ATION QUESTIONS RAND ACCURATE ANSWERS ohn Smith is a trustee administering his trust nder the supervision of the court of equity. He beculates on his own individual account, and edges the above mentioned certificates, indorsed him, "John Smith, Trustee of John Brown, deased," with the stock brokers through whom he carrying on his speculations. No order of court thorizing the pledging of these certificates has en passed. The brokers sell the stock represented these certificates, and apply the proceeds of sale the payment of John Smith's individual debt to em. John Smith is removed as trustee. His sucssor in the trust sues the brokers for the value the stock. Can he recover in a court of equity, d, if so, discuss briefly the principles involved? ee "Trusts," 39 CYC p. 548 ff.; Outlines for Reew, p. 309.) ering the permit for the delivery of the coal. He did not imitate the handwriting of any other person. Was accused guilty of forgery? (See "Forgery," 26 C. J. sections 8, 38; Outlines for Review, p. 115.) (13) The Singer Manufacturing Company, by written contract, employed one Corbett to sell its sewing machines. He was to be paid for his “services" solely by commissions on sales and collections. The company furnished a wagon; he furnished horse and harness in canvassing; agreed to devote himself to the business under the direction of the company and under its rules and regulations, and to pay expenses attendant on the business; also not to make use of the company's name in such a way as to lead to the belief that the company was responsible for his actions. He might be discharged at any time, but must give ten days' notice on leaving. Contract forfeited if he sells any other machines. Is Corbett an agent or a servant of the company? (See "Agency," 2 C. J. section 9; Outlines for Review, pp. 199, 200.) (14) Plaintiff was the owner of a tract of timberland adjacent to the railroad of defendant. The timber of plaintiff was burned by sparks emitted from a locomotive of defendant while passing the land of plaintiff and traveling on its roadway. What must plaintiff prove in order that he may recover from defendant? (See "Railroads," 33 CYC pp. 1325-1347, 1359; Outlines for Review, pp. 158, 159.) (15) What is the effect of impossibility of performance arising subsequent to the formation of a contract? (See "Contracts," 13 C. J. sections 712716; Outlines for Review, pp. 186, 187.) (16) State briefly the rule respecting the responsibility of a corporation for crime, and its punishment therefor. (See "Corporations," 14A C. J. sections 3024, 3029; Outlines for Review, pp. 126, 127.) valid gift, and the student can reason from this fundamental principle of the law of gifts to a correct answer. law of gifts, and, apart from the proposition that a gift in contemplation of suicide is invalid, probably was intended Another Example by the examiners to test knowledge of the necessity The second question in the for and character of delivery January issue read as follows: of the thing given. "Outlines "X fired with a rifle at an for Review," at pp. 286, 287, object in his neighbor's yard, states that delivery is an which, in the dusk, he believed element of every to be his neighbor working in essential Here the fundamental prin Questions of Other Types Some bar questions, of course, are comparatively simple in themselves; that is, reach directly, instead of indirectly or inferentially, to some fundamental principle of law. Such a question is the ninth in the January issue, reading: "Is the following instrument negotiable? $1,000.00 Baltimore, Md., June 18, 1923. Ninety days after date I promise to pay to John Smith the sum of one thousand dollars together with interest at 6%. Samuel Jones. (Seal) See 'Bills and Notes,' 8 C. J. section 260; Outlines for Review, p. 195.)" In the case of such a question the text of "Outlines for Review" affords a specific answer, not merely a statement of fundamental principles from which, the answer can be reasoned out. In the case of the ninth question the principle is that an instrument to be negotiable must contain on its face words of negotiability, stated in "Outlines for Review" at p. 195. Final Example The tenth question in the January issue may be taken as a final example of how correct specific legal conclusions may be reached by a process of reasoning from fundamental principles. The question cad as follows: "A minor son living with his father purposely and maliciously threw stones through the windows of a neighbor, doing considerable damage. He acted on his own volition. The father did not countenance the acts of his son, and administered a reasonable degree of corporal punishment. The neighbor brought two suits for damages, one against the father and one against the son. What were his rights in these suits, respectively? (See 'Parent and Child,' 29 CYC pp. 1665-1667, text and notes 3-12; 'Infants,' 31 C. J. section 204, text and notes 33, 34; Outlines for Review, pp. 232, 142, 247.)" After reference to the text of "Outlines for Review" at p. 232 concerning a parent's liability for his child's torts, it is a comparatively simple process to reason out the answer to the question, which can then be tested by reference to 29 Cyc at pp. 16651667 and to 31 C. J. at section 204. Conclusion the garden. The bullet found We strongly urge each one its mark, but the object struck ciples involved are those of of our readers to make full proved to be a stump. The the law of criminal attempts use of these bar examination neighbor whose life X sought which are covered by "Out- questions by treating them as to take was nowhere in the lines for Review" at p. 127. we have suggested in this and vicinity. X is indicted for an Reference to that page will prior issues, and by always attempt to commit murder. afford the student a statement endeavoring to reach a cor(See 'Homi- of the three essential elements rect specific conclusion by a What result? cide,' 30 C. J. section 152, par- of a criminal attempt from process of reasoning from the ticularly text and notes 6, 7, which he can reason out for fundamental principles of the 10, 12, 20; Outlines for Re- himself the correct answer to law as developed and stated in view, p. 127.)" the question. "Outlines for Review." years. DEAN GEORGE CHASE An Appreciation by Prof. Robert D. Petty as dur a for News of the Schools (Continued from page 1, col 4) (3) The Law Library of Thomas Charles Carrigan, Ph. D., LL. D., the second Dean of the School of Law of the The Vanderbilt School of Law Professor George Chase, adopted and maintained Dean of the New York Law ing his long career School, was born at Portland, teacher of law in New York Catholic University of America, which was donated by his Maine, on December 29th, City." parents, Mr. and Mrs. Charles 1849, and died January 8th, Professor Chase was the Carrigan, of Worcester, Mass1924, at his residence, No. 309 editor and author of several achusetts, and which now West Seventy-fourth Street, law books, including Black- serves as a fitting memorial of the great labors expended by Commentaries New York City, where he had stone's Dr. Carrigan in developing the been confined for the last four American Students, Chase's Law Library. When these Stephen's Digest of the Law resources fail to satisfy the Professor Chase early exof Evidence, and Chase's requirements of the advanced hibited that industry, ability, Cases on Torts. He was, how-student, the Library of Congress and the Library of the and those scholarly qualities ever, so occupied with teach- Supreme Court of the United ing that his time was limited States are easily accessible. for which he was noted in for that productive legal later life. Entering Yale, he scholarship for which he was was graduated in 1870, being so well qualified. Together John Bell Keeble, Dean of the valedictorian of his class. with his other duties, he was, the Law School, recently anAfter graduation, he taught York Law Journal. for a time, editor of the New nounced that two years of college work will be required for one year in a classical During the period he was for entrance at the session beschool, and then, in 1871, en-teaching in Columbia Law ginning in the fall of 1925. tered Columbia Law School. School and the New York This is in accordance with the The warden of the school at Law School, it is estimated rules of the Association of that between twelve and American Law Schools, which fifteen thousand students were embraces all the leading law instructed by him. Included schools of the United States among them are not only dis- and of which the Vanderbilt tinguished jurists and lawyers, Law School has for many but also many men prominent years been a member. in public affairs. The follow- Association required one year ing are a few of them: For- of college work in 1923 and mer President Roosevelt; two years in 1925. The VanSecretary of State Charles E. derbilt Law School raised its Hughes and his predecessor, entrance requirement at this Bainbridge Colby; the diplo- session to one year of college mat, Oscar S. Straus; Chief work. The student body. Judge Hiscock; Judges Car- however, is as large as it was dozo and Crane of the Court of Appeals of New York; and former Judges Seabury and Elkus of that court. The last year at this time, number- that time was Professor Theodore W. Dwight, who is regarded by many as the greatest law teacher of his time. Upon graduation from the law school in 1873, such a favorable impression had Professor Chase made upon Professor Dwight that the latter invited him to become a member of the law faculty of the school. Professor Chase remained a member of the law faculty of Columbia Law School as assistant instructor, As a teacher, Professor instructor, assistant professor, Chase was noted for his power and professor until 1891, when of analysis and accurate statehe and all the other law pro-mand of the English language ment, and he possessed a comfessors, except one, resigned. and a polish and culture that Immediately thereafter Pro- clearly indicated his scholarly Washington College of Law attainments. He was most fessor Chase organized the The preliminary session of patient with his students and the Practice Court of the New York Law School, of had for them a kindly sym- Washington College of Law which he became dean, occu-pathy. In particular, he was held Tuesday, December pying that position until his sought to help students who 11th. At this session dedeath, although of necessity had financial difficulties and murrers, motions to dismiss, to assist the poor and worthy and motions to quash were during his illness directing the boy to obtain a legal educa- heard. law school from his sick room. tion. "The leisurely days of quiet study in an office The purpose of Professor under the kindly personal interest of some Chase in founding the New veteran of a thousand legal battles are gone." York Law School was to purChicago Kent College of second largest law school in sue and develop the method Law was not founded by any the state, was affiliated there- of legal instruction followed one person, but sprung into with and the name of the inexistence in 1886 as a result stitution changed to Chicago by Professor Dwight-"the of the condition surrounding method," as Professor Chase the legal profession and the During the 37 years of its said, "which receives its name study of law during the middle existence it has graduated from the distinguished ineighties. about 7,000 students from its classes, and about 2,500 of structor, Professor Theodore them are practicing in Chicago Chicago Kent College of Law 10 No. Franklin Street Judge Bailey was the first Dean. Kent College of Law. Chicago. In 1899 the College became and vicinity. Many of its the law department of Lake graduates have won distinc- Street is close to the courts Forest University and contin- tion at the bar and on the and principal law offices of ued to be such until the dis- bench not only in Illinois, but solution of the University in in almost every state in the Chicago Kent College of 1904. It was the first law Union. Law is organized for educaschool in the state to require The new proposed building tional purposes and not pethree years study before shown in the above picture cuniary gain, and its new granting the degree of Bach- will be used exclusively by the home will be erected from College and was especially de- surplus funds arising from its signed for the purpose. Its operations and contributions location at 10 No. Franklin from the alumni and others. elor of Laws. In 1900 the Kent College of Law, founded in 1892, and the Fordham University Charles Kingsley, a member of the Senior Morning Class, and Jerome Renitz, a member of the Senior Afternoon Class, recently passed the New York State Bar Examination (in October, 1923) after having completed only their second year of law at Fordham. Mr. Kingsley received his A. B. at Dartmouth College (Hanover, N. H.). He has been active at the college and is one of the attorneys at the Moot Trial. Mr. Renitz is a graduate of the College of the City of New York (1921) and served as general secretary of the Committee for the Fordham Law Review. Another member of the Senior Class of Fordham Law School who has succeeded early in his law training to pass the state bar examination is Richard J. Tarrant. He is a member of the Third Year Evening Class and has already passed the New Jersey State Bar. Mr. Tarrant was graduated from St. Peter's Prep. in June, 1915, and from St. John's College, Fordham University, in June, 1919, receiving an A. B. In 1922 he received his A. M. from St. Peter's College. Mr. Tarrant practices law in New. Jersey at the offices of Douglas D. J. Story, Jersey City. ing this purpose. The com-gether with the opinions of all courts of the state of New York. St. Paul College of Law Erroneous figures as to the present attendance at the St. Paul College of Law for the school year 1923-24 were printed in the January issue New Building of Northwestern University Law School, and Its Dean, John Henry Wigmore The law school was founded in 1859 with a sum of money given by Thomas Hoyne when there were only three similar schools west of the Allegheny Mountains. The first dean was Henry Booth, 1859-1891. For many years the school was under the joint control of the old University of Chicago and of Northwestern University, and was known as the Union College of Law. In 1891, the other University having long ceased to share in the management and being about to surcontrol, and the school has since been an integral part of the render its charter, Northwestern University assumed sole University, and has borne its name. Another member of the Third Year Evening Class University of North Carolina who deserves commendation in passing the New York The new law school buildState Bar examinations last ing, which was in course of October is Jacob S. Seidman. construction last year, was Mr. Seidman was graduated ready for occupancy at the bes from New York University ginning of the term, and the in 1921 with the degree of law school began its work in B. S. C., Magna Cum Lauda. its new home. The building is The school at the present While at New York Univer- called Manning Hall, in honor time has an enrollment of 359 The course of study is arranged to give a knowledge of sity, he was president of the of Dr. John Manning, who students, 58 in the fourth year the law that will be indispensable to students wherever Sophomore and Senior night was in charge of the school class, 67 in the third year class, they may practice. Graduates of the school are now located classes. In 1922 he passed the from 1881 until his death in 99 in the second year class, in nearly every state and territory, as well as in foreign examination for Certified 1899. The reading room, and 135 in the first year class. countries. Special courses are offered for acquiring a knowPublic Accountant and at- stack rooms, and offices are tained the C. P. A. degree. on the first floor; the recita- Beginning with the year 1920- ledge of the law of Illinois. 21 the school lengthened its Mr. Seidman has attained a tion rooms are on the second course to four years. splendid average in his work floor, and in the basement is a at Fordham University School large social rocm for the conof Law and his friends were venience of the students. The John Randolph Neal College of Law not surprised at his success at recitation rooms are furnished the Bar examinations. At with desks and chairs of light The John Randolph Neal present he is a member of the oak, and the reading room College of Law, established by to modern and scientific methods of instruction. firm of Seidman & Seidman, and offices have tables, desks, Dr. John R. Neal last fall, The school is located in Northwestern University BuildCertified Public Accountants, and chairs of dark oak. In recently entered upon its sec-ing at the corner of Lake and Dearborn Streets, Chicago, and well-equipped ond term. which was acquired and rebuilt in 1901-1902, at a cost of nearly one million dollars. It is situated near the center of the business district of Chicago and is of easy access from all residence portions of the city. The City, State, and Federal Courts are within a few blocks. The school occupies 24,000 square feet of space, divided into convenient lecture rooms, assembly rooms, study rooms, professors' offices, court room, and library. The arrangement of the rooms, opening on an inner court, insures seclusion and quiet for study. Park Row, this city. its new been before it was parts of the state enrolled. The purpose of delegating a home the law school has a Its first term was far more separate and distinct evening larger opportunity for growth successful than had been anto the Fordham Law School and expansion, and an addi- ticipated. Announced only a at the play given by the tional obligation for the most fortnight Mimes and Mummers of efficient service to the univer- launched, students from all Fordham University was ac- sity and to the state. complished in every regard. Not only was there a large Cumberland University body of Fordham Law School Announcement has students at the play, but the members of the faculty and made of the purchase by the alumni of the Law School law department of Cumberwere also in attendance. The land University, Lebanon, idea of setting aside a partic- Tenn., of more than 1,600 ular evening for Law School volumes of law books for the students is to bring the entire law school's already extensive Boston University Law School university together on differ- library. The purchase in- President Calvin Coolidge ent occasions so as to culti- cludes all of the published was recently initiated into the vate an increased university opinions of the courts of last Boston University Law School spirit. The plan has proved resort in ail the states during Chapter of Delta Theta Phi an excellent means of effect- the last thirty-five years, to- fraternity. The case-study system, or the study of the principles of law as illustrated in judicial opinions, is followed in most courses of instruction; but each instructor follows his own judgment, in conducting the classes by lectures, discussions, recitations, written exercises, or in any way he deems best adapted to the subject. The extensive library of the school, the Elbert H. Gary Library of Law, lends itself peculiarly The picture above is the architect's drawing of the new law school building now in course of construction. ONE OF MANY "Permit me to take this opportunity to tell you how much I appreciate your book, 'Outlines for Review.' I found it invaluable in review for examinations, and it has shown me the value of Corpus Juris-Cyc in the Law Library here." WILSON WYLIE BEALL, Jr., University of Virginia. THE SUPREME COURT AND FIVE-TO-FOUR DECISIONS By GEORGE E. SLOAN a [Editor's note: Footnotes from Magnus Johnson, nor are printed in the text.] that veteran warrior, SamSenator Borah has an- uel Gompers. These charges nounced that he intends to re- of “usurpation," "corporation vive his bill limiting the power lawyers," and "irresponsible of the Supreme Court in de- individuals," come from claring federal laws unconsti- Justice of the Supreme Court tutional. The bill would re- of New York-John Ford. quire at least seven of the nine Justices to concur in nullifying an act of Congress, thus eliminating the criticism of "five-to-four" decisions. Opposed to the view of Justice Ford is that of L. L. Winters, Chicago economist and director of the Chicago Board of Trade, who believes that: "The Supreme Court is the only safeguard of our lives, liberty, and property. Destroy its power, and a tyrannical majority would, at will, pass legislation which would destroy the rights of the helpless minority." THUMBNAIL BIOGRAPHIES OF GREAT AMERICAN LAWYERS John Marshall (1755-1835) John Marshall, second and most eminent Chief Justice of the United States Supreme Court, was born September 24th, 1755, in Germantown, now Midland, Virginia. He served as lieutenant and captain in the army of the colonies during the Revolutionary War; resigned in 1781; was admitted to the bar of Virginia, and practiced in that state. He was a member of the Virginia Assembly from 1782 to 1791, and from 1795 to 1797. In 1788 he was the leading member of the Virginia Convention which ratified the Constitution of the United States. He declined President Washington's offers to appoint him to the attorney-generalship in 1795 and to make him minister to France in 1796. In the fall and winter of 1797-1798 he was one of the three commissioners appointed by President Adams to adjust the differences between this country and France. In 1799 he was elected as a Federalist to the House of Representatives, and became Secretary of State under President Adams June 6th, 1800. He held this office until March 4th, 1801, but in the meantime had been appointed Chief Justice of the Supreme Court as of January 31st, 1800. Chief Justice Marshall's services in upbuilding the prestige of the court itself, and in developing the line of constitutional decisions which served finally to establish the federal Union as an efficient sovereignty, are too well-known and understood to require elaboration here. He authoritatively expounded the Constitution during the most critical period of its existence, and solidly established the instrument on the only basis on which it could have stood until the present day-as a covenant binding alike upon the people, the states, and the federal government. His decisions did not work out completely the position of the states in the federal system, but they did establish the positions of the federal legislature and the federal judiciary. As a constitutional lawyer, Chief Justice Marshall stands without a rival. He died July 6th, 1835, and is buried in Richmond, Virginia. His portrait is the frontispiece to 3 Corpus Juris. V. La Follette, leader of the Senate radicals, would go even farther and have a constitutional amendment enabling Congress to override all decisions of the Supreme Court by a two-thirds vote. Borah draws the line at this, saying: "I do not believe in depriv- James M. Beck, U. S. Soing the Supreme Court of the licitor General, takes the power to pass upon the con- stand that we might some day stitutionality of laws. But have a radical President, and there is much dissatisfaction that in the four or eight years over five-to-four decisions by he was in power he might be decisions of the Court, and 316 (1819).] the Dartmouth souri Compromise act of the which acts of Congress, passed able to appoint three Justices sanctioned by public opinion College Case, [4 Wheat. 513 Dred Scott case), it is probby an overwhelming majority of the Supreme Court. Thus of the nation. The first of (1819).] Gibbons Ogden, able that history would not and signed by the President, a radical faction could be these great decisions was that [9 Wheat. 1 (1824).] and have shown any different Neither would the are nullified, and if some mod- formed within the Court, mak- of Marbury v. Madison, de- Cohens v. Virginia [6 Wheat. results. erate measure, such as I am ing it impossible for the Court cided in 1803, soon after Mar-264 (1821).] have followed. It course of events have been proposing, is not adopted, we properly to perform its func- shall came into office. This is significant, in view of the altered to any great extent may get something more tion for many years to come. held that it was within the recent agitation, that none of had the Court never exercised radical." Illness or death might result power of the court to declare these great landmarks were its powers regarding the The idea is not new. Web-in only six judges sitting when unconstitutional any act of "five-to-four" decisions. [At thirty-two acts of Congress the time of the first case there held unconstitutional between ster once proposed a similar the unanimous opinion of the Congress. measure, and Clay supported six judges present would be In order to understand the were only six judges. When 1869 and 1917, with the posit. As late as 1868 the House nullified by the absence of the origin of Marbury v. Madison Fletcher v. Peck was decided sible exception of the Civil passed such a bill, but it did others. [1 Cranch 137.] it is necessary five judges sat, with two sick. Rights cases. [Justice Holmes not get through the Senate. The United States is the to understand John Marshall. The Court consisted of seven himself has said that: "The when the United States would not come While it is no doubt true only nation in existence where At the time he accepted the judges normally that there is dissatisfaction the court of last resort is able position of Chief Justice of the other cases were decided, one to an end if we lost our power over the power of the Su- to veto the acts of the highest Supreme Court in 1801 it was being absent when Cohens v. to declare an act of Congress preme Court to invalidate acts legislative body. [But see 6 not the position of honor that Virginia was before the Court. void." See Sup. Ct. in U.S. of Congress by a mere ma- Am. Pol. Sci. Rev. 456 (1912), it is today. John Jay, the first It was some time after this History, by Charles Warren, jority vote, it is highly prob- mentioning a recent case in Chief Justice, resigned to be- that Congress increased the Vol. 1, pp. 16-17.] Thus it able that its extent is consid- Roumania declaring unconsti- come a candidate for Gov- number from seven to nine.] seems fair to say that the erably less than Mr. Borah tutional an act of the Rou- ernor of New York. John Borah and La Follette seem fundamental value of Marhas been led to believe. Here, manian Parliament. The Fed- Rutledge resigned from the to concentrate their attack on bury v. Madison is in securing for example, is an opinion of eral Circuit Court for Penn- Supreme bench to become the Court's power to nullify uniformity in federal law, the type that has so influ-sylvania declared an act of Chief Justice of the South federal legislation. To be which could never result enced the Senator from Congress unconstitutional in Carolina Supreme Court, and consistent, they must also otherwise. Hayburn's case (1792), but the President Jefferson himself shackle its far more important But had the Supreme Court "Not satisfied with usurping case is not reported. See 13 said in his message to Con- power of declaring state legis- been deprived of its other, and the power to nullify acts of Am. Hist. Rev. 281 (1908), by gress in 1805 that undoubtedly lation unconstitutional. Of the major, power-that of passing Congress, for the lust of M. Ferrand.] the second office in the United total of fifty cases where an upon the constitutionality of power is never satisfied, the While the Constitution itself States was the governorship act of Congress has been de- state laws-the result might Supreme Court has arrogated did not expressly grant the of the Territory of Orleans. clared unconstitutional, in our have been very different. to itself the equally dangerous powers of passing upon the When the architect of our hundred and fifty years of [Illustrated in 1870, when the power of amending the acts constitutionality of federal or national capital planned the history, the number of bare Kentucky courts held the which it permits to stand. state laws, [The subject was structure he forgot that the majority decisions has only Legal Tender Act invalid, If, to a majority of the nine not debated extensively in the Supreme Court even existed, been a little over half. while the courts of other irresponsible individuals who Constitutional Convention, and and did not provide a room for The number of decisions states held the contrary.] constitute the (Supreme) what little discussion did take it in the building. This ex- holding acts of state legisla- "I do think," says Justice Court, an act of national legis-place showed a wide differ- plains why the Supreme Court tures to be unconstitutional Holmes, "that the Union lation does not seem reason- ence of opinion among the of the United States, during numbers under 300, which is would be imperiled if we able, they may disregard its delegates. The Constitution all the time that Marshall was surprisingly small when we could not make that declaraobvious meaning as explicitly itself says merely that: "The Chief Justice, met in the base-realize that the number of tion as to the laws of the sevset forth in the act itself and Judicial power of the United ment of the Capitol-the little state law-making bodies has eral states. For one in my give it a wholly different States shall be vested in one room which is now the library increased from 13 to 48, and place sees how often a local meaning which will accord Supreme Court, and in such of the Court. that their output has been policy prevails with those who with their Own personal inferior courts as the Con- Marshall's one great thought enormous. [See Congress and are not trained to national views. . . . Nine corporation gress may from time to time in going on the bench was to the Supreme Court, by Alex-views, and how often action is lawyers, most of them, by ordain and establish. The weld the States into a single ander Sidney Lanier, 218 N. taken that embodies what the association, training, and pre-judges, both of the Supreme nation. He did this by Am. Rev. 578.] commerce clause was meant dilection, wedded to plutoc- and inferior courts, shall hold strengthening the Supreme During the first eighty years to end." [Ibid., Vol. 1, page racy, are actually exercising their offices during good be- Court, and the first of those only four federal statutes were 17.] the power to say what laws havior, and shall, at stated tremendous pronouncements held unconstitutional, of which the national legislature may times, receive for their ser- which made the Court more only two were of any importenact and to make over to suit vices a compensation which powerful than Congress itself ance. Even if the Court had their reactionary minds those shall not be diminished during was Marbury Madison. been unable to determine the that they do not declare un- their continuance in office." Since then Fletcher v. Peck, validity of either of these two constitutional." (Article 3, section 1).] they [6 Cranch 87 (1810).] McCul- (the Mandamus act of MarSuch views do not come were established by repeated loch v. Maryland, [4 Wheat. | bury v. Madison and the Mis Idaho: V. Those who would reform "five-to-four" decisions call the power of the Court to declare void acts of Congress “usurpation." This charge is answered once and for all by Professor Beard, who says: V. THE LAW STUDENT'S DIGEST "Nothing like a little judicious levity."-R. L. Stevenson. "In view of the principles entertained by the leading members of the convention, with whom Marshall was acquainted, [It is only fair to say that not all the members of the convention believed that the Court should be more powerful than Congress. Benjamin Franklin said that when a majority of both Houses had passed an act, and the President had signed it, no man would have the temerity to overthrow it. See Mich. State Bar Journal, Vol. 1, page 121, Words and Phrases-"Hell." "The popular idea of hell is March, 1922.] in view of the a place of fire and brimstone. There are those in the doctrine so clearly laid down present day who, for reasons satisfactory to themselves, conin Number 78 of the Fed- tend that there is no such place as hell; but even this class eralist, in view of the argu- will admit that, if there is such a place, there is nothing there ments made more than once which is consistent with honesty, decency, or the right conby eminent counsel before the ception of things. Both the popular and the theological idea Supreme Court, in view of of hell has nothing in it to make any connection with that Hayburn's Case, [Not report- place either desirable or comfortable from a physical or spired. See 13 Am. Hist. Rev. 281, itual point of view. The word 'hell' is a synonym for all that and Ibid.] and Hylton is evil and corrupt in the grossest and basest sense of those United States, [Decided terms." Atlanta News Pub. Co. v. Medlock, 51 S. E. 756, 758 March, 1796; 3 Dall. 171; 1 (Ga.). Law. Ed. 556] in view of the judicial opinions, several times expressed, in view of the purpose and spirit of the federal constitution, it is difficult to understand the power asserted by Marshall in Marbury v. Marriage Principle of Reproduction. "The principle of Madison as 'usurpation.'" reproduction stands next in importance to its elder born cor[N. Y. Times, Book Review, relative, self-preservation, and is equally a tundamental law of March 4, 1923, page 10.] existence. It is the blessing which tempered with mercy the The necessity of jurisdiction justice of expulsion from Paradise. It was impressed upon by the Court over federal and the human creation by a beneficent Providence to multiply state legislation was realized the images of himself, and thus to promote his own glory and by Madison. Speaking in the happiness of his creatures. Not man alone, but the whole 1832, he said: animal and vegetable kingdom are under an imperious neces"I have never been able to sity to obey its mandates. From the lord of the forest to the see that, without such a view monster of the deep-from the subtlety of the serpent to the of the subject, the Constitu- innocence of the dove-from the celastic embrace of the tion itself could be the su- mountain kalmia to the descending fructification of the lily of preme law of the land; or that the plain, all nature bows submissively to this primeval law. the uniformity of the federal Even the flowers which perfume the air with their fragrance, authority throughout the par- and decorate the forests and fields with their hues, are but ties to it could be preserved; 'curtains to the nuptial bed.'" Com. v. Stauffeur, 10 Pa. St. or that, without this uni- 350, 51 Am. Dec. 489. formity, anarchy and disunion could be prevented." [Ibid.] Obscenity-Books and Authors. "A book may be thoroughly indecent, no matter how great the author or how fascinating the style. It is also true that well-known writers have committed crimes. Dr. Dott was hanged for forgery, yet his sermons were not indecent. Oscar Wilde was convicted of personal wrongdoing, and confined in Reading Goal. It does not follow that all his plays were obscene." Halsey v. N. Y. Soc., 136 N. E. 219, 221 (N. Y.). Intoxicating Liquors-"White Mule." "White mule' is not an animal, but an intoxicating liquor; so called, I suppose, because of its 'kick.' Casteel v. State, 235 S. W. 386 (Ark.). This useful little book is divided into nine parts, a law dictionary; Latin and French Legal Maxims; the Uniform Negotiable Instruments Law; the Uniform Sales Law; the Uniform Transfer of Stock FORMS! FORMS! TWO THOUSAND Law; the Uniform Warehouse These Forms contain The volume is attractively and substantially bound and more solid legal is of a size (approximately and business sense 64 x 42 inches) to permit its being readily carried in the than can be found pocket. in any single volume Birdseye's Abbott's Encyc- published in a decade. lopedia of General Business and Legal Forms-Baker, Law Students will get Voorhis & Co., New York more knowledge of City. This volume, 2,365 pages in the practical application length, makes possible a step of law to business forward in legal education used intelligently by out of a study Birdseye's Encyclopedia from the realm of mere theory of General There is a great differ- Business and when law students. In applying to of these forms modern business problems the suggestions of the thousands than can be obtained of modern forms reproduced, in any other way. To require seven judges to Ejectment-Legal Fiction. "John Doe is a mere figment the student can develop in hold an act void, as advocated of the law's imagination, with no more existence as a real himself the habits of thought by Senator Borah, would relax suitor than Mercury has as a real god. Only during high and methods of approach to the protection afforded by poetic transport does the law regard him as a true, objective the legal problems of business the Constitution to that ex-personality. Though born of the muse, he is dry and common- which mark the modern lawtent, since it might be possible place enough to be engaged in the extensive real estate busi-yer of mental independence for the illness or willfulness ness which he pretends to carry on, but in very truth, he is a and capacity. of one member to paralyze the phantom-a legal will-o'-the-wisp, an ingenious conceit of the The Encyclopedia of Genpower of the Court to act law in its rapt poetic moods." Rutherford v. Hobbs, 63 Ga. eral Business and Legal when necessary. With one 243. Forms, intelligently used, will justice absent the votes of all take the law student at once but one of the remaining judges would be necessary to Court in view of the unbroken fallible, know that legisla- and set him down in the field invalidate an act contrary to line of authority and success- tures are even less so, for of fact, life, action, and busithe Constitution. With two ful conflict on the same lines reasons inherent in the po- ness. judges absent, it would take from Marbury v. Madison to litical condition of their ex-ence between a knowledge of the entire Supreme Court to the present. Granted that it istence. Impatient reformers the law as abstract theory and hold a congressional act un- were necessary or desirable to may rage at any checks upon an ability to apply that knowlconstitutional. compel seven votes out of their projects, but that funda-edge in the solution of tangiIf it is necessary that there nine to pass upon the consti- mental force known as "the ble problems of a highly conbe any disruption of the Court tutionality of legislation, such people" recognizes that in the crete character. as now constituted it would a step would have to be vast majority of cases the re- draw contracts, deeds, arbitraseem that the suggestion of effected by means of a con- straints of the courts have tion agreements, assignments, Imperial Octavo Volume, Frederick G. Bromberg would stitutional amendment. been for their protection. The bills of lading and sale, bonds, 2,400 pp. be much preferable to that of But to destroy to any de- Supreme Court has survived mortgages, charter parties, the gentleman from Idaho. gree the power or usefulness war, panic, and party strife, leases, and the thousand and Price, $15.00 Mr. Bromberg's theory is that of that institution which has and it is to be doubted one papers required by corthe Court may itself pass a acted for almost a century and whether that vast, unheard porate organizations and reor- Published by by-law requiring the votes of a half as a balance wheel multitude making up the rank ganizations is a distinguishing Baker, Voorhis & Co., against unwise or hasty legis- and file of our nation will mark of the thoroughly comlation is to that same degree countenance any handicap petent lawyer. Systematic New York. to strangle and neutralize our upon the court in the faithful study by the law student of distinctive governing system performance of its duties such the forms contained in this For sale of checks and balances and as would inevitably be the re- book cannot fail to assist him vitiate the protection accorded sult of the bill proposed by greatly in developing capacity at all seven members to declare an act of Congress void. [Cen. L Jr., Aug. 20, 1923, Vol. 96, page 285.] It is doubtful in the extreme whether any mere act of Congress regulating the method of conducting its affairs would be accepted by the Supreme Legal Forms Ability to In One Large to analyze a legal situation University Book Stores. [From the "Central Law and to meet it precisely and safely when drawing papers. Easy terms if desired. us under our Constitution. Senator Borah. |