the United States under President McKinley. He conceived that his primary duty was to his clients and that he could best serve the community in performing the duties of a general practitioner. A corporation lawyer in the sense that he was owned or controlled by any corporate client, he most assuredly was not, although the most important corporations of the country sought his advice and retained him in their serious controversies. He was a highly trained lawyer, at home in any sort of a case, to whom the practice of his profession appealed strongly from its public aspects. His services were to be obtained by those who needed them if their causes met with his approval and appealed to his sympathies, regardless of the prospect of pecuniary compensation, and he had the reputation of giving as much conscientious care to a small matter as to a large. The only public position he ever consented to fill was that of membership upon the Fairmount Park Commission of Philadelphia. As a member of the commission, he selected the pictures for the Wilstach collection and has been a very large contributor to the fund. While refusing public office, however, he performed much public work for the city of Philadelphia in an unostentatious way along the lines of his profession without compensation.

"Mr. Johnson appears to have owed his success primarily to his marvelous faculty of getting directly to the heart of any problem, to the solution of which he directed his powers; to a singular clarity of statement in presenting the salient points of his case; and to an imagination which, as the late Samuel Dickson said, enabled him to put himself in the skin of every witness and party in the controversy, and to read their motives with remarkable accuracy, a power to which was largely due his great ability as a cross-examiner.

"Mr. Johnson's relations with the courts, with his brethren at the bar and with his clients were most happily described in an article by John Cadwalader, Esq., published originally in the Pennsylvania Alumni Register of March, 1915, shortly after the degree of LL.D. had been conferred upon him, both by Princeton University and the University of Pennsylvania, from which we quote:

"'It would be impossible to give even an outline of his important cases or their extent. His great strength before the courts has been realized by the whole bar. It has been owing not only to the cogency and vigorous power of accurate reasoning, but still more to the fact that the courts have felt absolute trust in the fidelity of his presentation of his cases.

"'He adapts himself readily to the short time now allowed to counsel under the rules of court, as his power to see the crucial points in a case renders him willing to ignore the minor issues, and he thus spares the court much unnecessary labor.

"'His relation to the bar is no less unusual. No one has ever reached leadership so free from the jealousy of his brothers of the bar or who has possessed more thoroughly their respect and admiration. In his early days his position was a very difficult one. He was so much the junior of those who in any way shared leadership with him that it was embarrassing for him to be a colleague. This, no doubt, led him to avoid having colleagues. They could rarely assist him, and he would often be obliged to leave the closing arguments to another simply because he was his senior, and he perferred to act alone.

"Briefly stated, such as Mr. Johnson's rela tions to the bench and bar; but his relation to his clients is of far greater importance. He possesses from his extraordinarily large experience not only the knowledge of the nature of general transactions between men and the law applicable to almost every conceivable question that can arise, but also the soundest judgment and capacity to advise those who apply to him. Common sense and wisdom in determining the best course to pursue are not always found even in the ablest lawyers, and when they are combined with the highest ability and widest legal knowledge, the value of the counsel can hardly be overestimated.

""Avoiding and preventing litigation is as important an attribute in a lawyer as the power to conduct it when it is imperative. Those capable of judging will admit that no one excels Mr. Johnson in the possession of this combination of capacities."

BOOK REVIEW

HEALY'S MENTAL CONFLICTS AND MISCONDUCT.

How far we have got away from the old ideas of revenge and retribution in the enforcement of the criminal law, especially in the case of juvenile offenders, is illustrated by the volume which is the subject of this review. The author, William Healy, is Director of the famous Psychopathic Institute operated in connection with the Juvenile Court, Chicago. This school

1. Adverse Possession-Burden of Proof.Where defendant in ejectment elected to plead her ten-year adverse holding next preceding the filing of suit, not having alleged any other poriod during which there was any adverse rossession, she was bound to make her case as alleged in her plea. - Lovejoy v. McKibben, Miss., 74 So. 281.

2. Occupancy. - Where plaintiff's predecessor in title by mistake occupied land not covered by his deed, not intending to claim title to land not covered by the deed, his possession was not adverse, and could not be joined to an adverse holding by plaintiffs to give them title by adverse possession. - Borneman v. Milliken, Me., 100 Atl. 5.

3. Prescription. Where a name testamentary trustee for life tenant and remainderrman fails to accept trust, prescription does not run during vacancy in favor of one in possession of trust property as against remaindermen until life tenant's death; Civ. Code 1910, § 4175, relating to prescription against estates, not applying to trust estates. - Ayer v. Chapman, 91 SE. 548.

4. Statute Limitations. - The payment of taxes by a party out of possession, who took a

receipt stating that the taxes were received from the party in possession by the payer, does not interrupt the running of the seven-year statute of limitations. - Galligan v. Thomas S. Hayden Realty Co., Colo., 163 Pac. 295.

5. Banks and Banking-Defective Check-A bank, remitting for a draft sent it for collection upon receiving in payment a defectively signed check on another bank which failed before the defect was corrected, cannot recover from drawer of the draft, although the negligent signer of the check was the drawer's agent, making a final accounting. - Parodi v. State Savings Bank of Jackson, Miss., 74 So. 280.

6.

Extension of Notes. - Where bank received notes for collection only, it was without authority to extend maturity of notes or sell them, in absence of express authority. - People's Bank of Plaquemine v. Erwin, U. S. C. C. A., 238 Fed. 791.

7. Non-Resident Director. - Stockholder's bill to recover from director of national bank amounts lost by speculations of president which merely alleged inattention of such director, who was a non-resident, but failed to show that the loss resulted from his inattention or absence from meetings, is insufficient. Wallach v. Billings, Ill., 115 N. E. 382.

8. Regulation. Under Banking Law authorizing State Superintendent of Banks to take possession of and liquidate assets of banks, in exercise of such duties superintendent is subject to discretion of court. In re Union Bank of Brooklyn, N. Y., 163 N. Y. Supp. 485.

9. Unpaid Subscription. In action by the superintendent of banks, in behalf of creditors of insolvent bank, for purchase price of stock. liability of defendant is for agreed price, and is absolute, as distinguished from provisional liability of subscriber for his unpaid subscription. -Sargent v. Waterbury, Ore., 163 Pac. 416.

10. Bankruptcy-Corporation. - Where corporation became bankrupt, although stock subscriptions to a considerable amount were unjaid, trustee in bankruptcy may sue subscribers who numbered about 3,000, many of whom were insolvent; collection of subscriptions from solvent stockholders being necessary to discharge corporate liabilities. - Kelley v. Aarons, U. S. D. C., 238 Fed. 996.

11. False Pretenses. - Though fraud other than by false representations may be actionable, it is only fraud by obtaining property by false pretenses or false representations which prevents the release of a bankrupt from his provable debts under Bankruptcy Act July 1, 1898, § 17a (2), as amended by Act Feb. 5, 1903, § 5.Zimmern v. Blount, U. S. C. C. A., 238 Fed. 740.

12.-Partnership. Where one partner uses firm property to pay his individual debts without the consent of his partner, the latter can recover the property, and his right to do so is one which passes to the firm's trustee in bankruptcyRyan v. Cavanagh, U. S. D. C., 238 Fed. 604.

13. Practice. - The bondsmen are liable under Bankr. Act July 1, 1898, § 3e, only for damages incident to the taking and withholding of property, not the costs and expenses incident

within purview of the Mann Act, and therefore punishable by the Donlan Act (Laws 1911, с. 1).-State v. Reed, Mont., 163 Pac. 477.

31. Workmen's Compensation Act. - The operation of a state Workmen's Compensation Act is not prevented merely because a railway employe is in a general sense engaged in interstate commerce. - Raymond v. Chicago, M. & St. P. R. Co., U. S. S. C.. 37 S. Ct. 268.

32. Constitutional Law-Compulsory Insurance. The constitutionality of the compulsory insurance provisions of Iowa elective Workmen's Compensation Act, § 42, will not be considered by the federal supreme court at the instance of an employer not accepting the act, where the highest state court has held that an employer not accepting is not compelled to insure.-Hawkins v. Bleakly, U. S. Sup., 37 S.

Ct. 255.

33. Intoxicating Liquor. Act Nov. 17, 1915 (Laws Ex. Sess. 1915, p. 88, § 20), abolishing property rights in prohibited liquors, and declaring that they may be seized, condemned, and destroyed upon order of court having jurisdiction, is not unconstitutional as not providing opportunity for a hearing.-Delaney v. Plunkett, Ga., 91 S. E. 561.

34. License Tax. -The exception of merchants paying a tax on their coffins from the license tax imposed by Laws 1916, c. 90, on dealers in coffins doing an undertaking business is void because denying equal protection of the laws to persons not merchants. - Johnston v. Long Furniture Co., Miss., 74 So. 283.

35. Person Affected. - One who does not claim to be qualified to pass an examination by the state board of health cannot question the constitutionality of Gen. Laws 1909, c. 1913, § 3, on the ground that its requirement that applicants for examination be graduates of medical schools excludes persons qualified in other respects to pass an examination. --State v. Hefferman, R. I., 100 Atl. 55.

36. Workmen's Compensation Act. The exclusion of farm laborers and domestic servants from the New York Workmen's Compensation Act does not render the act violative of the Fourteenth Amendment, as denying equal protection. New York Cent. R. Co. v. White, U. S. Sup. 37 S. Ct. 247.

37.

Contracts-Consideration. A promise of a third party to pay the driver of a race horse a specified amount if he could win the race, where driver is already legally bound to drive under contract with master, is without consideration.-McDevitt v. Stokes, Ky., 192 S. W. 681.

38. Corporations-Attorney. - That services by attorney in negotiating sale of leasehold for corporation were performed under appointment as member of committee, or that he was a stockholder and assistant secretary, do not invalidate his right to compensation. - Hjorth Oil Co. v. Curtis, Wyo., 163 Pac. 362.

39. Descent and Distribution-Children. - The word "children" and "lawful issue," when found in statutes of succession, are not to be confined to their strict common law signification. Wolf v. Gall, Cal., 163 Pac. 346.

40. Easement-Drain Pipe. An apparent easement need not be actually visible, but it is enough that facts and circumstances fairly construed will disclose it, as in case of drain pipe under surface in which water is conducted from roof. Miller v. Skaggs, W. Va., 91 S. E. 536.

41. Eminent Domain-Ordinance. - Where city condemning land for viaduct agreed with owner that he might use the surface of ground, it was not necessary that the ordinance set out particular right sought to be acquired. City of Chicago v. Lord, Ill., 115 N. E. 397.

42. Sea Wall. - Where city to protect itself from floods desires to construct sea wall, it may condemn property for such purpose, and bond issue therefor cannot be attacked on ground that such wall would have to be constructed on private property. - Sick v. City of Bay St. Louis, Miss., 74 So. 272.

43. Estoppel-Prospective Inheritance. - A warranty deed purporting to convey lands to which the grantor has only a prospective inheritance and to which he never becomes entitled because of his death within his ancestor's lifetime does not estop his children from asserting title as heirs of their grandparents.-French v. McMillion, W. Va., 91 S. E. 538.

44. Fraud - Opinion.--A fraudulent statement of the market value of stock which has an ascertainable value is a statement of a fact, and not a mere expression of opinon. Zimmern v. Blount, U. S. C. C. A., 238 Fed. 740.

45. Fraudulent Conveyances-Bulk Sales Statute.- Where defendant who received a bill of sale for personal property was already in possession of the property as the transferor's agent, Civ. Code, § 3440, declaring that transfers of property not accompanied by immediate delivery, etc., are deemed fraudulent, has no application. - Ellis v. Funk, Cal., 163 Pac. 332.

46. Gifts - Causa Mortis. - To constitute a good gift causa mortis it is not necessary to show that death resulted from the very disease apprehended. - Stevens v. Provident Inst. for Savings, Mass., 115 Ν. Ε. 404.

47. Highways-Abandonment. A public highway may be abandoned, but the public rights cannot be divested by mere nonuser, and there must not only be cessation of control, but obstruction by a private person acquiesced in by the public authorities. - City of Chicago v. Lord, III., 115 Ν. Ε. 397.

48. Assumption of Liability. A contract for construction of a road providing that contractor assume liability for all accidents accruing by reason of negligence of himself or employes, during prosecution of work, did not cover an injury received after work was completed, because of a defect in road as completed by one not a party to the contract. - Cummens v. Owen Bros. Const, Co., Tex., 192 S. W. 792.

49. Notice. - A telephone company held liable for injury to a traveler on a road through its wire being too low, though lowered by a third person, it not having remedied it in a reasonable time after notice. - Texarkana Telephone Co. v. Burge, Tex., 192 S. W. 807.

50. Husband and Wife - Duress. - In an action on bond executed to wife by husband, a plea of duress founded upon an arrest in a lawful proceeding is insufficient, where it does not aver that proceeding was instituted without just cause, or that, if founded upon just cause, it was prosecuted for ulterior or improper pur pose. Bolyard v. Bolyard, W. Va., 91 S. E. 529.

51. Injunction-Labor Strike-Striking em ployes cannot be enjoined from picketing the employer's plant, or from attempting to per suade, without coercing, employes from working there. Tri-City Central Trades Council v. American Steel Foundries, U. S. C. C. A., 238

Fed. 728.

52. Insurance-Books in Safe Place. A condition in a fire policy requiring assured to keep his books in a secure place when store was not "actually open for business" held violated by failure to place books in a safe place while he was home for dinner and while store was locked. -Merchants' & Bankers' Fire Underwriters . Foster, Tex., 192 S. W. 811.