Therefore, be it resolved that we, his classmates, extend to his relatives our sincere sympathy for them in their bereavement. For the Class of '92,

CHARLES F. BATES,
AMOS H. STEPHENS,
GEORGE H. WALKER.

AFTER the lapse of a month's time one is enabled to glance back over the year that has just passed and take a fairly impartial view of the principal events that will in future years make the history of the year 1890. Although this is hardly a legal subject, still it will be very useful to us all to make this brief survey. And first, the year 1890 will be memorable for its reactions. Ideas which started with extra ordinary enthusiasm are now but objects of opprobrium. Stanley has come back from "Darkest Africa" only to become an object of distrust. The interest with which he was received has died out, and many fingers are pointed at the suspiciously black spots of his record as leader of the relief expedition.

General" Booth-" Pope " Booth, as he is now called-has been repulsed in his scheme to relieve "the submerged truth" in "Darkest England." Those who were at first most in favor of the Salvation Army scheme, are now its bitterest enemies. It is very doubtful if the "General" will make any headway with his apparently extraordinarily charitable ideas.

Home rule has received a black eye, and the Tories have gained a new lease of power at the moment when they were most in danger of being overturned by the Liberals, under the marvelous leadership of Mr. Gladstone. Indeed the blow dealt the Liberal party, by the prince of political intriguers, has every likelihood of dismembering that party, and of sending Mr.

Gladstone into retirement, a grievously disappointed man. In Ireland a reaction has started against the supreme leadership of Mr. Parnell, chiefly under the guidance of the Catholic Church, which will for a long time at least relegate him very near to the land of oblivion. His unparalleled ability of uniting warring elements may bring him again into prominence. Nevertheless, it is to be feared that Ireland has lost her most able worker, since the times of O'Connell, in the tremendous work of giving to her the reforms she is imperatively in need of.

France has about recovered from her frenzy over the "brave" General Boulanger. A combination that in the early part of the year threatened to overturn the existing government, has now fallen into disgrace. Nearly every person of prominence who espoused the cause of the General, is now making every effort to prove to the public that he was sadly duped, and would never have entered into the alliance if he had known what the other leaders intended to do. One day General Boulanger was a but little known man; the next day he was the head of a dangerous conspiracy, with money raining into his hands; and the next day he was an exile, with the mark of the government upon him. A man of very little ability, his case is the old, old tale. Made and unmade by three women.

Bismarck has found that the European world does still go round, even though he is not at the head of German affairs. The Fatherland has shown him that he is not necessary for a continuation of Germany's prosperity. Emperor William has easily proved his ability to rule without the weighty advice of the Iron Chancellor. Indeed it is even hinted that Germany is more closely united to-day than she had

been for a long time under the rule of Prince Bismarck, the most influential man of the century.

So much for the reactions. Let us now review a few of the actions of the year. Among the nations of the western hemisphere the year 1890 has seen an enthusiastic step taken toward the creation of a lasting international friendliness, and a comprehensive continental policy. Undoubtedly the Pan-American Congress has been the most momentous event of the year, in the whole world. The wisest men count upon this Congress to enlarge the influence of the "English-speaking race over Portuguese and Spanish America for the promotion of the highest ends of civilization."

The diplomatic standard of the United States has been restored to an exceedingly enviable prestige by the very able labors of Secretary Blaine, and our ministers in the numerous foreign capitals. An honorable adjustment of the Samoan controversy has been effected with Germany, and an able Extradition Treaty has been negotiated with Great Britain. The masterly dispatch of Secretary Blaine upon our National Rights in Behring Sea will undoubtedly lead to a satisfactory arbitration of that very troublesome question.

Brazil has overturned her former government and has established one of a republican form, very much like our own. Presidents have been inaugurated in Uruguay, Peru, and Venezuela without political strife or bloodshed.

The governments of Europe have succeeded in partitioning a large part of Africa on paper. The supposed discovery of a cure for consumption, by Dr. Koch, will be, if it proves able to do half of what is claimed for it, one of the most marvelous and beneficial events of the ages.

Italy is fast casting off the unlimited sway of the Catholic Church, and is gradually coming out from under the cloud of superstition that has weighed her down for so long a time. Premier Crispi has received the overwhelming support of the Italians in his many wise plans for a higher civilization, and for an increase of the national influence among the nations of the globe. Russia has renewed her very severe laws with regard to the Jews. Whether such laws are justifiable or not, it can only be said here, that there are two sides to the question. Socialism and anarchy are becoming more and more wide spread, and may yet lead to continental war. for the treatment of her subjects by Russia, a large part of the armaments of the nations of Europe could be gradually done away with.

But

In Turkey the Christians have again been granted those privileges of worship, that have so often been denied, and then, under the influence of England and Germany, re-granted. Japan is making much progress under her modified government. Whether this progress is simply due to the reverence for the power of the Mikado, or whether it is of solid foundation, only the succeeding years can tell. The veneer of civilization of the Japanese must tell greatly against him. In China kowtowing, for foreigners, has been relegated to a back seat, and henceforth the young Emperor is to receive the ministers of foreign powers on a plane of equality. Indeed the young Emperor realizes that the traditional exclusiveness of the Celestial Empire has outlived its usefulness. Siberia has been made known to the outside world by the letters of Mr. George Kennan, and the disgraceful state of affairs there existing has been graphically described.

We have now made a brief review of the

world's history for the last year, and in glancing over that review we must necessarily come to the conclusion that, though there has been more than the usual amount of time and energy wasted upon useless and degrading schemes, the ever increasing successful efforts in the line of higher and truer civilization will make the year just past ever memorable in historical and political science. The world has every reason for returning generous thanks to Almighty God for the manifold blessings He has so graciously bestowed upon it.

THERE is no member of the State Senate, to whom more credit is due, for the introduction of measures calculated to give better government, than Senator Charles T. Saxton, the author of the Ballot-Reform Law. Although the Legislature has scarcely settled down to work for the year 1891, Senator Saxton has already proposed a measure which, to our minds, would prove a blessing to the public. The bill provides for an amendment to the Constitution, the effect of which will be to throw all contested election cases into the courts, instead of making the legislature the sole judge of the credentials of its members. In the National House of Representatives, as well as in different state legislatures, we have lately had striking illustrations of how a political party, having a slight majority, can increase its strength by unseating members of an opposite party-oftentimes on the most unwarrantable grounds possible. In this respect one of two principal political parties is no worse than the other-we have instances where the Democrats have turned out Republicans, most unjustly; and again, we have only to look at the present Congress to find the converse of

this statement. We can hardly look for a cessation of these wrongful acts until the settlement of contested elections is elevated to the courts, rather than being left with the different legislative bodies. For this reason we believe that the adoption of Senator Saxton's proposition would have a salutary effect.

IN the appointment of the Hon. Henry B. Brown, of Detroit, Michigan, to the Bench of the Supreme Court of the United States, President Harrison has added a lasting laurel to an administration that has been rich in history-making events. A graduate of both Yale University and the Harvard Law School, Justice Brown but bears testimony to the benefits derived from these institutions. A man of close study and extensive reading, of great resources and knowledge, he is eminently suited to sit upon the highest bench of his country. Justice Brown will go very far toward filling the place of that ever memorable man to whose place he succeeds. The dignity and authority of our Supreme Court retains its high standard by the addition to its membership of this capable and distinguished gentleman.

THE attention of the members of the Middle Class is called to the two excellent tables on Evidence, by Professor Chase, in the February number of the TIMES for 1889. These tables will be found to be of very great service in a review of Stephen and Greenleaf. A copy of the tables may be seen on the bulletin board. These tables are not now given by Professor Chase; consequently they will not be published in the TIMES for this year. Copies may be had of Mr. Auborn.

ARTICLE 3. Note 1, p. 7. Recent interesting cases illustrating the doctrine of res gestæ are 121 U. S., 637; 119 U. S., 99; 101 N. Y., 126; 103 N. Y., 626. Declarations made "immediately after" the transaction were held admissible in 129 Pa. State, 113; 72 Iowa, 583, but not in 144 Mass., 148). So statements made very soon after the occurrence to which they relate, at the very place of its occurrence, were deemed admissible (97 Mo., 165). But declarations made a few minutes after the occurrence were held not admissible in 69 Cal., 533; 58 Mich. 156; 51 N. J. Law, 182.

ARTICLE 4.

Declarations of conspirators, to be admissible against each other, must be made in execution and furtherance of the common enterprise. If not made until after the conspiracy is at an end, they are not admissible (110 N. Y., 285).

ARTICLE 9.

Note 3, p. 23. It has been lately held in N. J. that the resemblance or nonresemblance between a child and its alleged resemblance between a child and its alleged father, both being present in court, may be considered by the jury (50 N. J. Law, 490). But the contrary has been held in 81 Me., 348.

ARTICLE IO.

Note 2, p. 25. Where a woman was tried for the murder of her brother-in-law by poison, it was held that evidence might

be admitted of facts tending to show a plan or scheme on the prisoner's part to obtain the payment to herself of the lifeinsurance money upon his life, and that therefore evidence was admissible to prove that the life-insurance policy had been taken out for the benefit of the brother-in-law's wife; that the wife had died from poison given to her by the prisoner; that the prisoner had then had the insurance policy made payable to herself; that after this the husband had been induced to come and live with the prisoner; and that shortly afterwards he had died from poison (146 Mass., 571; 107 N. Y., 427).

ARTICLE II.

Note 2, p. 28. In proving fraud, evidence of similar fraudulent acts at or about the same time is admissible (117 U. S., 591). So as to forgery, (104 N. Y., 591. See also 107 N. Y., 13 and 32). Note 2, p. 32. It is now held in N. Y. that while groans, outcries, and exclamations showing existing pain, may be proved by those who heard them, yet the mere declarations of the party in

jured, made some time after the injury, simply to the effect that he is suffering pain, are not competent evidence. It is conceded, however, that the common-law rule admitted such evidence, and the reason given for changing the rule here is, because parties are now competent witnesses. The common-law rule is, however, still followed in other States (105 N. Y., 294; 109 N. Y., 408).

ARTICLE 12.

As good illustrations of the rule that prior wrongful acts showing a systematic course of conduct may be proved, see 119 Mass., 354; 14 R. I., 270; 146 Mass., 571.

ARTICLE 14.

Note 2, p. 38. A recent decision in the N. Y. Court of Appeals speaks of the English rule as being law in this Statenamely, that the declarations of a deceased subscribing witness of a will may be proved to impeach the execution of the will (119 N. Y., 615). The law of Mass. is to the contrary (139 Mass., 164.)

ARTICLE 16.

Note on p. 40. The acceptance and retention of an account without objection, although tending to establish an admission of its correctness, is not conclusive. It may be met by proof of mistake undiscovered while the account was so retained, and the question then becomes one of fact for the jury (90 N. Y., 227). When a bill or answer in equity, or a pleading in an action at law is sworn to by the party, it is competent evidence against him in a suit as an admission by him of the truth of the facts stated. Even if averments be made on information and belief, they are admissible in evidence, though not conclusive (115 U. S., 363). So admissions in pleadings in any action are always deemed to be in evidence in the same

action and may be commented upon by opposing counsel in his address to the jury, though he has not formally put them in evidence before making such comments (121 N. Y., 461).

Note 1, p. 43. The declarations of a former owner of land, made before or after the time when he held the title, do not bind his successor in interest (98 N. Y., 56; 129 U. S., 387). The declarations of the ven

dor of personal property, made after delivery of the property to the vendee, but on the same day and fairly forming part of the res segesta, are admissible to show intent to defraud the vendor's creditors by the sale, if it is also shown by independent evidence that the vendee shared the intent to defraud with the vendor (116 U. S., 609, and 161. See also 110 N. Y., 195; 111 N. Y., 278).

ARTICLE 17.

Note 1, p. 45. Evidence of the declarations of an agent as to past transactions of his principal is inadmissible as being mere hearsay (119 U. S., 551). Thus the declarations of the engineer of a train, which met with an accident, as to the speed at which the train was running when the accident happened, made between ten and thirty minutes after the accident occurred, is not admissible in evidence against the company in an action by a passenger to recover damages for injury caused by the accident (119 U. S., 99; 121 U. S., 637).

Note 2, p. 45. If one member of a firm has a transaction which is neither apparently nor in reality within the scope of the partnership business, the firm is not bound by his acts or declarations in the transaction, and such declarations are not evidence against the firm or the other partner (102 N. Y., 336).