Lapas attēli

Phair v. Dumond (Nebraska S. C.) Action-

Posthumous Child as Plaintiff, R. D. 387.

Phillips v. Western Union Tel. Co. (Missouri)

Evidence-Judicial Cognizance of Uniforms
of Employes and of Envelopes of Public
Utility, R. D. 386.

Poupore, et al., V. Stone Ordean Wells Co., et

al., (Minnesota S. C.) Judgment-Death of
Party, ann. case, 394.

Railroad v. Public Service Commission (Missouri

S. C.) Public Service Commission--Review

by Court of Findings of fact, R. D. 152.

Rast, Collector, V. Van Deman & Lewis Co., et

al. (L. S. S. C.) Validity of License Tax on

the Use of Trading Stamps, Ed. 295.

Rose V. Rose Minnesota S., C.) Divorce--Acts

Committed During Separation as Grounds

For, R. D. 243.

St. Louis I. M. & S. Ry. Co. v. House Oil & Mfg.

('o. (Arkansas S. C.) Carriers-Presumption

Where Goods are Delivered in Damaged

Condition to Consignee, R. D. 260.

Scarborough v. American Nat. Ins. Co. (North

Carolina S. C.) Insurance--Incontestable
Clause in Policy not Covering Execution of

Assured for Crime, R. D. 386.
Scholl v. Scholl (Missouri) Divorce-Children's

Rights Ignored, R. D. 441.

Sea board Air Line Ry. Co. v. Kenney (l'. S. S.

C.) Federal Employers' Liability Act--

Meaning of Phrase "Next of Kin," R. D.

State Carta (Connecticut) Evidence- With-

drawal of Plea of Guilty, ann. case, 178.
State v. Cotton (South Dakota S. C.) Criminal

Law-Conviction of Lower Kindred Offense

arged in Indictment, R. D. 26.
State v. Davis (West Virginia S. C.) Intoxicating

Liquor--Advertising Sales in a Prohibition

State, R. D. 135.
State v. McLaughlin (Louisiana S. C.) Criminal

Law--Statement by Victim of Homiciile as

Res Gestae, R. D. 242.
State V. McCullagh (Kansas) Constitutional

Law-Federal Statute for Protection of Mi-

gratory Game Birds, R. D. 100.

Straus y. Notaseme (l'. S. S. C.) Trade-Marks-

Profits in Unfair Competition, R. D. 219.

Stone v. Fidelity & Casualty Co. of New York

(Tennessee S. C.) Insurance-Accident, ann.

case, 195.

Stout v. United States (U. S. C. C. A.) Criminal

Law--Presumption Against Accused for

Failure to Submit Evidence Other Than His

Own Testimony, R. D. 80.

Tanner, Attorney-General, v. Little, et al. (U. S.

S. C.) Validity of License Tax On the Use

of Trading Stamps, Ed. 295.

Tasker V. Avey (Maine S. C.) High ways--Dog

Causing Injury to Automobile, R. D. 332.

Texas & Pacific Ry. Co. v. Rigsby (U. S. S.

C.) Intrastate Employes Under Protection

of Federal Safety Appliance Acts, Ed. 385.

Turner, et al., v. Vann, et al. (North Carolina)

Vendor and Purchaser-Sale in Gross, ann.

case, 250.

United States v. Barrow (U. S. S. C.) False Per-

sonation in Claiming to be a Federal Officer

of a Non-existing Office, Ed. 1.
Utah Power & Light Co. v. United States 1.

S.C. C. A.) Exercise of Right of Eminent
Domain Over Public Lands of the United

States, R D. 349.

Walker y. Walker (Rhode Island S. C.) Divoro,

-Direction of Decree From Bed and Buird,

R. D. 44.

Watson V. Mississippi River Power C. (Iowa

S. C.) Reform of Court Procedure Awaits

Upon Congress, Ed. 187.

Wells v. Navigation Co. (New York) Unneces-

sary Judicial Opinions Breeders of Confu-

sion, Ed. 277.
Western Union Tel. Co. v. Sharp (Arkansa; S.

C.) Commerce-Telegram From One Point
to Another in Same State With Wire Cross-

ing Boundary, R. D. 44.
Wheat v. Hill (U. S. C. C. A.) Wills-Computa-

tion of Degrees of Kinship by Discredited

Rule, R. D. 99.
Winfield v. Erie R. Co. (New Jersey) Workmen's

Compensation Act-Recovery of Employe in
Interstate Commerce, no Negligence Being

Claimed, R. D. 171.

Winfield v. New York, C. & H. R. Co. (New Yori

Recovery Under Workmen's Compensation

Act for Injury Suffered in Interstate Com-

merce Where Employer was

Free from

Negligence, Ed. 43.

Wolf v. Harris (Missouri s. C.) Injunction--Li-

bel and Slander, ann, case, 412.

Yasze & M. V. R. Co. v. Walls (Mississippi S.

Snellen State Bank v. Clasen (Minnesota S. C.)

Bills and Notes--Qualifying Words Affect-

ing Negotiability, 'R. D. 404.
Southern Express Co. v. Byers (L. S. S. C.) Dam-

ages-Mental Suffering, but Without Other
Injury, R. D. 333.

Southwestern Surety ('o. 1. Thompson (Texas)

Indemnity--Action by Employe and Cross-
Action by Employer Against Liability Com-

pany, R. D. 116.
Spady v. Spady (Oregon S. C.) Divorce-Grant-

able Where Marriage Was Entered Into
for Convenience, R. D. 350.

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1913 Edition



American Advocacy




Profossor of Advocacy and Legal Ethics in St. Louis

University Institute of Law.

The first edition of this work was received with great favor by lawyers all over the country and adopted in twelve law schools as the best text-book on the subject of advocacy and legal ethics.

Advocacy is the study of the "personal equation" in the application of law to actual conditions of life. To be able to win the mind and the confidence of court, jury and witnesses and the respect and esteem of one's profession is the most important element in a successful career at the bar.

There is included in this volume the full, official publication of the American Bar Association's Canons of Professional Ethics, upon which candidates for admission to the bar must stand ex. amination in most of the states of the Union.

One Volume, 352 Pages Bound in Law Buckram. Price, Prepaid, $3.50


Central Law Journal Co.

408 Olive Street

ST. LOUIS, MO. ever advancing but never completely atCentral Law Journal.

tainable ideal toward which society keeps

steadily striving. This ideal is realized ST. LOUIS, MO., JANUARY 7, 1916.

in some measure from time to time by

legislation changing or modifying rules LORD READING CALLED TO TASK FOR

of law. It must be borne in mind, howHIS AMERICAN INTERVIEW ON “JUS

ever, that the popular assembly of the TICE."

people is alone authorized to make the A judge who stoops to flatter public changes which the people regard as necmisconceptions of the judicial administra- essary to bring practical legal rules and tion of the law deserves the rebuke con

abstract principles of justice into closer tained in the sharp comments which the

working relationship, and a judge is jusEnglish law journals have made with ref

tified neither in lagging behind nor in erence to some after-dinner remarks of going ahead of the community's concepLord Reading while on his recent visit to

tion of justice as expressed in the action this country.

of the legislature.

A. H. R. Lörd Reading is quoted as saying that "the idea that it is the duty of the law


BE A FEDERAL OFFICER OF A NONcourts to dispense law, is becoming obso

EXISTING OFFICE. lete. It is recognized that the true duty of the courts is to dispense justice.”

The U. S. Supreme Court reverses rulLaw Notes (London) in its December, 1915, number, says:

ing by District Court reported in 221 Fed. “If his Lordship is correctly reported, employe of the United States under the

140, that false personation of an officer or then the observation of the average blunt

Federal Statute, "must be personation of old lawyer will be short and simple.

some particular person or class of persons, ‘Rot! The tongue of the most careful

since there cannot be a false persorration runs away with him in an afterbanquet speech, and if his Lordship did

of a suppositious individual who never ex

isted or whose class never existed." United make any such remark he now bitterly

States v. Barrow, 36 Sup. Ct. 19. repents it. What a nonsensical idea laymen have on this point. “Well, sir, it

The Supreme Court holds to a broader may be law, but it ain't justice.' In our

meaning of the federal statute, saying that: experience, we have noticed the remark

"To 'falsely assume or pretend to be an is generally made by a litigant who has

officer or employe acting under the authorjust lost his case. The law of the land

ity of the United States' * * * is the thing is made up of common law and statute prohibited. One who falsely assumes to law. If this law does not produce what pretend to hold office that has a de jure exthe community regard as justice, then istence is admittedly within its meaning. let Parliament amend the law. But in That is, where the assumption or pretense the name of common sense, don't let jus

is false in part, but contains a modicum of tice depend on the length and breadth of truth the statute is violated. Why should each judge's foot, or rather, brain." it be deemed less an offense where the as

Law and justice are not interchange- sumption or pretense is entirely false, as able terms. The one is objective; the

where the very office or employment to


of the United States to sell the “Messages good will for the government and its of-
and Papers of Presidents," and it was ficers" by criminal enactments, this seems
claimed that as there was no such federal the announcement of an era more in con-
employment, the United States had no con- formity to notions in monarchical, than in
cern in the pretense, but this was an of-republican rule.
fense, if any, under state law alone, and The genius of our government lies par-
state authority could not be encroached ticularly in the principle that all of our

citizens, whether some of them are ser-
Mr. Justice Whitney, speaking for a vants in official capacity during a brief
unanimous court, except McReynolds, J., period or during good behavior, are all
not sitting, quoted from a cited case by equal and all obedient and respectful and
defendant in error, as follows: "An act with good will for law and order. No other
committed within a state, whether for a obedience, respect or good will is required
good or a bad purpose, or whether with or necessary or considered more than sur-
an honest or criminal intent, cannot be plusage where this is had. It follows, as
made an offense against the United States the night follows the day, that, if all of
unless it have some relation to the execu- these are given to the law, its ministers' will
tion of a power of Congress, or to some not be obstructed, and when there is speech
matter within the jurisdiction of the United of extra respect and good will to such min-

isters, it is misspeech only or an anomaly.
It is then said: "Accepting this criterion But is it not hard, indeed, to see how
the legislation now under consideration is there is any lack of respect and good will
well within the authority of Congress. In for the federal government, in its dele-
order that the vast and complicated opera- gated functions, for one to pretend to per-
tions of the government of the United sonate a federal officer under an authority
States shall be carried on successfully, that has no existence in federal law? It
and with a minimum of friction and ob-might deceive one ignorant of federal law,
struction, it is important—or, at least, Con- but it would be proof conclusive of fraud
gress reasonably might so consider it—not simple fraud, only—to one informed. When
only that the authority of the governmental the ignorant one shall become informed, he
officers and employes be respected in par- would say, “I will prosecute the cheat for
ticular cases, but that a spirit of respect the fraud," and he would go to the jurisdic-
and good will for the government and its tion which enforces a penalty for such a
officers shall generally prevail. And what deception. Can this jurisdiction be taken
could more directly impair this spirit than

away by the offender telling a lie? This
to permit unauthorized and unscrupulous would be the case were objection made be-
persons to go about the country falsely as- fore a state court.
suming, for fraudulent purposes, to be en- It avails little to criticise a ruling, even
titled to the respect due to an officer of the though it be not unanimous, of our Federal
government. * * *

It is surely the same, Supreme Court, but the reasoning adduced
and the power of Congress to prevent it is in its support seems to us to smack too
quite the same, whether the pretender much of countries whose officials in civil
names a non-existing office or officer."

life strut with the importance which mili-
Verily do we find the United States, tary discipline tolerates, not to say encour-
though with limited and delegated powers ages. We trust this is not the forerunner
and those incidental thereto for the protec- of what shall obtain in the times of greater
tion of such powers, a touchy institution. preparedness which seem to be coming.

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