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sition opens, be the presiding officer of that department.

NEW BOOKS AND NEW EDITIONS.

The Cyclopedia of Law and Procedure. Members of the legal profession throughout the country are looking forward with no little interest to the appearance of the first volume of the Cyclopedia of Law and Procedure to be issued shortly by the American Law Book Company, of New York. While the cyclopedic method of rounding up the law is far from being a new one, having been to

Bacon's Abridgments, yet SO many new and original features are included in the plan of this work as to make it practically a novelty.

One great attraction of this exhibit will be the collection of law books. These include the opinions of the attorneys-general, the statutes at large of the United States, many volumes of colonial laws and some rare old law books which will be examined with especial interest and pleasure not only by scholarly lawyers but by everyone who has read history. For example, there are eleven volumes of State Trials for Heresy and High Treason, by Francis Hargrave, Esq., published in London in some extent developed as far back as Viner's and 1776. These volumes contain a verbatim report of all the great trials of Great Britain from the reign of Richard II to that of George III. It is like turning over the pages of romance to read, as the visitors to the exposition will be able to do, the trial of Mary, Queen of Scots; of Sir Walter Raleigh; of King Charles I; of Archbishop Cranmer; of Titus Oates, the learned Jesuit priest, who pleaded his own cause; of Captain William Kidd, the noted pirate, who roamed up and down the Atlantic seaboard and infested the West Indies before the great American republic existed. These are only a few that are included in the volumes that will be brought to the exposition. In the same volumes will be noted the rulings of Lord Chief, apparent, even to those antiquated believers in genJustice Coke and of the notorious Lord Chief Justice Jeffries. There are other old legal authorities that cannot fail to delight the antiquarian, the scholar and the student. Among these is the first edition of Blackstone's Commentaries, printed on the North American continent, in 1771.

The seals of the United States and of the different departments of the government will also be shown in this exhibit. The seal of the Department of Justice is very handsomely painted, and the origin of the motto has puzzled many good Latinists of the present day.

Perhaps the most striking object in this exhibit is a beautiful female figure representing Justice, which was designed from suggestions made by Major Frank Strong. She holds the traditional scales in one hand and an unsheathed sword in the other. Major Strong, in spite of the sterner duties of his profession, is a fine artist, and has with his own brush, painted a number of beautiful pictures.

There will be a collection of autograph letters in the exhibit from former presidents of the United States, including some from President McKinley, showing evidence of their clemency toward convicted persons.

Lawers are proverbially conservative folks, much given to clinging to the old things and ever timid of parting from time-honored precedents. And nowhere has the evil effect of this ultra-conservatism been more apparent than in the making of law books. While the technical literature of the other learned professions has been keeping pace with the requirements of modern civilization the lawyer's books have been falling further and further behind, until the necessity for radical improvements in the methods of law writing has become absurdedly

eral principles, who deem a "case lawyer" beneath contempt. It is undoubtedly true that every lawyer who practices in the courts to-day is a “case lawyer," however unwilling he may be to admit it, and the text-book that he wants is not one containing theoretical dissertations upon the law as it should be, and citing a few venerable cases, decided shortly after the flood, most of which are ingeniously misplaced. The ideal book to meet the demands of the modern lawyer must not only contain a concise and accurate statement of the law as it is, but must also cite all the authorities that have made the law what it is; it must not only treat all the law on a given subject, but must treat it all in one place, and must make the place easy of access to the busy searcher for knowledge; and above all things it must not only be up to date when published but must be capable of keeping step with the progress of the science.

All these things are promised, inter alia, by the publishers of the Cyclopedia of Law and Procedure, and therefore we feel that the appearance of their first volume will be a rather noteworthy event in legal circles. The most attractive feature of this work, from the book buyer's standpoint, is the plan

Fine photographs of the prisons of the United of keeping it always abreast of the decisions by a States will be exhibited.

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simple and inexpensive system of annotation, whereby the continual fleecing of the profession with new editions" will be rendered unnecessary — or, rather, indefensible; it was always unnecessary. Without something of the sort the value of a legal text-book is ephemeral to a degree, and the large percentage of practically useless books that clutter up the shelves of every lawyer bear eloquent testimony to the truth of the assertion.

Another highly laudable feature of the forthcom- pensive form than the holiday edition, all of whose ing book lies in the fact that there will be no split- beauties it exactly repeats except the binding. In ting up of the law along an arbitrary line alleged its contents one hundred illustrations, including to divide pleading and practice from substantive law. nine full pages in photogravure, reproducing the The whole of each topic will be treated under a best portraits, views of scenes in Shakespeare's single head, and in this way not only will a great country, etc. it is the same as the holiday edition, amount of duplication be avoided, but many valu- or is sold at a little more than half the price-$3.50. able cases will be saved that would otherwise fall

down in the splitting process. The publishers count, The Influences of Christ in Modern Life. By the Rev. Newell Dwight Hillis, D. D. New York: on saving so much space in this way that they are The Macmillan Company, 1901. guaranteeing to complete their set in thirty-two | volumes.

If the specimen pages sent out by the company are a fair sample of what the whole work will be, little will be left to be desired in the matter of quality. The subjects are minutely and accurately analyzed, the statements of the law are clear and concise, and the citations of authorities appear to be exhaustive. The practice of citing the American Decisions, Reports and State Reports, and the unofficial reports of the West Publishing Company and the Lawyers Coöperative Publishing Company will lend an additional value to the work, as will also the innovation of indicating in the notes all cases containing adjudicated forms of pleading.

Especially striking among the articles already in print is one on "Accord and Satisfaction," edited by Hon. Seymour D. Thompson. If the other branches of the law are treated as fully and ably as this one, it is safe to predict that the Cyclopedia of Law and Procedure will quickly win a high place in the lawyer's library and affections.

William Shakespeare: Poet, Dramatist and Man.
By Hamilton Wright Mabie. The Macmillan
Company: New York and London, 1901.

Mr. Mabie, in this work, has made a really notable

In this volume, recently published by the Macmillan Company, have been collected the thoughtful and brilliant addresses which the cultured pastor of Plymouth Church, Brooklyn, has heretofore delivered before various colleges and universities, together with a number of chapters written solely for the work. The essays, without exception, are marked by freshness, power and virility, and besides are distinguished by some common sense, broad mindedness and religious optimism, constituting a very valuable contribution to the religious discussion of the day. Particularly for the educated young men of the land who are troubled by the skepticism of the times, these essays are certain to prove in the highest degree valuable and uplifting. The author is known to be one of the foremost of the advanced thinkers who, while frankly interpreting the Bible in the light of modern science, and strongly believing in the doctrine of evolution, by no means sees all the ancient landmarks of faith and hope swept away. Every reader will find in these pages a new inspiration, a broadening of the horizon and a marked accretion of faith in God. Mrs. Clyde. By Julien Gordon. New York: D. Appleton & Co., 1901.

tion of a polished libertine from England, marries a middle-aged wealthy piano dealer. His wealth enables her to largely gratify her insatiable ambition to shine in society and to travel, which she does, with her daughter, much to the neglect of the too-kind and indulgent piano vender. The book is strong, brightly written and vigorously worded, being sprinkled liberally with epigram and philosophy of no mean order. It makes a story of absorbing interest that will well repay the reading.

This book, appropriately described in the title addition to the voluminous literature of Shakes- page as the story of a social career, is emphatically peare, a feat exceedingly difficult, but not to be won-worth reading. It tells of the social ambitions of dered at when the author's remarkable attainments a New England girl, who, after jilting her boyand culture as a scholar are remembered. He is lover, after her head had been turned by a fascinaindeed entitled to rank as one of the very few essayists of this literary period, and has repeatedly shown himself the possessor of fine discriminating literary judgment, taste and philosophy. Add to this a style of peculiar charm and our author is seen to possess every necessary qualification for the successful performance of his task. It is, indeed, a complete and exhaustive study of the whole personality of the great dramatist, as well as of his environment, the man as his contemporaries knew him and one who by reason of his splendid genius, personified and interpreted so completely the spirit and temper of his age and race. But Mr. Mabie has done far more than to merely record many old and some new facts about the great poet's life; in his treatment of separate poems and plays he has given illuminating and valuable criticism, full of insight and appreciation. No lover of Shakespeare can well afford to miss this really notable work. The present addition has been issued in response to the demand for Mr. Mabie's work in somewhat less ex

Doctor Dale. By Marion Harland and Albert
Payson Terhune. New York: Dodd, Mead &
Co., 1901.

This is a story of the oil regions of Pennsylvania. It touches a strong, true note and is written in a style in many respects admirable. Several of the characters, especially that of Dr. Dale, are drawn in a masterly manner, and the story, as a whole, enthralls the reader's attention from beginning to

end. It is a book far above the average of latter- study of Roman law in England; in addition to day fiction, and, as such, we have no hesitation this, certain courts of limited jurisdiction, such as whatever in recommending its perusal. Although the Ecclesiastical and Admiralty Courts, have althe authors describe it as a story without a moral, ways recognized the binding force of Roman law. we have imagined ourself able to discover a number of morals in it; at all events, there are some pleasant hours in store for those who read it.

The Settlement After the War In South Africa.
By M. J. Farrelly, LL. D. New York: The
Macmillan Company, 1900.

The development of equity, again, which has had such far-reaching effects on the modern law of England, was largely influenced by Roman law, as Dr. Grueber also points out, the Roman law is actually the law of the land in large portions of the British Empire. Those thorough students, both in the old and the new world, who wish to know not only the law, but the reasons and origin and growth of the law in all its manifold phases, will find Professor Sohm's splendid treatise in all respects suited to their wants.

H. Pingrey. Albany: Matthew Bender, 1901.

In this excellent and valuable work, which is well described by its title, the author, a prominent English barrister and advocate of the Supreme Court of Cape Colony, embodies the results of nearly four years of personal investigation in South Africa as to its various problems and their solution-prob- The Law of Suretyship and Guarantee. By Darius lems political, racial, economical and legal. The author, in his introductory, states that he has visited every State, and colony, and territory south of the Zambesi river, and has had the privilege of discussing pending political and other questions with every leading public man in South Africa. Mr. Farrelly's position as advisory counsel to the Transvaal Republic has also given him peculiar facilities for the accomplishment of the work in hand. The author's treatment of the subject, besides being exhaustive, is eminently fair, both sides being given full hearing, with a masterly marshaling of facts, to obtain which no pains were spared. To those who desire an illuminative treatise on the causes of the Boer war and the settlement of the problems to which it has given rise, this book will prove a vide mecum.

The Institutes. A Text-book of the History and System of Roman Private Law. By Rudolph Sohm, professor of German Law and Ecclesiastical Law in the University of Leipsig. Translated by James Crawford Ledlie, B. C. L., M. A., with an introduction by Erwin Grueber, Dr. Jur., M. A., of Balliol College, Oxford. Oxford: At the Clarendon Press, London and New York,

1901.

In his preface to this work, the author states what we have no doubt to be a fact, that a more elaborate work could have been constructed with less time and labor. In other words, it has been his aim to present, not only a systematic, but a concise treatise on the subject of Suretyship and Guarantee, a subject upon which there has been unquestioned need of a new and authoritative work, brought down to date and covering the latest decisions. The author's work, upon the whole, has been well done, and the book cannot fail to be of great assistance to instructor, student and practitioner.

Conflict of Laws; or, Private International Law.
By Raleigh C. Minor, M. A., B. L. Boston:
Little, Brown & Co., 1901.

The need of a book treating the subject of the Conflict of Laws in the light of the later decisions, is manifest. The questions considered affect the property rights and business interests of every citizen, whenever those rights and interests are affected by the decisions of courts in foreign jurisdictions, and not only the decisions of jurisdictions of what we usually regard as foreign nations, but the decisions of the States of the Union, other than that of which the citizen concerned is a legal resident.

The first edition of the English translation of Professor Sohm's "Institutes" was based on the fourth edition of the German original. The present The resident of New York, or Massachusetts, or (the second) edition is based on the eighth and Illinois, having business interests or investments ninth German editions. In view of the enactment in Colorado, or Montana, or Alabama, may find of the German Civil Code, which came into force himself seriously affected by the decisions of the January 1, 1900, Professor Sohm has found it neces- courts of those States in matters wherein a part sary to make extensive alterations in his Institutes of the business was done in his home jurisdiction, and to add a considerable amount of new matter. and to him or his counsel a reliable statement of These additions, especially to the historical por- the rules of the Conflict of Laws is a prime tion of the work, will be of great interest to all necessity. students of Roman law. As to the influence of Roman law on the law of England, Dr. Erwin Grueber, in his excellent introduction to this work, shows that it is by no means so insignificant as it is sometimes assumed to be. The earliest treatises on the common law, dating from the twelfth and thirteenth centuries, are the direct outcome of the

Every question involving the construction and application of a contract, the distribution of property under a will, or from an intestate estate, the control of a married woman over her property, etc., in a foreign jurisdiction, State or national, may be a question of the Conflict of Laws. These questions are becoming daily more frequent in practice,

thoroughly fortified by decisions. The style is admirably clear, concise and vigorous. The book is divided into five chapters that consider, in turn, “The Annexation of the Philippines," "The Constitution of the Philippines," The Application of the Constitution in the Philippines," and "The Alienation of the Philippines," which latter suggests the legal method of getting rid of what our author regards as most undesirable possessions, although he seems to be willing to concede that the exigencies of war forced them upon us. This method he conceives to be in the formation of a

and Mr. Minor discusses them carefully, and in the light of the latest decisions and the fullest research. The book varies somewhat in arrangement and plan from some of the earlier writers. The latest and best theory is that the foundation of the science of the Conflict of Laws is Situs. Find the Situs, the "location, position, place, as it refers to juris diction" of the act or circumstance under inquiry, and the law which governs can be found. With this conclusion as to theory confirmed by careful study and deliberation, constantly in view, Mr. Minor discusses his subject logically, and in the light of the decided cases which are drawn with protectorate. The reader who is in search of inimpartial freedom from those of the United States and State courts, as well as from the English courts. The author has treated the subject under eight heads as follows: Introductory, Situs of the Person, Situs of Status, Situs of Personal Property, Situs of Contracts, Situs of Torts and Crimes, Situs of Remedies, Pleading and Proof of Foreign Laws. Under one or the other of these heads all the principles of private international law will be found to group themselves. The author has, in this work, made a really important contribution to the law upon a subject, which, while often of the utmost importance to the practitioner, has been heretofore The following original poem by Mr. R. E. Day, of very meagrely and unsatisfactorily treated. The the Regents' office, was read at the annual dinner of book is supplemented by a table of cases and an the Albany Club of Delta Upsilon: excellent index, and is printed in the highest style of the art. We have no hesitation in heartily recommending it to the profession as a very carefully-considered and useful book.

The Law of Torts. By Melville M. Bigelow,
Ph. D., Harvard. Boston: Little, Brown & Co.,

1901.

This, the seventh edition of "Bigelow on the Law of Torts," comes from the author's hands, we are assured by the publishers, in all its main features, as he wishes it to remain. There have been made some changes of classification, certain gaps have been filled, and the whole field of torts is now covered. In addition, a number of mechanical improvements have been made, making Bigelow's Law of Torts more than ever before an ideal work on the principles of torts.

The Law and Policy of Annexation, With Special Reference to the Philippines, Together With Observations on the Status of Cuba. By Carmen F. Randolph, of the New York Bar. London and Bombay: Longman, Green & Co., 91 and 93 Fifth avenue, New York.

Taking for his text the annexation of the Philippines, Mr. Randolph preaches a practical sermon on the ethics of nations. He declares that "the | true policies of the republic discourage any assumption of sovereignty over land and people that tends to weaken our institutions or lower the quality of our civic body, or dull our sense of justice." The writer has positive views which he does not hesitate to express, and which the reader will find to be

formation upon this burning question will find in Mr. Randolph's work a carefully-considered, illuminating discussion - one that, in our opinion, clearly takes rank among the ablest papers yet published on the Philippine question. The book is given additional value to the careful student by reason of the appendix, which includes documents invaluable for reference.

AT THE BANQUET.

This is the hour to friendship dear,

When evening spreads its sable plumes;
When old remembrance draweth near,
And humor her glad sway resumes,
And in the chambers of the mind,
So late to care's dull reign resigned,
Fancy her subtle flame relumes.
Vainly to us the cynic cries

That friendship is a radiant cheat,
A flower that lifts its transient dyes

Where youth doth run with eager feet.
The years have spread their dust and blight
O'er some things fair and some things bright;
But friendship in the heart doth beat.
Some dreams and visions that were sent
As heralds of the day, not born
To light the spirit's firmament,

Have gone, nor left a shred forlorn,--
Frail as the rosy streaks that shine
Along the dim horizon line,

When sunlight skirts the coast of morn.

But what is wrought, when hearts are new,
Of faith in God and the bold faith

That even in man is something true,

Is more than vapor and a breath.
The earthy crumbles to the earth;
But that which hath a nobler birth
Shall mock at change and laugh at death.
And, when the songs of long ago

To pensive and to mirthful smiles
Their unresisted challenge throw,

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The Master Artist proves our work
With furnace heat, that fiercely tries

If weakness in its structure lurk;

And sets the beauty of its dyes.
But, from that trial fiery hard,
Oft, like a shriveled, broken shard,
Rejected, at our feet, it lies.

The scholar's part! What shall it be?
The century that fretted strong
Against its barrier, like a sea,

Rolls in with a victorious song.
Behold the spreading waves submerge
A thousand marks along the verge,
As near and far they rush along!
And they to whom 'tis given to know
The levels where time's breakers beat,
And where the whelming overflow
A stronger than itself doth meet.
Plant the new shore-marks, and uprear
New fortresses, where men may hear

The spent tides, crouching at his feet.
RICHARD EDWIN DAY.

According to the terms of a bill now being considered by the legislature of Illinois, Cook county judicial salaries will be increased to $12,000 a year.

Literary Botes.

The Scribners will shortly publish the autobiography of the late Max Muller, which he lived to complete.

"The Historical Novel and Other Essays," by Professor Brander Matthews, is in active preparation by the Scribners.

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Henry Harland is engaged on a new novel with which he will follow up his popular Cardinal's Snuff Box." It will be published by John Lane.

Winston Churchill's new novel, "The Crisis," will come from the press of the Macmillans early in March. It will be illustrated by Howard Chandler Christy. The scenes are placed in the middle west before the civil war.

Maurice Hewlett has finished his new novel, "The Tuscan Crown," in which he returns to the scene of his early success, "Earthwork Out of Tuscany." The book will be published in this country by the Macmillan Company.

D. Appleton & Co. have just published Garret P. Serviss' new book, "Pleasures of the Telescope." The book is illustrated with charts of the heavens, showing the positions of the most remarkable stars and other celestial objects.

Winston Churchill's new novel will be illustrated by Howard Chandler Christya happy combination of author and artist. The author says that while in Richard Carvel" his story was based on the origin and character of the Cavalier, and the contrast of London and colonial society, the plot of "The Crisis" will turn on the Cavalier's history a hundred years later.

As some, but not all, animals have qualities that approach the human, so some people are immortal, but not all, says Dr. Samuel D. McConnell in his book on "The Immortality of the Soul," about to be published by The Macmillan Company. Dr. McConnell's theory is that immortality is the highest step in a long process of evolution, the final result of the survival of the fittest. His argument is worked out almost solely on biological lines.

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The World Almanac compiles a long list of the "largest editions" of new books published in the United States during 1899-1900. The titles of the twelve most popular books in the list, arranged in the order of their popularity were: "David Harum," Richard Carvel," When Knighthood Was in Flower," "To Have and to Hold," "Janice Meredith," ""Eben Holden," The Reign of Law," "Alice of Old Vincennes," "The Day's Work," "Red Rock," "The Redemption of David Corson," and Wild Animals I Have Known." It is interesting to note that out of this list a western publishing house issued the greatest number, as three were published in Indianapolis by The Bowen-Merrill

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