"

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Rep. 727, a prison association not controlled by the state and enforcing its own laws and regulations for the management of its affairs is subject to all the responsibilities of any private corporation, including torts by its officers or employes. This was, however, a nuisance case, being pollution of water flowing to adjoining premises.

But it has been held that if a college or university is not in any just sense a corporation at all, but a mere agency of a state, it belongs to the state and so may its property, and acts by its Weary v. State officers are acts by the state. University, 41 Iowa 335.

If, however, it is an institution which conducts its business for compensation, it is liable like any Medical College of Ga. v. other corporation. Rushing, 1 Ga. App. 468, 57 S. E. 1083.

In Dunn v. Brown County Agri. Soc., 46 Ohio St. 93, 18 N. E. 496, 1 L. R. A. 754, 15 Am. St. Rep. 556, there was injury to a patron at a fair, occupying a seat in a grand stand. It was held that it was liable for injuries caused by improper management of its property.

In Gross v. Ky. Bd. of Managers, 105 Ky. 840, 49 S. W. 458, 43 L. R. A. 703, a board of managers of World's Columbian Exposition was held liable for its contracts, where, though the state appointed them, it yet declared it would not be responsible for its indebtedness. It was said that if it was a corporation or a quasi-corporation there was no reason for exemption of it from suit.

It would appear that an educational institution is not exempt on any theory of its being eleemosynary in its character, and it is not part of a public school system which may be like any ordinary municipal corporation. It is not, so to speak, an arm of the state, when it is pursuing a course which only in a general sense is promotive of its weal. This, however, might be urged as to many other institutions which do not lay any claim to C. exemption from suit.

UTTERANCES
ON THE CLOSE OF THE WAR.

SPONTANEOUS JUDICIAL

Spontaneity is often more delightfully characteristic of thought than studied elegance and accuracy.

For that reason we were charmed with the impromptu remarks of the several judges of the city of New York in adjourning their courts on Nov. 11th, 1918, on publication of the news that the armistice had been signed by Germany. These remarks are reported in the New York Law Journal, and we quote from them as follows:

Before excusing his jurors for the day Justice Meyer said:

"It may be years before a correct history of what has transpired there will be written, but

the events that have been chronicled in the daily press are sufficient to impress upon the mind of every individual living today that the most wonderful feat in history has been accomplished by an army of civilians, untrained, unaccustomed to warfare, unaccustomed to the use of arms, in the short space of eighteen months. Probably no such achievement has ever been accomplished before in the history of the world. We were pitted against nations which had for several decades been preparing for the conflict, and we, wholly unprepared, taking our young men from civil life, have been able to go over there and teach those militant countries the place where they belong on the map of the world and this morning the welcome news comes to us that the one who was the instigator of this horrible strife has abdicated together with his successor, his son, and that Europe from one end to the other is to become a nation of democracies. The world is to be congratulated upon this wonderful achievement."

Justice John Ford addressed the Bar, saying:

"I feel that I ought to say something by way of relieving my mind in this momentous hour. A splendid page of American history has been written. The most weighty criticism against our conduct during the past four years has been our dilatoriness in getting into the war, and yet I doubt if the American people could have been induced to consent to a declaration of war a moment earlier than we actually did declare war. This war did not become to us a war to the death between democracy and autocracy. You remember the indignities placed upon us, the murder of our people at sea, and the denial to us of the use of the highways of the sea. You remember the condition laid down by Germany that we could send one ship a week painted like a gigantic barber pole through that one narrow lane they marked out for us; and then the ruthless submarine warfare, and Germany's breach of faith in its resumption. There was nothing left for us to do as a selfrespecting nation, and we went in unselfishly, and fortunately we had a spokesman for our country who represented the real feelings of our people so nearly, I believe, as any human being could represent them; represented our burning desire for peace between all nations, justice between all nations, particularly justice and fair dealing to the small and weak nations.

"We have suffered long, but we displayed to the world that force in the war which It is showed that we knew how to wage war.

a lesson to European countries. It was not Germany alone who thought of us as money grubbers, with no national feeling, no patriotism. We were a congeries of different nationalities. Why the German statesmen were advised by their German spies in this country that the German vote was so strong here that no President would dare to do anything that would alienate it; everything was run by selfish political consideration and then the Irish, of course, in this country could not be de

CENTRAL LAW JOURNAL

German-Americans or Irish-Americans, so-called, or descendants of the Pilgrims of Plymouth. It was a war for liberty and for justice and for peace.

"I hope that while in the most serious phase of the conflict that is yet ahead of us we will prove our moderation and put no blot upon this glorious page of American history. I believe, however, that a measure of justice should be meted out to Germany as the author of this awful conflict. I think that we ought to, upon our own part, demand reparation for actual damage done. One thing in particular I hope our nation will insist upon, and that is, indemnity for the loss of life and property on the Lusitania, and then indemnity for our shipping sunk and the lives lost in contravention of international law and the laws of war. But as for new territory, as for punitive indemnities merely, that, I hope, we shall not insist upon. We have been put to enormous expense. have made enormous sacrifices. But I hope We we will bear those."

Municipal Court Justice Lynn said:

"In granting the motion to adjourn this day I feel moved to say that this date, November 11, 1918, probably marks the greatest date in all human history. I know of no other day that is more closely associated with the world's betterment than this day. There are some divisions of sentiment about other national holidays, but there can be no division of sentiment about November 11. It probably marks the beginning of the greatest period of peace and good will in the world. We have today the liberation not merely of the unfortunate country that has been cursed by a war emperor, and that has permitted itself to follow militarism and socalled 'might making right,' but we have the uplifting of a dozen or more nations; we have troublesome questions settled that the world was trying to settle for a thousand years, and all the outcome of this terrible blood atonement. Poland, that was once a great empire, a great people, is now being restored. The Syrian people, who gave civilization to the world 5,000 years ago, is now about to take its own form of government. Palestine, the seat of all the great religious work over the world, is going back to its original people, the Jewish people sacred a place that is made as well to the Christian The great empires of Mesopotamia and of people. Arabia are being revived. strong over the weak is being removed from The curse of the the world. This idea that might makes right is destroyed, and it is a very happy omen that this new land, this great republic of America, should be the instrument of the Divine will to create this condition."

393

BOOK REVIEW

WAGNER'S REVISED CODE OF ST. LOUIS.

It is so seldom that we have opportunity to review a volume of city, ordinances that when we received a request to review the new Revised Code of St. Louis we consented with a hope of gaining some idea of the scope and importance of this branch of municipal law.

The new Revised Code of St. Louis was prepared by Mr. Hugh K. Wagner, a member in high standing of the St. Louis Bar. The work was made necessary by the adoption of a new city charter by St. Louis which required many changes in city ordinances to adapt them to the new conditions.

St. Louis, being one of a very few cities which is part of no county but is for all practical purposes a county in itself, offers a basis for the study of city government from a most advantageous standpoint. The new charter is probably the most liberal charter of municipal powers ever granted to any city. The city has power to tax for "all general purposes" and on "all subjects or objects special of taxation;" to make special assessments; incur debts with restriction; to bonds without limit issue as to "upon the amount, either credit of the city solely

to

or

or

on the credit of specific property," or on income "derived from the operation of any public utility owned by the city;" to expend money for any lawful purpose; to buy, hold, sell or mortgage real or personal property; to acquire and operate public utilities; to regulate rates and charges of public utilities; to provide and maintain "charitable, educational, recreative, curative, corrective, detentive or penal institutions." These are a few of thirty-two special powers granted to the city which are concluded with a general grant "to do all things whatsoever expedient for promoting or maintaining the comfort, education, morals, peace, government, health, welfare, trade, commerce, or manufactures of the city or its inhabitants."

The foregoing broad powers give ample scope to a city legislature to provide for the comfort and convenience of its inhabitants and the opportunity thus afforded has not been neglected by the Board of Aldermen of St. Louis, who have passed ordinances which, after being codified and amended, fill a volume of 865 pages.

CENTRAL LAW JOURNAL

The clear and logical analysis of the great multitude of ordinances is not the only merit of this Revised Code, but the annotation of each section of the code is complete. In many cases the history of the ordinance is given and authorities are cited construing similar ordinances since repealed, or similar ordinances in other cities.

The law of a big city is largely administrative and highly technical. It does not lend itself to philosophical speculation to any great extent. Its application, however, is growing in extent and affecting more and more the important financial and personal business of the citizen. Therefore it calls for the careful study of the lawyer to prevent injustice and secure the beneficent purposes intended. this sense the codifier of the ordinances of a great city who has done his work well has rendered a distinct public service.

Printed in one volume of 1811 pages and published by the Register of the City of St. Louis.

The Centennial History of the Harvard Law
School. 1817-1917. Published by the Harvard
Law School Association. 1917. Price, $1.50.
Review will follow.

CENTRAL LAW JOURNAL

395

of premises while he himself is in possession. -In re H. M. Lasker Co., U. S. C. C. A., 251 F. 53.

WEEKLY DIGEST.

Weekly Digest of ALL the Important Opinions
of ALL the State and Territorial Courts of
Last Resort and of ALL the Federal Courts.

Copy of Opinion in any case referred to in this digest may be procured by sending 25 cents to us or to the West Pub. Co., St. Paul, Minn.

..2, 11, 44, 84 .3, 6, 1 21, 24, 27, 32, 57, 71, 72, 83 .70 ..54, 58 67 .18, 34, 38, 41, 64, 74

Maryland

.16, 37

Massachusetts

.85

Minnesota

.40

Missouri ..12, 14, 29, 31, 33, 35, 39, 43, 52, 55, 73 36 .28, 48, 49, 65 17 .13, 42 .25, 63, 79 53

.9, 15, 20, 45, 62, 76
.30, 47, 80, 82.

New Hampshire.

New York.

North Dakota.
Ohio

Oklahoma

Pennsylvania

South Carolina.

South Dakota.
Tennessee

U. S. C. C. App...

United States D. C.

Utah

Washington

West Virginia.

.1, 51, 81 19, 59, 77 .46

4, 5, 7, 8, 10, 75

8.- -State Law.-Under the law of Pennsylvania a sale of personalty by a bankrupt in good faith to his mother-in-law, with whom he and his wife lived as one family and for whom he worked, is not invalid as to creditors because there was sion. In re Komara, U. S. C. C. A., 251 F. 47. no visible change of posses9. Banks and president of a bank, acting for himself in a Banking-Agency.-A vice transaction with the bank, must be regarded as a stranger to it, and knowledge on his part of illegal consideration of note assigned by him to bank does not impute knowledge to bank.State v. Emery, Okla., 174 P. 770.

10. Declaration of Dividends.-Directors of a national bank are not liable for voting and declaring dividends out of the capital, if they exercised reasonable diligence and acted in good faith, in the belief that the dividends were payable from net profits.-Williams v. Spensley, U. S. C. C. A., 251 F. 58.

11. Forgery.-A bank, paying on forged indorsement a check payable to fictitious person, obtained from maker by fraud of whom he had confidence, was guilty of proxiperson in mate negligence, rendering it liable, within rule as to which of two innocent persons shall suffer for act of third person.-Robertson

Banking Co. v. Brasfield, Ala., 79 So. 651.

12. Forgery.-Where a bank, for 10 cents on $100, honored checks of branch manager, receiving credit daily by its a corporation's correspondent in another city for drawn, law .6 checks so of liability as between depositor and banker for payment of forged checks regulated liability of bank to corporation.-East St. Louis Cotton Oil Co. v. Bank of Steele, Mo., 205 S. W. 96.

1. Animals-Proximate plaintiff's horse was negligently allowed to be at large in violation of law, and was killed by an automobile which defendant permitted his son to drive in violation of the town law, plaintiff might recover if his act was not the proximate cause of the accident.-Haynes v. Kay, S. ., 96 S. E. 623.

of At

in

2. Attorney and Client-Authority torney.-Agreement, made with defendant execution by attorney for plaintiff in execution, to have sheriff release defendant's property from levy, was not binding on plaintiff in execution. -Barton v. Burton Mfg. Co., Ala., 79 So. 664.

3.- Contract of Employment.-Where an attorney's contract of employment provided for a fixed fee to be remitted to client in case atTorney's fees were allowed by the court unless a greater recovery was had than that offered by defendant, and the client settled the case for lesser amount, the fixed fee only.-Davies & Davies v. Patterthe attorney could recover son, Ark., 205 S. W. 118.

rosecution for the fraudulent concealment of to property of the partnership from its trustee, under Bankruptcy Act, § 29b (1).-Conetto v. United States, U. S. C. C. A., 251 F. 42.

5. Hinder, Delay, and property transferred by bankrupts within four Defraud.-Though months of insolvency was subsequently on demand surrendered by the Trustee in bankruptcy, a finding that the previtransferees to the ous transfer was made with intent to hinder, delay, or defraud creditors, within Bankruptcy Act, § 14 (4) (Comp. St. 1916, § 9598), is no way affected, and discharge may be denied.-In re Singer, U. S. C. C. A., 251 F. 51.

6. Intervention.-Intervener, knowledge of facts and without any claim of ownership, permitted bankrupt to hold exclusive possession of residence substantial improvements, etc., could not, after property, make more than 20 years, contravene lien of trustee n behalf of creditors, for whose debts property was expressly or impliedly pledged, to his knowledge. In re Rawlins Mercantile Co., U. S. D. C., 251 F. 164.

7-Rental.-A landlord cannot be allowed from the estate of a bankrupt rent for the use

15.- Indorser.--A qualified indorser, in
action on the instrument, brought by subse-
quent bona fide holder, cannot impeach his war-
ranties by objecting to a judgment against the
maker and prior indorsers
holder.-State Exch. Bank of Elk City v. Na-
in favor of the
tional Bank of Commerce of St. Louis, Mo.,
Okla., 174 P. 796.

16.
street being revoked, conveyance
from its northerly terminus to its southerly ter-
minus at a pond is sufficient to carry whatever
right the grantor's estate had in the bed of the
pond in front of the street.-Bowie v. Western
Maryland R. Terminal Co., Md., 104 A. 461.

Boundaries-Dedication.-Dedication of a
of its bed

17. Carriers of Goods-Seizure by Officer.Where shipper had due notice of proceedings in which property is taken from the carrier by attachment, if he fails to protect his interest, it is immaterial, in action against carrier. whether the attachment proceedings were roneous as a matter of law.-Pecos Valley Trading Co. v. Atchison, T. & S. F. Ry. Co., N. M.. 174 P. 736.

396

CENTRAL LAW JOURNAL

another, was liable for his assault on a passenger in the course of and within the scope of his business, as he was its agent in respect to the carriage of passengers.-Blankenbaker Chicago, M. & St. P. Ry. Co., S. D., 168 N. W. 744.

V.

20. Champerty and Maintenance-Indian Aland his lotments. Where a minor Cherokee freedman allotted lands deed to his than one more gave a grantees held possession for year and after his majority conveyed to another, validity of second conveyance held not affected by champerty statute; Rev. Laws 1910, § 2260, being controlled by congressional act.Sanders v. Melson, Okla., 174 P. 755.

21. Chattel Mortgages-Conversion.-Where at the execution of a chattel mortgage the property is in the possession of a third person, the act of such person in refusing to deliver the property to the mortgagee after default constituted a conversion as of the date of the demand; his prior possession being immaterial.— Mitchell v. Wood, 174 P. 677.

22. Constitutional Law-Industrial Commission.-Under Const. art. 1, § 11, giving a right of action in the courts for any injury, a master, under the Industrial Commission Law, has the right of appeal to the courts from the order of the Industrial Commission, as to the question of ultimate liability.-Industrial Commission of Utah v. Evans, Utah, 174 P. 825.

23. Contracts-Extra Work.-The term "extra work" in a construction contract applies to the contract, work of a character not contemplated by the not controlled by parties and while "additional work" is such as may fairly be presumed to arise in the construction, and v. Salt is within the contract, although not included in and specifications.-Wilson the plans

Lake City, Utah, 174 P. 817.

24. Public Policy.-A contract whereby one to procure testimony of certain facts agrees which will successfully support or defeat a lawsuit, or which provides that payment to the one procuring such testimony is to be tingent upon the result of the lawsuit, is void, being calculated to induce false charges and perjured testimony.-Hare v. McGue, Cal., 174 P. 663.

con

25. Corporations-Similarity of Name.-Cor-
porations will generally be considered legal
entities, but where there are two or more of
is the other's agent,
and one
similar names
court will look to the substance, and if it ap-
pears to be organized to defeat action by in-
dividuals, its corporate character will not pre-
vent proper relief.-Advance-Rumely Thresher
Co. v. Geyer, N. D., 168 N. W. 731.

26. Damages-immunity.-Where a brakeman
was injured by the negligence of his employer,
and his permanent recovery rendered more pre-
carious and doubtful by reason of a venereal
disease, the employer could not claim entire or
that account.-Dahlquist
partial immunity on
v. Denver & R. G. R. Co., Utah, 174 P. 833.

27. Trespass.-Where complaint was based
on a single trespass ousting plaintiff from land
and alleged damages to live stock, other per-
sonal property, expense of moving, mesne prof-
its, etc., in addition to general damage clause,
expunging the special damages pleaded was er-
ror.-Gomez v. Reed, Cal., 174 P. 658.

28. Death-Pain and Suffering.-Under fed-
eral Employers' Liability Act, both the causes
of action for pain and suffering between injury
and death and for pecuniary damages to the
next of kin must be sent up in the pleadings,
if recovery is sought on each cause of action.
-Lennon v. Erie R. Co., N. J., 104 A. 444.

Commission.
29. Electricity-Public Service
-In determining whether a company furnishing
electric current to certain individuals is a pub-
lic utility, and subject to control of the Public
Service Commission, so that the Commission
may compel it to reinstate service to a given
individual, it is immaterial with what motive
the service was discontinued.-State ex rel. M.
O. Danciger & Co. v. Public Service Commission
of Missouri, Mo., 205 S. W. 36.

30. Eminent Domain-Damages.--Where park
commissioners condemn land adjoining a park
for purposes of its extension, the value of the

made for

and improvements premises taken purpose of serving refreshments and entertaining visitors should be considered on the question of damages.-Rowan v. Commonwealth, Pa., 104 A. 502.

railroad com

31. Jurisdiction.-Where a pany commenced condemnation proceedings and made claim to adverse claimants of the land condemnation money which was never paid into the court had to the title court or to be the true owner, as to make no jurisdiction to determine the land as between the claimants its adjudication binding in a subsequent suit by one of the claimants to quiet title.-Murphy v. Barron, Mo., 205 S. W. 49.

SO

32. Estoppel-Benefit Received.-Where husband contracted for construction of buildings was part bond as owner of land and as owner expended his money, giving of contractor's to him, and obligors named of inducement should not be heard to deny his title to land and thereby escape liability.-Cohn v. Smith, Cal., 174 P. 682.

33.-Privity

in Estate.-Where

surviving wife for many years claimed merely homestead estate in land to which she had fee-simple title, because husband and wife had held land by entirety, her delay in asserting fee-simple title thereto does not estop parties claiming under her from asserting title, where parties invoking estoppel were not prejudiced thereby.— Burke v. Murphy, Mo., 205 S. W. 32.

34. Frauds, Statute of-Executory Contract. form containing -Two writings in identical contract terms of an executory contract of sale by named parties, and each identified by same number, and purporting within itself to be a duplicate of another to be signed by opposite party, can, when so executed, be connected together, without the aid of parol testimony, and thus meet the requirements of the statute of frauds. McFadden v. White City Mfg. Co., Ga, 96 S. E. 581.

of Conveyances-Badge 35. Fraudulent Fraud.-In an action to set aside a deed as any unusual third persons, fraudulent as to clause in the deed, or unusual method of conducting business, apparently done to give the transaction an air of honesty and good faith, is of itself a badge of fraud.-Barber v. Nunn, Mo., 205 S. W. 14.

36. -Bulk Sales Law.-An assignment of all assets, including stock in trade, for benefit of creditors, is not void as to creditors as a sale of stock in trade, in violation of Laws 1909, C. 69, § 1-Eldredge Brewing Co. v. Cocheco Bottling Co., N. H., 104 A. 453.

a man is in 37. Inherited Property.-If debt, and inherits property, or it becomes vested in him as a tenant by the entireties, he canthe deprivation of his not give it away to creditors merely because credit was not given him on the faith of his ownership of the property. Turner v. Hudson Cement & Supply Co. of Baltimore City, Md., 104 A. 455. 38.

Contract-Where Guaranty-Executory executory contract of guaranty provides for withdrawal by guarantor, he may withdraw without liability for responsibility incurred after notice of his intention to withdraw.-W. T. Rawleigh Medical Co. v. Burney, Ga., 96 S. E. 578.

39.

Highways-Road Bonds.-A purchaser of road bonds, for value and before maturity in the usual course of business, need only ascer tain at his peril if the commissioners of the road district had power to issue the bonds, but he need not inquire with reference to matters of detail as to their issuance.-Rose v. Spring: field and Brookline Special Road Dist., Mo., 20

S. W. 54.

Business.-"Banner40. Injunction-Unfair ing" a moving picture house as unfair to or ganized labor, and thereby deterring the public from patronizing it, if to compel the owner not to work himself, is unlawful, and may be enMotion Picture Machine joined. Roraback v.

Operators' Union of Minneapolis, Minn., 168 N

W. 766.

41. Void

Municipal

Ordinance.-Where

prosecutions are threatened under a void municipal ordinance, and the effect of such prosecu tions would tend to injure or destroy property