Графични страници
PDF файл
ePub

Phair v. Dumond (Nebraska S. C.) Action State o. Carta (Connecticut) Evidence-With-
Posthumous Child as Plaintiff, R. D. 387.

drawal of Plea of Guilty, ann, case, 178.
Phillips y. Browne (Illinois S. C.) Constitutional | State v. Cotton (South Dakota S. C.) Criminal
Law - Exemption of Members of Legislature

LawConviction of Lower Kindred Offense
From Civil Process During Legislative Ses-

Charged in Indictment, R. D. 26.
sion, R. D. 45.

State v. Davis (West Virginia S. C.) Intoxicating
Phillips v. Western Union Tel, Co. (Missouri)

Liquor--Advertising Sales in a Prohibition
Evidence-Judicial Cognizance of Uniforms

State, R. D. 135.
of Employes and of Envelopes of Public
Utility, R. D. 386.

State v. McLaughlin (Louisiana S. C.) Criminal

Law-Statement by Victim of Homicide a:

Res Gestae, R. D. 242.
Poupore, et al., 1. Stone Ordean Wells Co., et

al., (Minnesota S. C.) Judgment-Death of State v. McCullagh (Kansas) Constitutional
Party, ann. case, 394.

Law-Federal Statute for Protection of Mi-

gratory Game Birds, R. D. 100.
Provident S. L. Assur. Co. v. Kentucky (C. S.

S. C.) Foreign Corporations-Carrying on Straus v. Notaseme (l'. S. S. C.) Trade-Marks-
Business Without License, R. D. 3.

Profits in Unfair Competition, R. D. 279,
Putnam v. Browne, et al. (Wisconsin S. C.) Li Stone v. Fidelity & Casualty Co. of New York
bel and Slander---Candidate for Office, ann.

(Tennessee S. C.) Insurance--Accident, ann.
case, 124.

case, 195.

Railroad v. Public Service Commission (Missouri | Stout v. United States (U. S. C. C. A.) Criminal
S. C.) Public Service Commission--Review

Law-Presumption Against Accused for
by (ourt of Findings of Fact, R. D. 152.

Failure to Submit Evidence Other Than His

Own Testimony, R. D. 80.
Rast, Collector, v. Van Deman & Lewis Co., et

al. (U. S. S. C) Validity of License Tax on Tanner, Attorney-General, V. Little, et al. (U. S.
the l’se of Trading Stamps, Ed, 295.

S. C.) Validity of License Tax on the t'se

of Trading Stamps, Ed. 295.
Rose v. Rose (Minnesota S., C.) Divorce--Acts
('ommitted During Separation as Grounds

| Tasker v. Avey (Maine S. C.) Highways -Dog
For, R. D. 243.

Causing Injury to Automobile, R. D. 332.
St. Louis I. M. & S. Ry. Co. v. House Oil & Mfg.

Texas & Pacific Ry. Co. v. Rigsby (C. S. S.
Co. (Arkansas S. C.) Carriers-Presumption

C.) Intrastate Employes Under Protection
Where Goods are Delivered in Damaged

of Federal Safety Appliance Acts, Ed. 385.
Condition to Consignee, R. D. 260.

Turner, et al., V. Vann, et al. (North Carolina)
Scarborough v. American Nat. Ins. Co. (North

Vendor and Purchaser-Sale in Gross, ann.
Carolina S. C.) Insurance-Incontestable

case, 250.
Clause in Policy not Covering Execution of
Assured for Crime, R. D. 386.

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

sonation in Claiming to be a Federal Officer
Scholl v. Scholl (Missouri) Divorce-Children's

of a Non-existing Office, Ed. 1.
Rights Ignored, R. D. 441.

Utah Power & Light Co. v. United State; l.
Seaboard Air Line Ry. ('o, v. kenney (U. S. S.

S. C. C. A.) Exercise of Right of Eminent
(.) Federal Employers' Liability Act

Domain Over Public Lands of the United
Meaning of Phrase "Next of Kin," R. D.

States, R. D. 349.
368.

Walker v. Walker (Rhode Island s. C.) Divuoro,
Sea board Air Line Ry. v. Mullin (Florida S. C.)

-Direction of Decree From Bed and Bourd,
Carrier of Goods-Delay at Place of Un-

R. D. 44.
precedented Flood, R. D. 135.

Watson v. Mississippi River Power ('. (Iowa
Seven Cases v. United States (U. S. S. C.) Com-

S. C.) Reform of Court Procedure Awaits
merce-Misbranding Drugs by False State-

Upon Congress, Ed. 187.
ment in Package Regarding Curative Ef-
fects, R. D. 172.

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

sary Judicial Opinions Breeders of Contu-
Shannahan v. Monarch Engineering Co. (New

sion, Ed. 277.
York S. C.) Workmen's Compensation Act--
Remedy Exclusive of Right of Action at Western Union Tel. Co. v. Sharp (Arkansa; S.
Common Law, R. D. 62.

C.) Commerce-Telegram From One Point

to Another in Same State With Wire Cross-
Sikori v. Fellowcraft Club, et al. (Michigan S.

ing Boundary, R. D. 44.
C.) Landlord and Tenant-invitee, ann.
case, 86.

Wheat v. Hill (U. S. C. C. A.) Wills-Computa-

tion of Degrees of Kinship by Discredited
Snellen State Bank v. Clasen (Minnesota S. C.)

Rule, R. D. 99.
Bills and Notes- Qualifying Words Affect.
ing Negotiability, 'R. D. 404.

Winfield v. Erie R. Co. (New Jersey) Workmen';

Compensation Act-Recovery of Employe in
Southern Express Co. v. Byers (C'. S. S. C.) Dam-

Interstate Commerce, no Negligence Being
ages--Mental Suffering, but Without Other

Claimed, R. D. 171.
Injury, R. D. 333.

Winfield v. New York, C. & H. R. Co. (New Yorii
Southwestern Surety Co. W. Thompson (Texas)

Recovery l'nder Workmen's Compensation
Indemnity-Action by Employe and Cross-

Act for Injury Suffered in Interstate Com-
Action by Employer Against Liability ('om-

merce Where Employer was Free from
pany, R. D. 116.

Negligence, Ed. 43.
Spady v. Spady (Oregon S. C.) Divorce-Grant | Wolf v. Harris (Missouri s. C.) Injunction--Li-
able Where Marriage Was Entered Into

bel and Slander, ann. case, 412.
for Convenience, R. D. 350.

Yaozo & M. V. R. Co. v. Walls (Mississippi S.
State, ex rel., 1. Roach (Missouri) ('orporation-

C.) Carrier of Passengers-Passenger on
Right to Fix Capital Stock at Less Than

Train not Stopping at Destination on Tickel.
True Value in Articles of Incorporation, R.

R. D. 64.
D. 98.

| Youngerman V. New York, N. H. & II. R. ().
State v. Agey (North Carolina S. C.) Foreign

(Massachusetts) Carrier of Passenger's
Corporation-Blue Sky Law, ann. case, 429.

Commencement of Relation, ann. case. *31.

[merged small][ocr errors][merged small][merged small][merged small][merged small][merged small]
[graphic]

30!

ELIHU ROOT

of New York President of the American Bar Association

1913 Edition

Robbins American Advocacy

on

SECOND EDITION

BY
ALEXANDER H. ROBBINS

Professor 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 examination in most of the states of the Union.

[ocr errors]

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

Address

Central Law Journal Co. 408 Olive Street

ST. LOUIS, MO.

[ocr errors]

Central Law Journal.

ever advancing but never completely attainable 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. TICE."

ever, that the popular assembly of the

people is alone authorized to make the A judge who stoops to fatter 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

guing 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. Lord Reading is quoted as saying that "the idea that it is the duty of the law | FALSE PERSONATION IN CLAIMING TO courts to dispense law, is becoming obso

BE A FEDERAL OFFICER OF A NON

EXISTING OFFICE. lete. It is recognized that the true duty of the courts is to dispense justice.” Law Notes (London) in its December,

The U. S. Supreme Court reverses rul

ing by District Court reported in 221 Fed. 1915, number, says: "If his Lordship is correctly reported,

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

employe of the United States under the old lawyer will be short and simple.

Federal Statute, “must be personation of ‘Rot! The tongue of the most careful

some particular person or class of persons, man runs away with him in an after

since there cannot be a false personation

of a suppositious individual who never exbanquet. speech, and if his Lordship did make any such remark he now bitterly

isted or whose class never existed.” United repents it. What a nonsensical idea lay

States v. Barrow, 36 Sup. Ct. 19. men 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 y 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. Wh 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 other subjective. Law, in the practical which the accused pretends title has no use of that term, is society's conception legal or actual existence?" of justice, concretely expressed in stat- The pretense in this case was that deute and decision. Abstract justice is an I fendant falsely pretended to be an employe 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
upon.

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 l 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-
States.”

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.
And when those incidental powers take on This decision does not greatly help to keep-
the enforcing of "a spirit of respect and I ing well-defined the boundaries between

« ПредишнаНапред »