where his horse or other personal property is stolen.1

Another result of registration, that is attended with very practical benefits, is the fact that the holder of the bond is known, and can be notified of any important issue that arises in connection with the bonds. It may be that the holder is a proper party to a suit to test the validity of the issue, or is offered an advantageous option of exchange or redemption. It frequently happens that bonds are recalled by the company. The corporation, by a reserved right, chooses certain bonds that it is privileged to redeem on a certain set day. It gives notice that on that day the principal and interest will be paid, and thereafter no interest can be reckoned on the bond. The holder of a negotiable bond must rely on general notice of this, and it frequently happens that by not knowing of the call, he loses several months' interest. This danger is avoided by registry, for it is a frequent practice, and one which is coming more and more into favor, to notify the regis tered holder personally. Another result from this knowledge of the owner is the more ready detection of a thief or finder who attempts to collect the coupons, which are not themselves registered.

These are the obvious benefits of registration. There are many speculative advantages that may be suggested.

A negotiable county bond, that has been paid and cancelled, and then fraudulently taken from the files and put in circulation, has been held invalid even in the hands of a bona fide purchaser.2

Suppose such bona fide purchaser took the bond to the proper officer and had it registered in his name, and then sold it. Might it not be urged that the registration would operate as a recital by the registration officer that would act as an estoppel to keep the

1 Simonton on Municipal Bonds, sec. 115.

2 Richardson 2. Marshall, 100 Tenn., 346.

county from denying the validity of the bond? If the bond bore no notice of cancellation, this would clearly seem to be the result. In some places there are statutes providing for the fulfilment of certain formalities before bond issues by a municipality are valid. There is a Missouri statute of this sort, passed in 1872. It has been held that where bonds are fraudulently antedated to evade this statute, the bona fide purchaser was not protected.3

If one of these bonds were later registered by the proper offices, could the maker then deny its validity? Bonds that have been materially altered are not collectable by a bona fide purchaser. Suppose they are registered after such alteration. Does not the corporation by the registration assert that the bonds are the property of the person in whose name they are registered, and that such person has good title to the bonds? It would seem that in many cases a valid estoppel could be claimed to secure recovery bonds otherwise not collectable.

on

There are weighty objections to registration, for registered bonds are subject to equities and to the application of the doctrine of his pendens. Furthermore, the fact of registration is often a hindrance to speedy disposition that sometimes interferes with a profitable sale, or causes a diminution in the market value. Where bonds are registered in the names of several trustees, it frequently is difficult to secure a transfer. Examples of this are where the trustees reside in different States, or where one of them is out of the country. When compared, however, with the security and protection afforded by registration, it is submitted that the balance is in favor of registration, and that in the majority of cases it will prove a valuable right to the holder of negotiable bonds.

3 Anthony v. County of Jasper, 101 U. S., 693 (1879.)

N the code of laws passed by the towns of Windsor, Hartford and Wethersfield in the years 1638-9, may be found the following on tobacco chewing: "For asmuch as it is observed that many abuses are crept in, and committed by the frequent taking of tobacko. It is ordered by the authority of this court that no person under the age of twenty-one years, nor any others that hath not already accustomed himselfe to the use thereof, shall take any tobacko until hee hath bought a certificate under the hands of some one who are approved for knowledge and skill in physicks, that is useful for him, and also that hee hath received a lycense from the courts for the same. And for the regulating of those, who either by theire former taking it, have, to theire own apprehensions, made it necessary to them, or upon due advice, are persuaded to the use thereof.-It is ordered that no man within this colonye, after the publication hereof, shall take any tobacko publiquely, in the streets, highways, or any barn-yardes, or upon training days, in any open places, under the penalty of six pence for each offence against this order, in any of the particulars thereof, to bee paid without gainsaying, uppon conviction by the testimony of one witness, that is, without just exception, before any one magistrate. And the constables in the several towns are required to make presentment to each particular courte, of such as they do un

derstand, and can convict to be trangressors of this order."

The weed found in Daniel Webster an ardent champion and enthusiastic advocate. He found in its fragrant fumes a solace from care, and a haven of rest from the troubles and anxieties which are incident to the conduct and trial of law suits. In his early days he wrote thus concerning the good qualities of the weed:

"I have engaged a new auxiliary to support me under mortification; it is tobacco. Since using this great Catholicon, I suspect that Cato and John Rogers were not unacquainted with the virtues of the goodly leaf; else whence derived they this firmness? Oh, tobacco, how many hearts hast thou saved from the destructions of coquetry! How many throats of bankrupts hast thou preserved from their own pen-knives!

"Come then, tobacco, new found friend,
Come, and thy suppliant attend.
In each dull, lonely hour;
And though misfortunes lie around,
Thicker than hailstones on the ground,
I'll rest upon thy power;

Then, while the coxcomb, pert and proud,
The politician, learned and loud,
Keep one eternal clack,

I'll tread where silent nature smiles
Where solitude our woes beguiles
And chew thee, dear toback."

THE

HE bill of rights comprised in the first ten amendments to the Constitution of the United States is a tribute to the conservative instincts of a people who had watched the development of freedom as is slowly broadened out from precedent to precedent. In the constitution and distribution of governmental powers the founders followed, to a large extent, ideas which had been proved by experience. In their method of protecting individual liberty, however, they adopted a new and untried experiment. More than a century and a half earlier Lord Coke had sought to adjust the balance between King and Parliament by interposing the Judiciary as an arbiter. This plan was rejected; and after the ensuing civil war and revolution. Parliament emerged in full possession of the unlimited power which had for centuries been claimed by the crown. Chatham delivered the highest possible eulogy upon the British constitution when he said: "The poorest man may, in his cottage, bid defiance to all the force of the crown; it may be frail, its roof may shake, the wind may blow through it; the storm may enter, the rain may enter, but the King of England cannot enter; all his forces dare not cross the threshold of the ruined tenement." could not go further and say that the Par- | liament might not enter; and to this day Parliament remains supreme. It remained for the founders of our institutions to protect the fundamental personal rights of the citizen, not only from abuse by governmental power, but against the passions of the people themselves. The framers of the Federal Constitution had for a long time been absorbed in considering the arbitrary encroachments of Crown and Parliament upon

He

the liberty of the subject, and were in substantial agreement upon the individual immunities necessary to the enjoyment of the inalienable rights of life, liberty, and the pursuit of happiness-freedom of the person, equality before the law, security of private property, freedom of opinion and its expression, and freedom of conscience. When, therefore, they had drawn up the Federal Constitution, although all interference within this sacred domain had already been prohibited to the States, and notwithstanding that specific provisions had in many instances been inserted in the body of the instrument, the people looked upon this feature of their work as a matter of such vital import that they demanded, as an additional precaution, that the limitations upon Federal power should be express, for fear that they might not be implied. The provisions of this bill of rights are brief and colorless-a mere skeleton of personal rights. But back of every one of the rights thus enumerated lies a long, eventful and absorbing story of struggle with arbitrary power. It may, therefore, be of interest to review this story in so far as it is recorded in the State trials of England.2

'See Ex parte Bain, 121 U. S. 12, per Miller J.

2 The great collection of the English State Trials, commonly associated with the name of Howell, begins with the trial of Thomas Becket, in 1163. But the first volume, which extends to the seventeenth century, is mostly made up of brief extracts from old chronicles. It is not until after the middle of the sixteenth century that we begin to get anything like an accurate report. The reign of James I. is covered by volume 2; of Charles I., by volume three and part of four; the Commonwealth, by part of four and five; while the twenty-eight years from the Restoration to the Revolution require seven volumes. From about 1680 we have full and accurate reports of the actual proceedings. Including the new series, from 1820 to 1858, the State Trials comprise forty-two volumes, and contain the record of over nine hundred trials.