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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.
labor, learning and ability. The arrangement is MINNESOTA.
orderly and the language appears, in general, to be The Legislature of Minnesota has given much concise, well chosen and perspicuous. If the pre
vious condition of the law of the State was as attention to the revision, amendment and consolidation of the laws in relation to cities, and has in chaotic, as I am informed it was, I should suppose
that much benefit would be derived from the new many other important particulars revised the domestic policy of the State, especially in relation to
system. Of course it would be impossible within its charitable and educational institutions. It has
the limits to which this address must be confined, made an elaborate codification of the laws relative
or with the time at my disposal to review this huge to insurance companies; made an attempt toward
mass of legislation; nor would it, for other reasons, the destruction of certain designated noxious weeds, be appropriate. Most of it, as already observed,
has been heretofore enacted elsewhere. making it unlawful for the owners of land to allow such weeds to go to seed, and allowing the entry
Those who doubt the expediency of attempting of public officers upon private lands for the purpose
to reduce the suggestions of common sense, the of destroying them.
rules of logic, the dictates of reason, and the teachiA provision, quite novel in this country, is en
ings of good morals into abstract statutory formacted permiting either party to an action triable by in other words, to attempt to state the laro regulatjury to have a struck, or special, jury at his plea- ing private transactions apart from the facts will
find much in the Civil Code which they would say sure, the expense thereof being chargeable to the party demandiug it. Another novel provision, the might well have been omitted as being more likely purpose of which is not immediately obvious, is
to raise new questions than to settle those now exfound in an enactment that when a verdict is given
isting: The u written common law was the horror for damages for personal injuries arising out of the
-the béte noir—of Bentham. IIe would have alsonegligence of a co-employe, the name or names of lutely extirpated it, and solemnly advised the origi
Some such co-employe or co-employes, when appearing nal States of our Union to adopt that policy. by the evidence, shall be found and stated by the of his followers have imbibed this antipathy and
The proposed jury in their verdict. Elaborate and rigorous legis- made efforts to carry it into effect.
Civil Code to establish which in New York such lation was enacted to prevent corrupt practices in elections. It includes a limitation of the amounts
earnest efforts were once made, contained a prowhich may be expended by, or for candidetes, and
vision in these words, "In this State there is no of the ways and purposes in and for which they common law in any curse where the law is declared may be expended, and requires verified and item-by this Coile." The framers of the Montana Code ized accounts. The regulation of law is also ex
have borrowed and adopted the declaration; but tended to political primaries.
have exhibited their wisclom, if not their consist
ency, by adding provisions which not only preserve MONTANA.
and continue the whole body of the common law, Montana appears in a brand new suit of codes, but nullify their own codification of it. They say embracing a Political Code, il Civil Code, a Code (section 4653 of Civil Code), “ The provisions of of Civil Procedure and a Penal Code. Inasmuch
this Code so far as they are, substantially, the same as the leading idea is to have no unwritten law, or
as existing statutes, or the common law, must be as little as possible, the framers of the system have
construed as continuations thereof, and not as new very properly sought to furnishi an abundance of
enactments." Therefore, all the Montana lawyer the written variety. According to the numbers of has to do, or will do, under this Civil Code is to the sections there would appear to be upwards ascertain, when he is in doubt, what the common of sixteen thousand in the four codes, which is law is upon any subject in the same way which pretty well for a young State; but some gaps are lawyers have always followed, He must, however, left in the enumeration between the different divi- before his inquiry is finished, consult the Code to sions upon the supposal, apparently, that experi- learn whether it may not have been designedly ence will show the necessity of many additions, changed. ('odification of this description is simply and to enable them to be made without disturbing digest-making. As legislation it is absolutely inthe order of enumeration.
effective; for is correctly done, it adds nothing to The matter of these codes is in large measure bor- existing law, and if incorrectly done, it is to be disrowed from the legislation of California, New regarded. What sort of legislation is that which York and some other States, although much, as I leaves to the judicial porrer the right to sit in judgam oflicially informed by il distinguished lawyer of ment upon the legislator and inquire whether he Montana, has been “evolved from her own inner | has properly performed his work ? Bentham
clearly saw that codification committed a plain himself from all future liability to third persons by felo de se unless it started with the assumption that giving notice to them. After this he cannot claim there was no other law save that created by the any of the profits of the partnership, but yet it is written word; and, with a courage corresponding not dissolved, unless his co-partners choose to make to his conviction, he proposed to strip from the this renunciation a ground for dissolution. This judicial mind it prerogative of inquiring what was seems to give a man the privilege of violating his right, and limit it to the mere office of declaring contract at pleasure. What the renouncing partner what was written. The Montana codifiers have not had agreed with his co-partners to do was to furnish thus chosen to bid definance to nature and her laws. his responsibility for a definite period. It may be
Some attempts are made in this code to introduce said that the exercise of the privilege of renunciainto the province of the common law some doc- tion is not a violation of the contract, but an act in trines which the masters of that system have not pursuance of it. But where is the wisdom of prehitherto found occasion to employ. An uncaught cluding persons from agreeing to be liable for each wild animal is made the property of the person
other's acts for a definite period if they wish. It upon whose land it may happen to be, if he chooses may be said that an express agreement not to reto assert it to be such; but what property amounts
nounce would still be effective. If this view be to which may pass from one to another a hundred | taken of the section, it amounts to nothing more times a day against the will of the owner is not than to say that the mere fixing of a term for the very clear. Moreover, its definition of property continuation of a partnership shall not mean what omits the requisite of utility, and thus makes fero- it has ordinarily been understood as meaning. In cious wild animals, such as caught rattlesnakes, the
the definition of the mutual obligations of partners subject of property. A title is devoted to the for- it is declared that “they are trustees for each other mulation of rules for the interpretation of con within the meaning of chapter 1 of the Title on tracts, and among them is this : “If the terms of Trusts; ” now all trustees mentioned in that chapa promise are in any respect ambiguous or uncer ter are subject to removal for cause, and new trustees tain, it must be interpreted in the sense in which may be appointed in their places which would be a the promisor believed at the time of making it that novel procedure in the case of co-partners; but as the promisee understood it.” (Civil Code, sec.
the framers of this code have, as already observed, 2,214). Of course it is implied that in such cases enacted that they are not always to be taken to the misunderstanding of the two parties is or may mean exactly what they say, no other harm is likely be different, that is, that there is no meeting of to arise from this provision than the litigation reminds, and the prime requisite of a contract is, quisite to an authoritative declaration of its meantherefore, wanting; and yet this meeting of minds ing: or consent is made by a prior section of this code The framers of systems of law do not always an essential to every contract. But it may very sulliciently remember that so far as respects the properly be said that this is of no consequence, ordinary doctrines of the common law, an innumand that an exception may be introduced if in ac
erable host of cultivated human intellects, many of cordance with justice. Let us then see what sort
them of transcendant ability, have been studying of justice is effected by this novel doctrine. The and reflecting for a thousand years upon what is case aimed at evidently is that of a supposed just, fit, and expedient in all the ordinary affairs of
life. roguish promisor, but let us suppose an instance in
The final conclusions reached by this process which the rogue, as is often the case, is not so
are not likely to be amended by the work of a few shrewd as he imagines himself to be, and that he is revisers giving comparatively brief attention to each mistaken in his notion of the understanding of the particular topic. Anything new that may be thus promisee, and also in that of the true interpreta- suggested in the field thus long and diligently ex
It is tion of the contract, which is correctly apprehended plored will be likely to be found erroneous. by the promisee and very much to his advantage. only where changes have occurred in life and affairs, On the doctrine here enacted into law, the promisee, that is, in the subject-matter to which laws are although perfectly honest, is deprived of this ad- applied, that the prior conclusions may be in some vantage, the true interpretation of the contract is respects re-shaped or supplemented. set aside and another engagement, not desired by
NEBRASKA. the promisee, substituted in its place upon which it This State has enacted a law regulating admission is conceded the minds of the parties never met. to the bar, prescribing examinations by a commisThe law of partnership is enriched by some novel | sion of three or more persons appointed by the additions. One styled “Renunciation of Partner- | Supreme Court. The qualifications are two years ship,” permits any partner, even though the associa- study with a practicing attorney or graduation at tion is to continue for a fixed time, to exonerate the Law College of the State University, and satis
PUBLIC CHARITIES. —
factory examinations. Another for the supervision ject to his management, she had never done so, and of State banks on the general plan of the National that C held vouchers for his most important transBanking Act; another allowing guarantee com actions. (Halsey v. Cheney (U. S. C. C. of App. ], panies as sureties on public bonds, a policy which 68 Fed. Rep. 763.) convenience, or the industry of the companies, ap TAXATION pears to have extended into many the States dur
Farms purchased and permanently used by a hosing the year; a law permitting agreements in con- pital for hospital purpose, as part of the hospital tracts for the sale of the rolling stock of railroads plant, and as an open-air sanitarium, in actual opthat the title to the property shall remain in the eration for such purposes, and incidentally for vender until payment, the agreement, however, to profit to reduce expenses, though separated from be in writing and filed for record with the Sec the main hospital, and used for hospital purposes retary of State; an act regulating the practice of only during the summer months, are exempt from dentistry, and a series of acts for the purpose of es taxation. (Contributors to Pennsylvania Hospital tablishing a system of irrigation.
v. Delaware County [Penn.], 32 Atl. Rep. 456.)
New Books and New Editions. The legislation is of chiefly local interest, but exhibits tendencies in accord with some general HALL'S BANKING Luws. By Charles R. Hall, of features of recent American legislation. An effort the New York State Banking Department. is made to rescue municipal elections from the This work has recently been published and condominating influence of partisanship by provid- tains the revised and amended statute laws on this ing for elections in the spring. A step is taken important subject, including the banking laws toward some control by law over private insane
of New York relating to banks, individual bankasylums. Extensive provision is made for the es
ers, savings banks, trust companies, co-operative tablishment of parks in cities. The movement in savings and loan associations, mortgage, loan which our association is so much interested is
or investment, and safe deposit, corporations, favored by the continuation of former legislation in together with the national bank act. It also conrelation to a commission upon the subject of uni- tains the statutory construction, general and stock formity in legislation, looking to consultation with corporation laws of the State of New York, and commissioners of other States. Women are made
other constitutional or legislative provisions of the eligible for commissioners of deeds. The State has
United States or of the State of New York pertialso essentially modified her judicial establishment;
nent to this subject. There has been for a long though in a manner interesting only to her own
time a feeling that just such a work as this should citizens.
be published, and it can be said without fear of (Continued in next issue.)
contradiction that the experience and ability of the
author, together with the knowledge gained from Abstracts of Recent Decisions.
experience in the banking department of the State of New York, makes the work one that will be ap
preciated throughout the State, even outside of the NEGOTIABLE Where a note was altered after delivery by an agent vided into thirty-six chapters, together with a part
members of the legal profession. The work is diof the payee, without the maker's knowledge, by devoted to the national bank act, which is divided an interlineation of the words “ with interest at six
into eight chapters. Under each chapter there are per cent,” which occupied only half a line and
a number of articles which are subdivided into secappeared to have been interlined, no recovery could tions. The arrangement is most pleasing in that the be had thereon by a subsequent holder for value of citations and references are added at the end of each either interest or principal alone. (Gettysburg section. The form of this book and the way in which Nat. Bank v. Chisolm, [Penn.], 32 Atl. Rep. 730.
it is gotten up is, we believe, more popular than PRINCIPAL AND AGENT TRUSTS. -The executors the text-book. After the chapters giving the of one D filed a bill for an accounting against C, statutory provisions we have referred to and the alleging that he had obtained control of the affairs National Bank act, comes suggestions and instrucof D, an inexperienced woman, and had misappro- tions in regard to the management and organization priated her property, and failed to account. C of national banks, issued by the comptroller of the denied the charges, and, on the hearing, there was currency. This in itself is valuable and gives the a failure to prove that D was under C's control; and proper and recognized forms now in use. Followit appeared that while she had had full opportunity ing this are the official forms for the organization for ten years, while free from C's influence, to ob- of monied corporations under the New York State
Banking Law. These are the ones now in use by thousand pages. After the index is found a table the banking department of this State, and show of cases digested. The volume is bound in sheep brevity and clearness. Following this are over 100 and is published by the West Publishing Company, pages devoted to the text of decisions of the gene- | St. Paul, Minn. ral subject, which is followed by an excellent index in general and one for the State laws as well as one
FRENCI CIVIL CODE. Translated by Henry for the National Bank Act.
Cachard, B. A., counsellor-at-law of the New York Published by Matthew Bender, 511-513 Broad- | bar. way, Albany, N. Y.
This book is one of the most valuable additions
to the list of English law books which has been NEGLIGENCE OF IMPOSED DUTIES. By CHARLES A. made for many years, and will find a welcome
RAY, LL.D., Ex-CHIEF JUSTICE OF INDIANA SU-place from the members of the bar in English speakPREME COURT, AUTHOR OF NEGLIGENCE OF IM-ing countries. It will be valuable not alone to the POSED DUTIES, PERSONAL; AND CARRIERS OF PAS- | practising lawyer but will be of great literary imSENGERS, AND CONTRACTUAL LIMITATIONS.. portance and worth to students of general literature. This text-book is divided into twenty-two chap
It will be easily remembered that many foreign ters and contains over a thousand pages devoted to
courts when called upon to decide questions of the subject above referred to. The first chapter is
French law have almost uniformly rendered decisions devoted to Liability and Duty to Provide Safe
not in accordance with the law of that country and Transportation. Following this are chapters on
this work will, at least, give easy access to English Limitation of Liability by Contract and by Statute; speaking courts to the Code which now exists in
France with all its amendments and changes to date. Acceptance of Goods by Carrier; Bill of Lading ;
Aside from this practical value which the work has, Validity of Bill of Lading; Act of God; Perils of
it will be entertaining to lawyers and students alike the Sea; Fire Clause; Freight Charges Regulated by
when it is remembersd that Napoleon, when preValue of Article; Transportation of Cattle; Pack
siding over the meetings at which the articles were ing and Stowing Goods; Deviation from Route,
discussed, showed the greatest aptitude and cleverDelay of Transportation of Goods, Negligent Loss
ness in assisting and framing many of the provisions or Illegal Capture of Cargo, Transportation by Car
of the code now found in the present work. The riers over Connecting Lines, Liabilities, Charges, Napolconic craze of the last few years, which has Facilities, Connecting Carriers, Combinations; In
induced so many writers to enter upon a discussion terstate and State Commerce; Competition, Dis
of more or less of Napoleon's life, have, perhaps, crimination and Continuous Carriage; Unjust Dis
wearied many by the ceaseless prattle on the one crimination; Freight Charges; Delivery of Goods;
well-worn subject. To them this work comes as a Action against Carrier of Goods; Insurance; Pre
fresh and entirely new evidence of Napoleon's ability sumption; Statutory Limitation of Liability.
and natural gifts and as such will be most gratifying The arrangement of this book, with the foot-notes
to many who have become wearied of so much that at the bottom of each page, makes it very easy for
has been written. To New Yorkers it will be reference, while the reference and citations are nu
peculiarly interesting when it is recalled that one merous and from every State in the Union, as well
of the efforts of one of the greatest lawyers of this as from the United States courts, As a general
State, David Dudley Field, was largely devoted to text-book it should receive the careful consideration
the framing of the Civil Code and to attempts to of the bar. Its facility of reference by means of have the same made part of the statute law of this the index makes it a valuable book for a lawyer's State. It will also give some idea to many lawyers library.
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.
comprehended within statutory limitations. As will
be remembered the code is divided into three books. AMERICAN DIGEST, 1895, annual.
The first of these books contains eleven titles, the The appearance of this work gives another large second four titles, and the third twenty titles. The volume to the editions which have preceded it, first book deals with persons, the second book with while it is sufficient to say that the Digest is appar- property and the third book deals with the different ently of all the decisions of the different courts of ways of acquiring property. The present work this country. Naturally, we have been unable to covers over five hundred pages devoted to the text thoroughly examine the work than to have any other of the code, and an index of one hundred pages is assurance that it was published by the West Pub- added. Published by Banks & Brothers, New York lishing Company. The volume contains over five | and Albany.
The Albany Law Journal.
corporations transacting the same kind of business in different States as competitors and en
tirely independent of each other, manufacturALBANY, NOVEMBER 23, 1895.
ing and selling among other products ninety
nine per cent of the cigarettes manufactured Current Topics.
and sold in the United States; that said firms
and corporations, for the purpose of preventing [All communications intended for the Editor should be addressed simply to the Editor of THE ALBANY Law Journal competition among themselves and in order to All letters relating to advertisements, subscriptions, or other business matters, should be addressed to THE ALBANY LAW
obtain a monopoly of the manufacture and sale JOURNAL COMPANY.]
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 poration to be known as the American Tobacco the American Tobacco Company, a proceeding Company, in which they should respectively preliminary to the commencement of an action become stockholders, receiving full paid stock in to prohibit the American Tobacco Company payment for the purchase of them, by said comfrom doing business in this State. It is claimed pany, of the property used by each of them in the that the attorney-general in granting this peti- business in which they were then engaged; that tion has taken the first step in the movement said company was thereupon organized and its against the different trusts which do business in stock divided among the various corporations this State. The action from now on will be and firms entering into the agreement; but that productive of great interest among lawyers of the incorporators never intended to establish any all the States and will probably be conducted factories or depots in the State of New Jersey, by the most distinguished counsel in the United and that neither they nor any of them, nor the States. In view of the numerous interests company itself ever had any place of business in which are involved from a financial standpoint, that State, but that the original corporations and not to speak of the legal principles which must individuals continued to transact business in be settled, it is proper that we should publish their respective localities as before, and that the the full opinion of the attorney-general, which object of the organization of said company is as follows:
was to restrain trade, prevent competition and “ Application has been made to the attorney- to secure a monoply in the manufacture and general to commence an action in the name of sale of cigarettes. Various other allegations the people against the American Tobacco Com- are contained in said complaint, charging a pany to obtain a judgment restraining the com-conspiracy and unlawful combination. Subpany from transacting the cigarette business in stantially the same statements are contained in this State and to cancel the certificate of au
the papers presented to me, all of which are thority heretofore granted to the company au- specifically denied by the officers of the comthorizing it to carry on business in the State of pany, and are the subjects of controversy in New York. It appears from the papers pre
the New Jersey suits. The allegations chargsented upon the hearing that the American ing a conspiracy and unlawful purpose and comTobacco Company is a New Jersey company,
bination upon the part of the organizers of the incorporated on or about Jan. 20, 1890, with a company in obtaining its charter, are properly capital stock of $35,000,000."
matters to be investigated by the courts of the After referring to the company's receipt of a
State where the original articles of incorpora
tion are filed.” certificate authorizing it to do business in this State, the attorney-general continues: "An ac
Reference is made to the illegality of combition is now pending against the company in the nations made to control prices and produce a State of New Jersey, in which it is alleged in monopoly, after which the opinion states the substance that the company was organized for tobacco company's method of doing business unlawful purposes; that the incorporators of as follows: "The general plan adopted by the the company originally consisted of firms and I company appears to have been to constitute
Vol. 52 - No. 21.