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under which preferential payments by an insolvent debtor are permitted. The transaction I could be set aside for the benefit of the body of creditors of Kugelmann & Co., because the statute of Maryland declared it to be void, and Vasquez, by assenting to the transfer in violation of the act, may have subjected himself to liability as a general partner. But, to authorize an attachment under subdivision 2 of section 636 of the Code, there must be actual or intended fraud upon creditors; such fraud as was contemplated by the statute of Elizabeth and similar statutes. The violation of the limited partnership act by the preferential payment of an honest debt does not show that the debtor has "assigned, disposed of or secreted his property" with intent to defraud his creditors, within the attachment law.

tack of nausea. Thereupon Mrs. X. said that she and her husband intended to leave the car at a place before they reached Chicago, and that her husband would give their section to the plaintiffs. This was accordingly done. A little further on the Pullman Palace car conductor, knowing that Mr. and Mrs. Curlander had left the train, sold the section again from that point to Chicago. On going to the section he found it occupied by the plaintiffs. On being requested to return to their former seats the plaintiffs refused and showed their permission for use of the section. As a result of this plaintffs were ejected from the section. It is admitted that a ticket for a section on a sleeping car is transferable by delivery at any time before the holder enters upon the journey for which it was purchased, but it is contended that if he once enters upon his trip and leaves the train before arriving at his

such section for the balance of the rrip for which it was sold. The judge shows that, in the absence of authority, the defendant relies upon the analogy between the contract of carriage by a railroad company and the contract for the use of a section on a sleeping car, and invokes the rule of construction which is applied to the contract of carriage. The reasons for such construction are fully stated in McClure's case, 34 Md. 532. Continuing the judge says:

In Curlander v. Pullman Palace Car Co., Judge Ritchie of the Superior Court of Mary-destination, he abandons or forfeits his right to land holds that the purchaser of a section in a Pullman sleeping car for a given trip has the right, on leaving the train before he reaches his destination, to transfer the use of his section to another first-class passenger for the rest of the trip for which it was sold. Martin Curlander and his wife, the plaintiff, left Baltimore for Chicago; another couple, designated as Mr. and Mrs. "X.", boarded the same train at Washington for the same destination. All parties were entitled to a first-class passage to Chicago. Mr. X. bought and paid for the use. of section number one on one of defendant's cars from Washington to Chicago, the only condition of which was that it was "good for this date and car only when accompanied by a first-class railroad ticket." During the day the conductor of the palace car took up the ticket and gave Mr. X. a check for the use of the section in question. The check showed on its face the same trip as the original ticket - that is, from Washington to Chicago- and the only limitation was, "this check is good for this trip only." On the same day the plaintiffs bought the upper section of the same car of berth number six. On the next morning it was found that the seats which went with the upper berth, and which the plaintiff occupied, were those which required Mrs. Curlander to ride backwards. This induced a violent at

When the passenger has selected his train and has called on the railroad company to perform its contract and carry him to his destination, and the company tenders itself ready to perform, furnishes the necessary means and accommodations, there is good reason why he should not be permitted to stop off at one or more intermediate stations, and afterwards resume his journey on the same ticket. Under the contract of carriage, the railroad company must furnish accommodations and has active services to perform, and when it has once responded to the demand of the passenger and has partly performed its duty and stands ready to perform the rest, it would be unreasonable to require it to stand ready again and again to respond to the call of the passenger according as he may please to break his journey. Further reasons stated in the authorities why the

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that the purchaser of a section may share its use with any proper persons whom he invites into it; this is because he has purchased the use of the whole section, and as he can bestow on others the right to use part of it while he is there, I can see no reason why he can not confer upon them the right to continue the use of it when he leaves the train before the end of the trip for which it has been sold. It is also conceded, as I have said, that the purchaser may transfer his section before he enters upon his journey. I can see no reason why it should become absolutely non-transferable the moment after he starts. I can see no reason why he cannot transfer it immediately after starting if he chooses to ride in a passenger coach; or why two passengers might not exchange sections; or why after having gone half of his journey, the holder might not then transfer his section for the balance of the trip, and himself withdraw into a passenger coach. It is conceded that he can make such transfers as long as he remains on the train, provided he gives notice to the conductor and gets his assent. But the assent of the defendant to such trans

railroad contract is construed to mean a continuous trip by the same train are that the contrary doctrine would impose on the carrier additional duties, the removal of the passenger and his baggage from one train to another, an increased risk of accidents, and a hindrance and delay not contemplated. It is contended that the same reasons, or some of them, prevent the passenger when leaving the train from making a valid transfer of his railroad ticket to some one else for the rest of the trip; and further, that the same considerations require a similar construction of the contract made with the Pullman Company. But from the different nature of the contracts, none of these reasons apply in the case of the sale of a section in a sleeping car, and they do not require that a continuous trip under the Pullman contract should be construed to mean a continuous trip by the same person. The contract being for the use of a given section on a given train, necessarily imports a continuous trip by that train, and the Pullman Company needs no protection against a demand for the use of the same section on the same ticket on a later day; no additional duties are imposed on the Pull-fers is not necessary, because there is no conman Company by allowing the transfer of his section for the rest of the trip by a passenger who leaves the train; it is not subjected thereby to any additional risks, nor to any hinderance or delay; it handles no baggage, no additional attentions are required, and it makes no difference whether the porter makes up the berth and dusts off the set for one passenger or another. The company sells the use of its section, with the right to some trifling services from its porter from one point to another and is paid in full for the same; it can make no possible difference to it whether the section is occupied by one first-class passenger or another, and whoever may hold it, the company can be called upon to do or furnish nothing that it has not agreed to and been paid for. If the holder leaves the train without transferring his section, it might be inferred that he had abandoned it to the company and it might be resold, but when the company undertakes to sell again what it has already once sold and been paid for, it does so at the risk of trespassing upon the rights of others.

It is held in Searle's case 45 Fed. Rep. 330,

dition in the contract which requires it. If the holder of the section, after having gone part of his journey, can transfer it to another for the rest of the trip, he himself continuing on the train but riding in a passenger coach, as I think he can do, he can make a valid transfer on leaving the train, because it makes no difference to the Pullman Company, which has nothing to do with his contract of transportation, whether he withdraws into a passenger coach or leaves the train.

It is further contended that the condition on the ticket that it is good "only when accompanied by a first-class railroad ticket," and the limitation on the conductor's check that it is "good for this trip only," and the fact that the through rate from Washington to Chicago is less than the aggregate rate of a section from Washington to Deshler and then from Deshler to Chicago, imply a restriction against transfer after the holder has once started. I cannot accept this view. The condition on the ticket is simply a designation of the class of persons who alone are entitled to avail of the conveniences of the sleeping car; it would prevent the

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Whether the ejection of Mrs. Curlander was the act of defendant or of the train conductor, as well as the measure of damages, I will leave to the jury under the instructions to be granted.

the trip stated on the face of the check uponience which call on the court to so construe which is found the restriction, that is, from the voluntary contracts of this defendant as to Washington to Chicago. No attempt was enable it, contrary to the wishes of the first made to use it on any other trip than the trip purchaser, to sell the same thing twice. for which the check expressly states that it was good. Even if "this trip" under the contract of carriage, would from its nature be construed to mean a trip by the same person as well as on the same train there is nothing, as I have endeavored to show, which would require these words to receive the same construction under the contract in question. To construe this condition as meaning "good for this trip only, and good only in the hands of the holder who starts with it," would be nothing less than interpolating a material condition not in the con

tract.

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There is nothing in the fact of a reduced rate which implies non-transferability. may well be that the company prefers by one transaction to sell a section for a long trip at a reduced rate rather than chance its sale at higher local rates to several successive purchasers between intermediate stations. It is settled that the usual return coupons of roundtrip excursion tickets, which are always sold at reduced rates, are transferable. Carsten's case, 44 Minn. 454; Hoffmann's case, 45 id. 53; Sleeper's case, 100 Pa. 257; and where a through straight ticket over several roads is sold at a reduced rate, the passenger at the end of any one road may transfer any remaining coupons. Nichols' case, 23 Ore. 123. The

When the Court of Appeals handed down its decision in the case of The People v. Shea, we had occasion to remark in approving words of the recommendations made by the court of last resort in regard to the presentation before that court of evidence in capital cases. The present method of placing before that court for its consideration all the evidence given before that jury, and in the Shea case the questions. put to the jury, together with their answers, also, is cumbersome and most onerous and burdensome to the courts to which such facts are presented, and we certainly think that a court which must necessarily perform so many and important functions should be relieved to the greatest possible extent consistent with justice and fair dealing toward the accused. A striking passage in the case of The People v. Kerrigan, 147 N. Y. 210, which was one of the first capital cases decided after the Shea case, is noteworthy and should be considered. passage referred to is as follows:

The

"While this court has the power in a capital case to review the facts and to grant a new trial when satisfied that the accused has not had a fair trial, or when injustice has been done, it must observe the rules and principles which apply to all tribunals exercising appellate juris

condition on a railroad ticket that in consideration of a reduced rate it is not transferable is good, but non-transferability will not be implied from the mere fact of a reduced rate. If the reduced rate does not affect the right to transfer the railroad ticket, there is no reason why it should prevent the transfer of the Pull-diction. It is the province of the jury to deman ticket.

It follows, from what I have said, that, in my judgment, the transfer of the section in question to Mr. Curlander was valid and the ejection of his wife therefrom was wrongful. There being no restriction upon its transfer in the terms of the contract, except as against

termine questions of fact depending upon evidence in any way conflicting and to declare by their verdict what the truth is, and when once determined, upon evidence which is sufficient, even though capable of diverse and opposing inferences, this court has no more right than the trial court to substitute its own judgment in

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the place of that of the jury or to usurp its legitimate functions."

This paragraph is one which at least gives an idea of the way the court of last resort regards the present cumbersome method of presenting the evidence on appeal.

ADDRESS OF JAMES C. CARTER, PRESIDENT OF THE AMERICAN BAR ASSOCIATION.

The object of our Association is declared to be "to advance the science of jurisprudence, promote the administration of justice and uniformity of legislation throughout the Union, uphold the honor of the profession of the law, and encourage cordial intercourse among the members of the American Bar."

No happier statement could be made of the purposes which such an Association as ours should have in view. It recognizes the fact that though we are citizens of different States in some degree sovereign, we are yet one people, one immense human society with common interests, common hopes and a common destiny; that among the greatest concerns of that, as of every society, are its jurisprudence and legislation; that that great interest is, in large degree, under the care and control of the members of the legal profession; that it is their duty to reduce it to a science, to develop its usefulness, to simplify it into uniformity, to correct any evil tendencies which may beset it, and to these ends to uphold the honor of the profession and inspire its members with a just conception of their high office.

It is made the especial duty of the President to communicate in the address with which he is

charged to open each Annual Meeting "the most noteworthy changes in statute law on points of general interest made in the several States and by Congress during the preceding year." A full and discriminating performance of this duty, involving an intelligent examination of the doings of nearly forty Legislatures, would be an impossible task for a lawyer actively employed in the work of his profession. I have been able to give but hasty and superficial glances over this vast field, and it is those things only which have, as it were, caught my eye upon that general survey which I am able to lay before you. In default of perceiving a better method (if there be a better one) I shall deal with each State by itself, and no order preferable to that of the alphabet occurs to me.

ALABAMA.

The wisdom or the folly of Alabama is evidenced by a bulky volume containing 572 acts which occupy 1,244 pages.

They embrace an act designed to give married women more than eighteen years of age the same rights in respect of property and the making of contracts as were before enjoyed by those twenty-one years of age, and to non-resident married women the same rights with residents; also an act repealing a prior act designed to prohibit the employment of women and children in work for more than eight hours a day; an act to prohibit the levying of black-mail by threatening letters and otherwise; and a rather curiously framed act designed to regulate the practice of embalming dead human bodies. It establishes a State board, the members of which are not required to possess a knowledge of physi ology and anatomy, but to be "practical embalmers having experience in the business," but they must, nevertheless, find whether applicants for an embalmer's license, which they alone are authorized to grant, are possessed of a "knowledge of the venous and arterial systems, the location of the heart, lungs, human body; the location of the abdominal, pleustomach, bladder, womb and other organs in the

ral and thoracic cavities; the location of the carotid, brachial, radial, ulnar, femoral and tibial arteries, a knowledge of the science of embalming, etc."

We have also an act to prevent boycotting, and applicable both to employers and workman; certain amendments of the State code, inter alia, one confirming and increasing the authority of the Supreme Court to establish rules of procedure both for that court and the Court of Chancery; a proper recognition, as I think, of the wisdom of committing the system of procedure to judicial rather than legisla tive control; an act appointing a single commissioner "to revise, digest and codify all the statutes of the State of a general and public nature;" an act designed to suppress the fraud of officers of a corporation attempting to depreciate the price of its stocks below its value with intent to buy it in; another, quite inconsistent with the one above noticed, which entrusts the framing and amending of the civil procedure to the Supreme Court, amending certain sections of the civil code and rules of the Court of Chancery relating to the filing and service of interrogatories under a commission to take testimony; another making it a misdemeanor to print, publish or expose for sale any book or pamphlet containing the history of any person popularly known as an outlaw; and an act imposing severe punishment for train robbery.

ARKANSAS.

Arkansas contents itself with the modest activity shown by 150 public acts, embracing 257 pages. No one will regret that survival of the doctrine of State sovereignty evidenced by acts not only of this, but other legislatures of Southern States, for the

support from the public treasury of disabled and dindigent Confederate soldiers. The employment t of convicts in competition with other labor is allowed by another act of this Legislature and marks a difference in the social conditions of the States. Such legislation could hardly be brought about in the more populous Northern and Eastern States. The resolute tendency towards the prohibition of the sale of intoxicating liquors, and its limitations also, find expression in an act making it unlawful to sell or give away any such liquors, including wine, within five miles of Hineman University School, at Monticello, Drew County, except, in the case of wine, by those who make it "from grapes of their own raising and sell it on their own premises." Humanity and decency are gratified by an act providing for the appointment of a matron for female prisoners in cities of the first-class. An act was also passed in obedience to the public sentiment rapidly extending through the country throwing the safeguards of law around the elections for candidates at primary political meetings. But three private acts were passed by this Legislature.

CALIFORNIA.

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California has passed an act permitting actions generally, including those involving the possession and title of real property, to be maintained by and against executors and administrators in all cases where they might be maintained against their respective testators and intestates, this seems to introduce an anomaly in respect to real property; an act permitting foreign executors and administrators to satisfy mortgages; another providing for an exercise of discretion by the court to empanel one or two "alternate jurors" to take the place of any regular juror who may die or become disabled during a trial; another for the retirement upon pensions of public school teachers after a service of twenty years; another limiting the liability of inn-keepers,

Prompted, apparently, by recent notorious scandals this State has framed legislation requiring the solemnization of marriages and repealing prior provi. sions of law, under which what are commonly styled "common law marriages" could be easily set up.

At the general election of November several important constitutional amendments were adopted by the people. In one a step was taken in the direc tion of educational qualification for the exercise of the right of suffrage. It requires, with certain exceptions, the voter to be able to read the Constitution in the English language and to write his name. Others exempt young fruit trees and vines from taxation, make a like exemption in favor of free libraries and public museums, and forbid ownership of real property by aliens.

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Other amendments to the Constitution were framed by the last legislature and will be submitted to popular vote at the general election to be held in 1896. One consists of substantially the educational qualifications as that established by the legislature as already mentioned, but omitting all reference to the male sex, and thus designed to give the right of suffrage to women. Another makes the stockholders of corporate bodies liable to the corporation, or its creditors, to the extent of any unpaid part of the capital stock held by them, and makes the directors liable to the creditors and stockholders for any moneys embezzled or misappropriated during their terms of office by the officers of the corporation.

COLORADO.

The legislature of Colorado passed 114 acts embracing the moderate extent of 256 pages. Among these was one designed to secure equal rights and privileges for all persons, without distinction of race or color, in public accommodations and in merchants to procure a license before engaging in places of amusement; another requiring commission their business and to give bonds available for the

benefit of persons sustaining loss or damage through them,—a rather exceptional interference by government, the grounds of which do not clearly apAnother act properly associates patriotism with the condemnation of anarchy. It prohibits the display upon any State or municipal building of any flag other than those of the State and the United building, or in any street procession, or parade, of States, and also prohibits the display upon any such the flag of any anarchistic society.

boarding and lodging house keepers; another establishing a non-partisan commission of three persons for the purpose of revising, compiling, correcting, amending, systematizing, improving and reforming the laws of the State;"pear. a very broad authority which would produce inestimable benefits, if it were 1 wisely executed, but what is meant by a non-partisan commission of three is not very clear. The facilities for the union of capital and business interests are made practically unlimited by an act for the formation of co-operative association of five or more persons for the purpose of transacting any lawful business.", The general tendency to relieve married women of their disabilities in respect of property is followed by enactments authorizing them to execute powers of attorney and acknowledgments as if unmarried.

Another act constitutes a board of three commissioners for the promotion of uniformity of legislation throughout the United States.

CONNECTICUT.

Connecticut exhibits a record of 350 enactments. Among them is one making an attempt to prevent

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