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Building and loan associations are placed under the consciousness." The work gives evidence of much supervision of the Secretary of State.

MINNESOTA,

The Legislature of Minnesota has given much

attention to the revision, amendment and consoli

labor, learning and ability. The arrangement is orderly and the language appears, in general, to be If the preconcise, well chosen and perspicuous.

vious condition of the law of the State was as

chaotic, as I am informed it was, I should suppose

that much benefit would be derived from the new

system. Of course it would be impossible within the limits to which this address must be confined, or with the time at my disposal to review this huge mass of legislation; nor would it, for other reasons, be appropriate. Most of it, as already observed,

has been heretofore enacted elsewhere.

Those who doubt the expediency of attempting to reduce the suggestions of common sense, the rules of logic, the dictates of reason, and the teach

in other words, to attempt to state the law regulatand much in the Civil Code which they would say ing private transactions apart from the facts will might well have been omitted as being more likely to raise new questions than to settle those now existing. The unwritten common law was the horror

dation of the laws in relation to cities, and has in many other important particulars revised the domestic policy of the State, especially in relation to its charitable and educational institutions. It has made an elaborate codification of the laws relative to insurance companies; made an attempt toward the destruction of certain designated noxious weeds, making it unlawful for the owners of land to allow such weeds to go to seed, and allowing the entry of public officers upon private lands for the purpose of destroying them. A provision, quite novel in this country, is en-ings of good morals into abstract statutory formacted permiting either party to an action triable by jury to have a struck, or special, jury at his pleajury to have a struck, or special, jury at his pleasure, the expense thereof being chargeable to the party demanding it. Another novel provision, the purpose of which is not immediately obvious, is found in an enactment that when a verdict is given for damages for personal injuries arising out of the negligence of a co-employe, the name or names of such co-employe or co-employes, when appearing by the evidence, shall be found and stated by the jury in their verdict. Elaborate and rigorous legislation was enacted to prevent corrupt practices in elections. It includes a limitation of the amounts which may be expended by, or for candidetes, and of the ways and purposes in and for which they may be expended, and requires verified and itemized accounts. The regulation of law is also extended to political primaries.

ΜΟΝΤΑΝΑ.

Montana appears in a brand new suit of codes, embracing a Political Code, a Civil Code, a Code of Civil Procedure and a Penal Code. Inasmuch as the leading idea is to have no unwritten law, or as little as possible, the framers of the system have very properly sought to furnish an abundance of the written variety. According to the numbers of the sections there would appear to be upwards of sixteen thousand in the four codes, which is pretty well for a young State; but some gaps are left in the enumeration between the different divisions upon the supposal, apparently, that experience will show the necessity of many additions, and to enable them to be made without disturbing the order of enumeration.

The matter of these codes is in large measure borrowed from the legislation of California, New York and some other States, although much, as I am officially informed by a distinguished lawyer of Montana, has been "evolved from her own inner

-the béte noir-of Bentham. He would have abso

lutely extirpated it, and solemnly advised the origi-
nal States of our Union to adopt that policy. Some
of his followers have imbibed this antipathy and
made efforts to carry it into effect. The proposed

Civil Code to establish which in New York such
earnest efforts were once made, contained a pro-
"In this State there is no
vision in these words,
common law in any case where the law is declared
The framers of the Montana Code
by this Code.”
have borrowed and adopted the declaration; but
have exhibited their wisdom, if not their consist-
ency, by adding provisions which not only preserve
and continue the whole body of the common law,
but nullify their own codification of it. They say
(section 4653 of Civil Code), "The provisions of
this Code so far as they are, substantially, the same
as existing statutes, or the common law, must be
construed as continuations thereof, and not as new
enactments." Therefore, all the Montana lawyer
has to do, or will do, under this Civil Code is to
ascertain, when he is in doubt, what the common
law is upon any subject in the same way which
lawyers have always followed, He must, however,
before his inquiry is finished, consult the Code to
learn whether it may not have been designedly
changed. Codification of this description is simply
digest-making. As legislation it is absolutely in-
effective; for if correctly done, it adds nothing to
existing law, and if incorrectly done, it is to be dis-
regarded. What sort of legislation is that which
leaves to the judicial power the right to sit in judg-
ment upon the legislator and inquire whether he
has properly performed his work? Bentham

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clearly saw that codification committed a plain felo de se unless it started with the assumption that there was no other law save that created by the written word; and, with a courage corresponding to his conviction, he proposed to strip from the judicial mind it prerogative of inquiring what was right, and limit it to the mere office of declaring what was written. The Montana codifiers have not thus chosen to bid definance to nature and her laws. Some attempts are made in this code to introduce into the province of the common law some doctrines which the masters of that system have not hitherto found occasion to employ. An uncaught wild animal is made the property of the person upon whose land it may happen to be, if he chooses to assert it to be such; but what property amounts to which may pass from one to another a hundred times a day against the will of the owner is not very clear. Moreover, its definition of property omits the requisite of utility, and thus makes ferocious wild animals, such as caught rattlesnakes, the subject of property. A title is devoted to the formulation of rules for the interpretation of contracts, and among them is this: "If the terms of a promise are in any respect ambiguous or uncertain, it must be interpreted in the sense in which the promisor believed at the time of making it that the promisee understood it." (Civil Code, sec. 2,214). Of course it is implied that in such cases the misunderstanding of the two parties is or may be different, that is, that there is no meeting of minds, and the prime requisite of a contract is, therefore, wanting; and yet this meeting of minds or consent is made by a prior section of this code an essential to every contract. But it may very properly be said that this is of no consequence, and that an exception may be introduced if in accordance with justice. Let us then see what sort of justice is effected by this novel doctrine. The case aimed at evidently is that of a supposed roguish promisor, but let us suppose an instance in which the rogue, as is often the case, is not so shrewd as he imagines himself to be, and that he is mistaken in his notion of the understanding of the promisee, and also in that of the true interpretation of the contract, which is correctly apprehended by the promisee and very much to his advantage. On the doctrine here enacted into law, the promisee, although perfectly honest, is deprived of this advantage, the true interpretation of the contract is set aside and another engagement, not desired by the promisee, substituted in its place upon which it is conceded the minds of the parties never met. The law of partnership is enriched by some novel additions. One styled "Renunciation of Partnership," permits any partner, even though the association is to continue for a fixed time, to exonerate

himself from all future liability to third persons by giving notice to them. After this he cannot claim any of the profits of the partnership, but yet it is not dissolved, unless his co-partners choose to make this renunciation a ground for dissolution. This seems to give a man the privilege of violating his contract at pleasure. What the renouncing partner had agreed with his co-partners to do was to furnish his responsibility for a definite period. It may be said that the exercise of the privilege of renunciation is not a violation of the contract, but an act in pursuance of it. But where is the wisdom of precluding persons from agreeing to be liable for each other's acts for a definite period if they wish. It may be said that an express agreement not to renounce would still be effective. If this view be taken of the section, it amounts to nothing more than to say that the mere fixing of a term for the continuation of a partnership shall not mean what it has ordinarily been understood as meaning. In the definition of the mutual obligations of partners it is declared that "they are trustees for each other within the meaning of chapter 1 of the Title on Trusts;" now all trustees mentioned in that chapter are subject to removal for cause, and new trustees may be appointed in their places which would be a novel procedure in the case of co-partners; but as the framers of this code have, as already observed, enacted that they are not always to be taken to mean exactly what they say, no other harm is likely to arise from this provision than the litigation requisite to an authoritative declaration of its meaning.

The framers of systems of law do not always sufficiently remember that so far as respects the ordinary doctrines of the common law, an innumerable host of cultivated human intellects, many of them of transcendant ability, have been studying and reflecting for a thousand years upon what is just, fit, and expedient in all the ordinary affairs of life. The final conclusions reached by this process are not likely to be amended by the work of a few revisers giving comparatively brief attention to each particular topic. Anything new that may be thus suggested in the field thus long and diligently explored will be likely to be found erroneous. only where changes have occurred in life and affairs, that is, in the subject-matter to which laws are applied, that the prior conclusions may be in some respects re-shaped or supplemented.

NEBRASKA.

It is

This State has enacted a law regulating admission to the bar, prescribing examinations by a commission of three or more persons appointed by the Supreme Court. The qualifications are two years study with a practicing attorney or graduation at the Law College of the State University, and satis

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factory examinations. Another for the supervision of State banks on the general plan of the National Banking Act; another allowing guarantee companies as sureties on public bonds, a policy which convenience, or the industry of the companies, appears to have extended into many of the States during the year; a law permitting agreements in contracts for the sale of the rolling stock of railroads that the title to the property shall remain in the vender until payment, the agreement, however, to be in writing and filed for record with the Secretary of State; an act regulating the practice of dentistry, and a series of acts for the purpose of establishing a system of irrigation.

NEW JERSEY.

The legislation is of chiefly local interest, but exhibits tendencies in accord with some general features of recent American legislation. An effort is made to rescue municipal elections from the dominating influence of partisanship by providing for elections in the spring. A step is taken toward some control by law over private insane asylums. Extensive provision is made for the establishment of parks in cities. The movement in which our association is so much interested is favored by the continuation of former legislation in relation to a commission upon the subject of uniformity in legislation, looking to consultation with commissiouers of other States. Women are made eligible for commissioners of deeds. The State has also essentially modified her judicial establishment; though in a manner interesting only to her own citizens.

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ALTERATION.

Where a note was altered after delivery by an agent of the payee, without the maker's knowledge, by an interlineation of the words "with interest at six per cent," which occupied only half a line and appeared to have been interlined, no recovery could be had thereon by a subsequent holder for value of either interest or principal alone. (Gettysburg Nat. Bank v. Chisolm, [Penn.], 32 Atl. Rep. 730.

PRINCIPAL AND AGENT— TRUSTS.-The executors of one D filed a bill for an accounting against C, alleging that he had obtained control of the affairs of D, an inexperienced woman, and had misappropriated her property, and failed to account. C denied the charges, and, on the hearing, there was a failure to prove that D was under C's control; and it appeared that while she had had full opportunity for ten years, while free from C's influence, to ob

EXEMPTION

PUBLIC CHARITIES.

ject to his management, she had never done so, and that C held vouchers for his most important transactions. (Halsey v. Cheney [U. S. C. C. of App.], 68 Fed. Rep. 763.) TAXATION Farms purchased and permanently used by a hospital for hospital purpose, as part of the hospital plant, and as an open-air sanitarium, in actual operation for such purposes, and incidentally for profit to reduce expenses, though separated from the main hospital, and used for hospital purposes only during the summer months, are exempt from taxation. (Contributors to Pennsylvania Hospital v. Delaware County [Penn.], 32 Atl. Rep. 456.)

New Books and New Editions. HALL'S BANKING LAWS. By Charles R. Hall, of the New York State Banking Department.

This work has recently been published and contains the revised and amended statute laws on this important subject, including the banking laws of New York relating to banks, individual bankers, savings banks, trust companies, co-operative savings and loan associations, mortgage, loan or investment, and safe deposit, corporations, together with the national bank act. It also contains the statutory construction, general and stock corporation laws of the State of New York, and other constitutional or legislative provisions of the United States or of the State of New York pertinent to this subject. There has been for a long time a feeling that just such a work as this should be published, and it can be said without fear of contradiction that the experience and ability of the author, together with the knowledge gained from experience in the banking department of the State of New York, makes the work one that will be appreciated throughout the State, even outside of the vided into thirty-six chapters, together with a part members of the legal profession. The work is didevoted to the national bank act, which is divided into eight chapters. Under each chapter there are

a number of articles which are subdivided into sections. The arrangement is most pleasing in that the citations and references are added at the end of each section. The form of this book and the way in which it is gotten up is, we believe, more popular than the text-book. After the chapters giving the statutory provisions we have referred to and the National Bank act, comes suggestions and instructions in regard to the management and organization of national banks, issued by the comptroller of the currency. This in itself is valuable and gives the proper and recognized forms now in use. Following this are the official forms for the organization of monied corporations under the New York State

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Banking Law. These are the ones now in use by the banking department of this State, and show brevity and clearness. Following this are over 100 pages devoted to the text of decisions of the general subject, which is followed by an excellent index in general and one for the State laws as well as one for the National Bank Act.

thousand pages. After the index is found a table of cases digested. The volume is bound in sheep and is published by the West Publishing Company, St. Paul, Minn.

FRENCH CIVIL CODE. Translated by Henry Cachard, B. A., counsellor-at-law of the New York

Published by Matthew Bender, 511-513 Broad-bar. way, Albany, N. Y.

NEGLIGENCE OF IMPOSED DUTIES, BY CHARLES A.
RAY, LL.D., Ex-CHIEF JUSTICE OF INDIANA SU-
PREME COURT, AUTHOR OF NEGLIGENCE OF IM-
POSED DUTIES, PERSONAL; AND CARRIERS OF PAS-
SENGERS, AND CONTRACTUAL LIMITATIONS..

This text-book is divided into twenty-two chapters and contains over a thousand pages devoted to the subject above referred to. The first chapter is devoted to Liability and Duty to Provide Safe Transportation. Following this are chapters on Limitation of Liability by Contract and by Statute; Acceptance of Goods by Carrier; Bill of Lading; Validity of Bill of Lading; Act of God; Perils of the Sea; Fire Clause; Freight Charges Regulated by Value of Article; Transportation of Cattle; Packing and Stowing Goods; Deviation from Route, Delay of Transportation of Goods, Negligent Loss or Illegal Capture of Cargo, Transportation by Carriers over Connecting Lines, Liabilities, Charges, Facilities, Connecting Carriers, Combinations; Interstate and State Commerce; Competition, Discrimination and Continuous Carriage; Unjust Discrimination; Freight Charges; Delivery of Goods; Action against Carrier of Goods; Insurance; Presumption; Statutory Limitation of Liability.

This book is one of the most valuable additions to the list of English law books which has been made for many years, and will find a welcome place from the members of the bar in English speaking countries. It will be valuable not alone to the practising lawyer but will be of great literary importance and worth to students of general literature. It will be easily remembered that many foreign courts when called upon to decide questions of French law have almost uniformly rendered decisions not in accordance with the law of that country and this work will, at least, give easy access to English speaking courts to the Code which now exists in France with all its amendments and changes to date. Aside from this practical value which the work has, it will be entertaining to lawyers and students alike when it is remembersd that Napoleon, when presiding over the meetings at which the articles were discussed, showed the greatest aptitude and cleverness in assisting and framing many of the provisions of the code now found in the present work. The Napoleonic craze of the last few years, which has induced so many writers to enter upon a discussion of more or less of Napoleon's life, have, perhaps, wearied many by the ceaseless prattle on the one well-worn subject. To them this work comes as a fresh and entirely new evidence of Napoleon's ability and natural gifts and as such will be most gratifying to many who have become wearied of so much that has been written. To New Yorkers it will be peculiarly interesting when it is recalled that one of the efforts of one of the greatest lawyers of this State, David Dudley Field, was largely devoted to the framing of the Civil Code and to attempts to have the same made part of the statute law of this State. It will also give some idea to many lawyers of the value of codification of some of the common Published by The Lawyers' Co-Operative Publish- law and will give a definite plan of what might be ing Company, Rochester, N. Y.

The arrangement of this book, with the foot-notes at the bottom of each page, makes it very easy for reference, while the reference and citations are numerous and from every State in the Union, as well as from the United States courts. As a general

text-book it should receive the careful consideration

of the bar. Its facility of reference by means of the index makes it a valuable book for a lawyer's library.

AMERICAN DIGEST, 1895, annual.

The appearance of this work gives another large volume to the editions which have preceded it, while it is sufficient to say that the Digest is apparently of all the decisions of the different courts of this country. Naturally, we have been unable to thoroughly examine the work than to have any other assurance that it was published by the West Publishing Company. The volume contains over five

comprehended within statutory limitations. As will be remembered the code is divided into three books. The first of these books contains eleven titles, the second four titles, and the third twenty titles. The first book deals with persons, the second book with property and the third book deals with the different ways of acquiring property. The present work covers over five hundred pages devoted to the text of the code, and an index of one hundred pages is added. Published by Banks & Brothers, New York and Albany.

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The Albany Law Journal.

ALBANY, NOVEMBER 23, 1895.

Current Topics.

[All communications intended for the Editor should be addressed simply to the Editor of THE ALBANY LAW JOURNAL. All letters relating to advertisements, subscriptions, or other business matters, should be addressed to THE ALBANY LAW JOURNAL COMPANY.]

corporations transacting the same kind of business in different States as competitors and entirely independent of each other, manufacturing and selling among other products ninetynine per cent of the cigarettes manufactured and sold in the United States; that said firms and corporations, for the purpose of preventing competition among themselves and in order to obtain a monopoly of the manufacture and sale of this particular line of goods, and to arbitrarily

N the 19th of November, 1895, Attorney- fix and maintain the prices of that commodity,

decision in the case of C. A.Whelan & Co. against the American Tobacco Company, a proceeding preliminary to the commencement of an action to prohibit the American Tobacco Company from doing business in this State. It is claimed that the attorney-general in granting this petition has taken the first step in the movement against the different trusts which do business in this State. The action from now on will be productive of great interest among lawyers of all the States and will probably be conducted by the most distinguished counsel in the United States. In view of the numerous interests which are involved from a financial standpoint, not to speak of the legal principles which must be settled, it is proper that we should publish the full opinion of the attorney-general, which is as follows:

"Application has been made to the attorneygeneral to commence an action in the name of the people against the American Tobacco Company to obtain a judgment restraining the company from transacting the cigarette business in this State and to cancel the certificate of au

thority heretofore granted to the company authorizing it to carry on business in the State of New York. It appears from the papers presented upon the hearing that the American Tobacco Company is a New Jersey company, incorporated on or about Jan. 20, 1890, with a capital stock of $35,000,000."

After referring to the company's receipt of a certificate authorizing it to do business in this State, the attorney-general continues: "An action is now pending against the company in the State of New Jersey, in which it is alleged in substance that the company was organized for unlawful purposes; that the incorporators of the company originally consisted of firms and VOL. 52 No. 21.

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poration to be known as the American Tobacco Company, in which they should respectively become stockholders, receiving full paid stock in payment for the purchase of them, by said company, of the property used by each of them in the business in which they were then engaged; that said company was thereupon organized and its stock divided among the various corporations and firms entering into the agreement; but that the incorporators never intended to establish any factories or depots in the State of New Jersey, and that neither they nor any of them, nor the company itself ever had any place of business in that State, but that the original corporations and individuals continued to transact business in their respective localities as before, and that the object of the organization of said company was to restrain trade, prevent competition and to secure a monoply in the manufacture and sale of cigarettes. Various other allegations are contained in said complaint, charging a conspiracy and unlawful combination. Substantially the same statements are contained in the papers presented to me, all of which are specifically denied by the officers of the company, and are the subjects of controversy in the New Jersey suits. The allegations charging a conspiracy and unlawful purpose and combination upon the part of the organizers of the company in obtaining its charter, are properly matters to be investigated by the courts of the State where the original articles of incorpora

tion are filed."

Reference is made to the illegality of combinations made to control prices and produce a monopoly, after which the opinion states the tobacco company's method of doing business as follows: "The general plan adopted by the company appears to have been to constitute

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