, by leasing its line without authority of law, relieve itself of any liability flowing from the manner of its operation, nor, by leasing its line under authority of law, relieve itself of the responsibilities imposed upon it by the law of its incorporation, or of liability in the discharge of the positive duties which it owes to the public, yet a railroad company which has leased its line, under due legislative authority, is not liable for the negligent management of the road over which it has no control. (Hayes v. Northern Pac. R. Co. [U. S. C. C. of App.], 74 Fed. Rep. 279.

RIGHT OF WAY- CROSS

RAILROAD COMPANIES INGS.-One whose land was intersected by the proposed line of a railway company conveyed to the company the right of way, the deed requiring the company to construct a suitable road crossing. Subsequently, the company filed its location, on which the crossing was represented by a dotted line intersecting the right of way, stating that the land taken was most of the way a certain width, but not showing an intention to abrogate the crossing.

Held, that the location did not extinguish the landowner's right to a crossing. (Hamlin v. N. Y. N. H. & H. R. Co., [Mass.] 44 N. E. Rep. 444.