dom of manufacture cannot be cut down under the name of preventing unfair competition (Stamping Co. v. Fellows, 163 Mass. 191, 40 N. E. 105, 28 L. R. A. 448; see Singer Mfg. Co. v. June Mfg. Co., 163 U. S. 169, 16 Sup. Ct. 1002, 41 L. Ed. 118). All| that can be asked is that precautions shall be taken, so far as are consistent with the defendant's fundamental right to make and sell what it chooses, to prevent the deception which no doubt it desires to practice. or of the defendants; for, while a carrom is possible, it is no part of the game, which consists in pocketing the disks, rings or balls. The games are, rather, the pool or pocket game at billiards. The word carroms is impressed upon each board of the complainants' game as a trade-mark, but does not appear upon the board of the defendants. That, however, is immaterial so long as the defendants advertise their boards as carrom boards (Machine Mfrs. v. Wilson, 3 App. Cas. 389). It is the case of It is true that a defendant's freedom of action the use of a descriptive word in a non-descriptive with regard to some subsidiary matter of ornament sense. While a descriptive word or a geographical or label may be restrained, although a right of the or personal name cannot constitute a technical same nature with its freedom to determine the trade-mark, yet where, as here, an article has come shape of the articles which it sells. But the label or to be known by the descriptive word, one may not ornament is a relatively small and incidental affair, use that word to palm off his goods as the goods of which would not exist at all, or at least would not another who has first adopted it and by which apexist in that shape but for the intent to deceive; pellation the goods have come to be known. One whereas the instrument sold is made at it is, partly may not use his own name for such purpose when at least, because of a supposed or established desire it works a fraud. If he uses the descriptive word, or of the public for instruments in that form. The de- a geographical name, or his own name, it must be fendant has the right to get the benefit of that desire so used as not to deprive others of their rights, or even if created by the plaintiff. The only thing it to deceive the public, and the name must be accomhas not the right to steal is the good will attaching panied with such indications that the thing manuto the plaintiff's personality, the benefit of the pub-factured is the work of the one making it as would lic's desire to have goods made by the plaintiff. unmistakably inform the public of the fact (Singer Probably, if there were an absolute conflict between Mfg. Co. v. June Mfg. Co., 163 U. S. 169, 16 Sup. the defendant's right as we have stated it and that Ct. 1002, 41 L. Ed. 118; Meyer v. Medicine Co., 18 of the plaintiff's the defendant's would prevail U. S. App. 372, 7 C. C. A. 558, 58 Fed. 884; Pills(American Waltham Watch Co. v. United States bury v. Mills Co., 24 U. S. App. 395, 12 C. C. A. Watch Co., 173 Mass. 85, 86, 87, 53 N. E. 141, 43 432, 64 Fed. 841; Raymond v. Powder Co., 55 U. S. L. R. A. 826). But the plaintiff's right can be App. 575, 29 C. C. A. 245, 85 Fed. 231; Mills Co. v. protected sufficiently by requiring the defendant's Eagle, 58 U. S. App. 490, 30 C. C. A. 386, 86 Fed. zithers to be clearly marked so as to indicate un- 608; Fuller v. Huff, C. C. A., 104 Fed. 141; Reddamistakably that they are the defendant's and not the way v. Banham, 1896, App. Cas. 199). The decree plaintiff's goods. This is the relief which the master finds that, through imitation of the complainants' found to be proper, and we are of opinion that he advertisements with respect to the game in question, was right. To go further is to save the plaintiff the defendants deceive purchasers and the public from a competition from which it has no right to into the belief that the game boards offered by them be exempt. were made by the complainants, and the injunction restrains the advertisements in strict accordance Unfair Competition - Use of Descriptive Name. with the ruling in Singer Mfg. Co. v. June Mfg. In Williams v Mitchell, decided by the U. S. Co. (supra). If the first clause of the decree here Circuit Court of Appeals, Seventh Circuit, in Janu- complained of were necessary or essential to that ary, 1901 (106 Fed. R. 168), it was held that where which follows we should think the finding incorrect, an article has become known by a name adopted by because, while the word "carrom" may be descripthe manufacturer as a trade-mark such name cannot tive of a game at billiards, it is not descriptive of be used by another in such manner as to deceive the game in question, and the complainants' board the public and to palm off his goods as those of the coming to be known by the designation of the first user, although by reason of its descriptive char-" Carrom Board," or the "Carrom Game," the deacter it cannot constitute a technical trade-mark. fendants may not rightfully apply that name to their The court said in part: The cross appellants insist that the court erred in holding the word " carrom" to be a descriptive word which could not be made a trade-mark for a game board. The word carrom or "carom is without doubt descriptive of a certain game at billiards, and is defined to be "the hitting of two or three balls in succession by the cue ball from one stroke of the cue." The word is not, however, descriptive of the game boards before us, or the games played thereon. whether those of the complainants game as a designation or name of the game, although they have a right, as the court below decreed, to use the word in descriptive portions of advertisements so long as they use them in a purely and properly descriptive sense. In an English cause list the following cases appeared consecutively: Welsbach Company v. Tripe; Same v. Onions. ON THE MIDWAY. PRINCIPAL AMUSEMENT FEATURES OF THE It seems to be generally conceded that the Midway of the Pan-American Exposition will far surpass all amusement features at former expositions, both in quality and novelty of attractions. With the object of presenting a route of wholesome fun and instruction, some of the greater enterprises have done into an organization called the "Red Star Route," guaranteeing absolutely their entire offerings as wholesome and free from all objectionable features. Among these will be the electrical reproduction of the Burning Mountain of the Sandwich Islands the Volcano of Kilauea; the greater Hawaiian village, where will be found the now world-renowned native band of Hawaii, whose music, especially the Hawaiian native airs, is delightful; the great electric cyclorama showing a reproduction of the Battle of Mission Ridge; the Filipino Band, Village, Bolo Dancers and Theatre; baby culture, as practically demonstrated by the Qbata Company, of London, Berlin and New York, where the poor little unfortunates who happen to have been prematurely born, are seen nestled in aluminum and glass cabinet incubators, just like little chicks, being coaxed into sturdy life by the aid of science; and finally, the Herodian palace containing the sacred spectatorium, Jerusalem, and the Crucifixion of Christ. Here are found closely linked, eight exhibitions covering Science, Music, Drama, Physical Geography, Ethnic Study, Patriotism and Religion. NEW BOOKS AND NEW EDITIONS. many cases to a statute, or other section of the Code or of the Constitution of the State, and parPAN- ticular care has been taken to give concise references to the rules of the Court of Appeals, Appellate Division and Supreme Court. A feature of particular interest and value to the large number of lawyers in the metropolis is the reference made throughout to the so-called Consolidation Act and to the Greater New York charter, as well as to the charter of the cities of the second class, and to such statutes as might in any way bear upon the particular section to which the note is added. But the crowning feature of this admirable edition of the Code is the index. With the view of aiding the lawyer to find the point he is searching for in the shortest possible time and by the quickest route, the index has been made unusually copious and complete, and headings have been selected which have been used in every edition of the Code yet publishd. If any such heading has not been thought proper for placing subheadings under, a cross-reference has been given to one or more headings under which the subjects of the Code have been set out with reference to the various sections of the Code. It is no exaggeration to say that in this respect no edition of the Code has ever equalled this; at the same time, it is noteworthy that in spite of this amplification, the bulk of the Code has not been increased to any appreciable extent. Another new departure in this edition will, we are confident, commend itself to the profession. We refer to the matter of citations. Instead of arranging these after each section, a separate part of the work has been taken where, after the number of each section, is given a reference to the title of each case, together with the number of the volume and page of the leading cases of each official report published since the Code was enacted in 1876. To add still farther to the value of this part of the work, there is added, after the number of the report and page, a reference to any other report where the same case is reported. The compiler has done his work so well that it would be difficult to improve upon it, and as a consequence we have an altogether admirable, useful and complete edition of the Code, not only arranged in accordance with the experience of many years by a practical lawyer, but printed in excellent type and bound in durable limp leather. It would be difficult, indeed, to improve upon the arrangement or to include more information in a smaller compass than has been included in this edi Pocket Edition Code of Civil Procedure. By A careful examination of this edition of the New tion of the Code. Politics and the Moral Law. By Gustav Ruemelin. The late Chancellor Ruemelin, of the University of Tuebingen, wrote the address which is embodied in this little book in 1874, long before the present Arrows of the Almighty. By Owen Johnson. New problems of international relations had arisen. Shakespearian criticism and legal lore, in a manner There is no partnership in his close, clear thought, truly admirable. We do not propose to spoil the no adherence to any national lines, but a direct, reader's part in the development of the author's simple presentation of a correct theoretical basis plan, by going into detail, but can assure every stuupon which pending controversies may be regarded. dent of the Bard of Avon that exquisite pleasure The address, instead of being a piece of subjective awaits him in its perusal. The selection of Mr. German philosophy, as might be imagined, is rather Clapp, the eminent Shakespearian lecturer, to a clear, forcible expression of a thinker who was write the introduction was peculiarly happy, for he, also a man of action on subjects studied in his too, is a lawyer of no mean ability. practical, as well as theoretical, training. For years before he was called to the chair of statistics and psychology at Tuebingen, which he held for twenty years before his death, Chancellor Ruemelin was In this, we believe his first work of fiction, the in political life. Even those who do not admit his author has given us a capital picture of American premises nor accepts his conclusions, will freely life. The scene shifts between Maryland, Connecconcede that his ideals were high. The absolute ticut, Ohio and New York, and in time the action obligation of the moral law is affirmed in principle, covers some fifty years, beginning in the early twenbut in principle the maxim, "the end justfies the ties and closing in the seventies, a period which on means," is practical. "The decision," he says, "of one side embraces the fading colonialism, and on the question whether our own State shall offer the other reaches well into the strenuous commerassistance to a neighboring afflicted State, depends cialism of the century just passed. The action benot upon the extent of the neighbor's need, but gins with humor and spirit and continues withsolely upon the inquiry whether the rendering of out flagging to the close; the progression such assistance would or would not be compatible is rapid, and the unfolding of the plot and with our own best interests." The difference be- motive absorbing, while throughout are tween the relation of the State to justice, and that found touches, many of them so deft that the of the individual, is discussed, the true task of poli- true artist is at once revealed. There abound, tics in the higher sense to transform the law of especially in the earlier chapters, passages of singutradition into the law of reason is illuminated; light lar charm and freshness, such as John's first stroll is thrown upon the law of the future as well as under the beckoning stars, glimpses of Emily of the past. Altruism is shown to be the gospel Gaunt in her rose-rich garden, and later, her of the citizen, self-preservation that of the State. death, and John's awakening to consciousness - the The correct interpretation of "the end justifies the dawning of his soul. "Arrows of the Almighty" means" is shown to be that the more insignificant is not merely the promising work of a newcomer objects and aims of human aspirations must be in the field of historical fiction; it is much more sacrificed and subordinated to the more important. than that, being a distinct achievement, notable The commandments must be obeyed because in alike for its success along very difficult lines, and them are the earliest and most enduring basic in the charm and purity of its style. We commend principles of human society. Doubtless the possi- its perusal heartily to those who are seeking somebility of the righteous abrogation of treaty obliga- thing fresh, attractive and sincere in fiction. tions is the occasion of the present appearance of Chancellor Ruemelin's admirable address, and the cause of international arbitration cannot fail to be promoted by its appearance at this time. Falstaff and Equity. By Charles E. Phelps. With an introduction by Henry A. Clapp. Boston: Houghton, Miffin & Co., 1901. Sold in Albany by A. H. Clapp, 82 Maiden lane. to be The Story of Eva. By Will Payne. Boston: "The Story of Eva," the latest example of the Chicago school of fiction, is to our mind, one of the best. It is a careful study of contemporary social conditions, a glimpse of the doings, aims. hopes and fears of the beehives of humble workers This little work will be not only a welcome, but for a bare living which have grown up in the great an undoubtedly valuable addition to Shakespearania. centers of population. It is realistic, lifelike, and, To lawyers, especially those who admire and study notwithstanding it deals with subjects usually forthe immortal works of the great bard, it will par- bidden, is well within the bounds of good taste. ticularly appeal, for on every page will be found Eva, a shop-girl and later a restaurant cashier, is evidences of scholarship, erudition and painstaking an admirable woman, notwithstanding her deliberstudy of the poet's works, and an enlightening in- ate step- the only one she could take to find the terpretation of them that cannot fail to arouse the happiness she craved and in return sought to give reader's admiration. The book largely concerns in marrying the man who, she thought, was able to give her that happiness, although her first husband was known to be alive and there was only a report that he had secured a divorce. The con the humor and legal knowledge of Shakespeare, but is particularly devoted to the interpretation of the famous remark of Falstaff, "There's no equity stirring," which Judge Phelps elucidates in the light of │trasted characters of Eva and the man she loves are in many respects admirable, and there are all through the book, touches which illumine them. Mr. Payne's style has a peculiar charm about it and his power of insight, analysis and description is far beyond the ordinary. The Making of Christopher Ferringham. By Beulah Marie Dix. The Macmillan Company, New York. In Hugh Gwyeth and Soldier Rigdale, Miss Dix proved her ability to write good historical novels, and this, her third and latest attempt, is no whit behind the others. This time she chooses for the action of her story a straight-laced Puritan community of the early American days. The hero is a merry young daredevil, fresh from the royalist camps of England, sent by his stern old grandfather in the hope of his reclamation from the evil of his cavalier ways, to dwell with his uncle, Nathan Calderwood, the worshipful magistrate of Meadowcreek. Inevitably, he turns out a sore trial to his godly relative, and what, with his round oaths and his free drinking and his mad pranks, soon falls into disgrace with the sober folk of the town; and yet with all his faults, he is so brave and generous and child-hearted that one's heart goes out to him irresistibly. How a certain maid in the household, Calderwood's young sister, came into his life, and finally succeeded in "making" him, or at least contributing largely to that desirable end, it would be too bad to detail for it might spoil the prospective reader's enjoyment of a very excellent book. The Inlander. By Harrison Robertson. New York: Charles Scribner's Sons. 1901. In this, his latest work, the author of "Red Blood and Blue," and "If I Were a Man," has given us a delicious glimpse of the traditional southerner, the survival of the old punctilio and chivalry in the new generation. The Inlander come to Louisville from Tennessee, to make his fortune, though, strange to say, he does not seek it in speculation in cotton. In the early chapters which have all the charm and freshness of youth and its high ideals, Mr. Robertson is at his best. As for the book as a whole, while it is wholesome, clever and highly entertaining, the criticism may be passed upon it that it is superficial, sketchy and conventional, more suited to young persons than those of mature mind. The Stage in America, 1897-1900. By Norman Hapgood. New York: The Macmillan Com pany, 1901. The plan of this book Mr. Hapgood's first volume on the stage is to treat those aspects of the acted drama which have been most important in America during the last few years. Following an introduction on dramatic criticism are chapters on the theatrical syndicate of America not controversial but full of fac's not easily accessible by an outsider: the "Drama of Ideas," on individual dramatists and playwrights, on the distinctly American humor of May Irwin, Charles H. Hoyt, and Weber & Fields, the Tragic Ending, Revivals of Shakespeare, British importations, including Pinero, Shaw, Jones, Zangwill and others, on Ibsen, Rostand, and in association, Bernhart and Coquelin; foreign tragedy, modern and classic, closing with one on what a theatre ought to be. Mr. Hapgood writes of what he evidently knows, and therefore writes illuminatingly as well as interestingly; his book is a distinctly valuable addition to the literature of the stage. Old Bowen's Legacy. By Edwin Asa Dix. New In this, his latest work, the author of “ Deacon Bradbury" has chosen to place the action of his story in the same Vermont village with which he made his readers familiar in the earlier work. An insignificant village it is, and the people are just ordinary plodders, but out of these common materials Mr. Dix has woven a tale which has been aptly described as a "drama of the soul, as poignant and arresting as it could be if its hero were a prince, instead of just a poverty-stricken farmer in muckstained overalls." As a picture of "down-east" village life, it is one of the best we have had in many years, comparing favorable with the admirable work of Miss Wilkins in the same field. The jaded reader of the flood of historical romances, so-called, will find in it rare delight, and will recognize in it an art at once simple yet profound, a style admirably straightforward and without trickery, and yet effective and appealing in the highest degree. Old Bowen's Legacy," which is worthy successor of the author's other successful work, is really a story of how a warped soul was straightened; as such it is sure to impress one and to linger in the memory. The Octopus. By Frank Norris. New York: Doubleday, Page & Co., 1901. The Octopus, the first of the three novels in which Mr. Norris is to tell the Epic of the Wheat, is a narrative of the war between the California wheat growers and the railroad trust. It is one of the most ambitious of the great output of fiction during the past few years in this country, and we are free to say, in our opinion, one of the very best. The book deals with the production of the wheat, as the others of the series will deal with its distribution and consumption, and the scene of the action is located in an out-of-the-way corner of California, the San Joaquin valley, where a handful of ranchmen are engaged in plowing and planting, reaping and harvesting the wheat, and in carrying on a continuous guerrilla warfare with the railroad.- the Octopus. The book is full of symbolism, the continual aggression of the railroad representing the triumph of amassed capital over the individual, and the motif of the wheat standing for the ultimate triumph of the nation, rolling in a vast flood from west to east, found some of the most charming girls and women Dwellers in the Hills. By Melville D. Post. New undeterred by temporary struggles or questions of globe-trotters, Indians, Chinamen and vagabonds government, but triumphing over them all and are his men, and among his characters will also be carrying the spirit of life and hope and freedom across the seas and around the globe. In this symbolism, which in its conception is admirable, lies perhaps the great defect of the book as a work of art. In dwellings upon and making it prominent, Mr. Norris has given us characters which almost without exception fail to awaken our sympathy; in other words, in his zeal to make his special characters stand for general types of American life, he has blurred the likeness, and to some extent, at least, sacrificed the personal interest for the sake of a wider application and more general truth. Apart from this criticism, the author has done his work with rare skill and power. The story is full of local color. There are Angele Varian, an ill-fated girl who was loved by Vanamee, the sheep-herder and range-rider; Hilma Tree, the dairy girl at Annixter ranch; Magnus Derrick, the proprietor of the Los Muertos ranchos and his son Harran and many others. Mr. Norris has an easy, flowing style, a rare power of description, an uncommon appreciation of the value of words albeit, he has made his chapters and his book altogether too long to suit the modern novel reader - and a way of making you see the pictures he has in mind that few writers possess. Notwithstanding its faults, the book can be heartily recommended to the discriminating reader of fiction as most emphatically worth the reading—indeed, we believe we hazard nothing in predicting that it will be one of the most notable books of the output for 1901. Voysey. By R. O. Prowse. New York: The Macmillan Company, 1901. For sale in Albany by A. H. Clapp. The author of "The Poison of Asps" has produced another clever book in Voysey. Mr. Prowse belongs to the analytical school of writers. The plot of his latest book is based on the inner play of character and the customs of social life between a young Englishman and the wife of a man he knew at Oxford. The novel turns on the gradual gain of influence by her over him; as a minute study of character, it is little less than masterly, a distinct addition to the literature of the day. The author of "The Man of the Last Resort" has here produced a fine story of boyhood as recalled by the grown man, a boyhood passed in the old-time West Virginia cattle country, to most readers a strange life and an unknown land. Mr. Post describes it with unusual skill and power - in fact has produced that rare thing—a real romance. At the same time, the tale is true in every detail, for it is from the author's own experience. The book abounds in passages of rare poetic beauty, relieved by a certain wild humor that cannot fail to prove contagious. We unhesitatingly record our opinion that "Dwellers in the Hills" is one of the most praiseworthy works of fiction that has appeared this season. Mr. Post has not only chosen a new field, but a new manner of telling a story — a story of thoroughly well-sustained dramatic interest. No one can fail to be deeply interested in the narrative of how little Quiller and his men got home the six hundred head of cattle in spite of the Woodfords' conspiracies. The action all takes place in the space of three days, and while one is never allowed for a moment to lose sight of the main issue, one sees the whole hill country and its people. Fact and Fable in Psychology. By Joseph Jastrow. Boston: Houghton, Mifflin & Co., 1901. The author of this admirable collection of essays is professor of psychology in the University of Wisconsin and president of the American Psychological Association. Throughout, his work will be found eminently sane, well-considered, thoughtful and enlightening. He not only takes strong ground against all those delusions which the ever-credulous public is ready to accept, but gives strong and it seems to us unanswerable reasons for his position. In his masterly expositions, he turns the searchlight of common sense upon credulity and superstition in the many forms in which they are to be found, and makes short work of them. While a master of lucidity of style, Prof. Jastrow is sufficiently witty and colloquial to make his topic popu askance at a heavier book. One of the most interesting chapters is the last, entitled, "The Dreams of the Blind," in which the world-famous deaf-mute, Hellen Keller, figures. Some one has remarked that while doubtless, the Creator could have made a better berry than the strawberry, doubtless, the Creator never did. Similar with many persons who would probably look larly, it might be said of Bret Harte, that while some one might have written better short stories of California life in the early days than he has written, doubtless no one yet has. They seem to be wholly individual, incomparable, unique. This collection of Mr. Harte's most recent productions will be found to possess all the delightful charm that characterizes his writings, a charm that is as well-defined as it is indescribable. Sailors, miners, The Helmet of Navarre. By Bertha Runkle. New Miss Runkle's popular novel, of which we are told 100,000 copies were ordered before publication, |