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THE INDIVIDUAL DELINQUENT

A Text-Book of Diagnosis and Prognosis for
All Concerned in Understanding Offenders.

BY WILLIAM HEALY, A. B., M. D. Director of the Psychopathic Institute, Juvenile Court, Chicago, Associate Professor Mental and Nervous Diseases, Chicago Polyclinic.

This volume is the result of five years' study and investigation by the Juvenile Psychopathic Institute of Chicago. The part played by heredity, disease, mental abnormality and environment in the production of criminals is clearly shown, and the best method of study and diagnosis indicated. IT IS THE FIRST TEXT-BOOK ON A VITALLY IMPORTANT SUBJECT.

862 Pages. 8vo. Cloth. $5.00 Net.

PATHOLOGICAL LYING,
ACCUSATION AND SWINDLING

A Study in Forensic Psychology.
BY WILLIAM HEALY, M. D., AND MARY TENNEY HEALY,
This book is the first of a series of Monograph Supplements to the Journal of
Criminal Law and Criminology which is published in Chicago as the official organ
of the American Institute of Criminal Law and Criminology.

286 Pages. 12 mo. Cloth, Price $2.50 Not.

LIMITATIONS ON THE
TREATY-MAKING POWER
Under the Constitution of the United States.

BY HENRY ST. GEORGE TUCKER, LL. D.
Formerly Dean of the Law Schools of Washington and Lee University, and George
Washington University, Washington, D. C. Editor of Tucker on the Constitution.

8vo. Cloth. $5.00 Net, Delivered.

EVOLUTION OF LAW.

Select Readings on the History of Legal Institutions.
Compiled by Albert Kocourek, Professor of Jurisprudence in Northwestern University

and John H. Wigmore, Professor of Law in Northwestern University.
In Three Octavo Volumes, containing nearly 2,500 pages, bound in cloth.

Volume 1. Sources of Ancient and Primitive Law.
Volume II. Primitive Social and Legal Institutions.
Volumo Ill. Formative Influence of Legal Development.

Price for Set, $12.00 Net.

Little, Brown & Company

PUBLISHERS

34 Beacon Street, Boston

Central Law Journal. ularity with certain business interests. "Ten

years ago," says the New York Evening ST. LOUIS, MO., JUNE 9, 1916.

Il'orld, "the nomination of Mr. Brandeis

to public office would have been received LOUIS D. BRANDEIS, ASSOCIATE JUSTICE with universal favor. He had been grad

SUPREME COURT OF THE UNITED uated with great honor at the Harvard Law STATES.

School. In 1890 he was made a member of

the committee appointed by the Board of Probably no more popular appointment

Overseers of Harvard University to visit to the Supreme Bench has ever been made

the Law School and, indeed, has been conthan President Wilson's nomination of

tinued in that position ever since that time, Louis D. Brandeis of Boston, which was

and in 1895 he was elected to honorary confirmed by the Senate, June 1, 1916.

membership in the Phi Beta Kappa. These Unfortunately for the prestige of the

honors would not have been conferred upon legal profession, many of its leaders were

him had not his reputation at that time been found publicly opposing confirmation, with

conspicuously good.” the result that editorial comment in the pub- There can be no doubt that few lawyers lic press following confirmation has been

in this country are intellectually better qualanything but flattering to the profession.

ified for the performance of the duties of Louis Dembitz Brandeis was born at supreme judge than Mr. Brandeis. With a Louisville, Ky., Nov. 13, 1856.

He was

keen, analytical mind which goes right to graduated from the Harvard Law School

the heart of a problem, he should be able in 1877 and immediately began the practice greatly to assist the court in getting at the of law in Boston. His practice has been important issues of a case.

He is a great lucrative, first as the junior member of the diagnostician of legal and sociological probfirm of Warren & Brandeis and later as lems and everyone who has read his books senior member of the firm of Brandeis, is enthusiastic over the perspicuity of style Dunbar & Nutter.

and argument that reduces the most abWho's Who for 1915 states that the pub- struse problems to the simplest terms. lic activities of Mr. Brandeis, which brought

Mr. Brandeis will greatly increase the him public notoriety, began in 1906 when prestige of the highest court in the world. he began his attacks upon the New Haven

Beside being, according to the late Chief monopoly. Thereafter followed in rapid Justice Fuller, one of the keenest legal succession his appearance for Mr. Glavis in

minds that ever practiced before that tributhe Ballinger-Pinchot investigation; his ap- nal, he is a man in deep sympathy with the pearance in behalf of shippers in the ad

needs of the people who toil. His practice vanced freight rate investigation before the has frequently led him to oppose corporate Interstate Commerce Commission; and his

wealth and vested interests, in seeking to appearance as counsel for the people in

procure justice for those who demanded a proceedings involving the constitutionality larger share of the wealth they had creof Oregon and Illinois women's ten-hour

ated and greater comforts in the duration law. His settlement of the New York

and conditions of their daily labor. Mr. Garment Workers' strike in 1910 increased

Brandeis has also been known as the chamhis popularity, and his report as chairman pion of public rights as against the great of the arbitration board displayed thorough public service corporations and here understanding of the conditions under

again he has accomnliched much.

only been born of sincere convictions, but has been tempered by his careful regard for the rights of others. Mr. Brandeis never permitted the apparent or superficial logic of his contentions to carry him to extremes; he never exaggerated. For this very reason he became the most dangerous opponent of those who sought to hide their schemes to rob the public behind approved institutions of commerce such as our great railroad systems. On the other hand, the great public service corporations who are trying honestly to serve the public and to secure legitimate returns on their investment should find in Judge Brandeis a powerful protector and friend.

The country is to be congratulated that after an ordeal that few men could have stood so successfully, the nomination of Mr. Brandeis has at last been confirmed. Any other result would have been a public misfortune, since it would have aroused suspicion, however untrue and uniair such suspicion might have been, that big business and ultra-conservatism had succeeded in defeating a man whose only offense seemed to be that he had espoused the public interests too ardently.

A. H. R.

notice to it, in view of its relation to the initial carrier, should operate as notice to the iatter. This interpretation treats the stipulation as designed to be fair to both shipper and carrier, permits it to serve a useful purpose, and gives due effect to the statute under which it was issued. True, the words 'said carrier' in the stipulation, if read only in connection with an introductory sentence in the bill of lading, would seem to refer to the initial carrier alone, but when they are read in connection with the statute and other parts of the bill of lading, including the provision that its terms and provisions 'shall inure to the benefit of' any connecting carrier, it is apparent that they embrace the Carrier making the delivery as well as the initial carrier, especially as the former is, in legal contemplation, the agent of the latter."

This decision is important, chiefly as showing an exception to the rule of printed contracts, and especially those of carriers, as to whom the courts have ruled individuals of the public do not deal with them at arm's length, and they are construed most strongly against the pro. posers of the contracts.

Justice McReynolds, with whom concurred Justice McKenna, dissented from the conclusion, among other grounds on that above noticed, and he thought that the bill of lading followed an old form adopted prior to the Carmack amendment and its construction was not to be influenced thereby,

On its face, the bill of lading seems unambiguous, and there is no doubt it could serve as well for the benefit of a connecting as an initial carrier, but it would not protect either as fully as were the notice to be given to the latter, as the deliverer at destination.

NOTES OF IMPORTANT DECISIONS.

COMMERCE-NOTICE OF LOSS TO INITIAL OR CONNECTING CARRIER. In Northern Pac. Ry. Co. v. Wall, 36 Sup. Ct. 493, it was held that where it was stipulated in a bill of lading for a through shipment, that notice of loss was to be given to "said railroad," meaning, literally, the initial carrier, as a condition precedent to the bringing an action for loss or damage to the shipment, this meant notice either to it or the connecting carrier.

The Supreme Court of Montana liad held that the requirement of the stipulation for notice to an agent of the initial carrier, was unreasonable, as it had no agent at the point of destination and plaintiff, therefore, was not bound to comply.

The Federal Supreme Court said: “It seems plain that the stipulation (in the bill of lading) meant and contemplated that the notice might be given at the place of destination to an officer or agent of the connecting carrier, and that

BILLS AND NOTES-QUALIFYING WORDS AFECTING NEGOTIABILITY.--In Snelling State Bank v. Clasen, 157 N. W. 643, decided by Minnesota Supreme Court, a brand new question seems suggested. While many cases are cited in the opinion of the court, none seems to embrace the precise facts involved.

In this case the note in question was, on its face, in perfect form as a negotiable instrument. On the back of the note and above the name of payee's indorsement appeared the words, "As per contract.” There was an agreement between original parties for a rescission and return of the note at the option of maker in a certain contingency.

The court very rightly held, we think, that the delivery of the note was not conditional, but the question remained, whether the words “as per contract” affected negotiability.

Several cases are instanced of words not giving notice of possible references to a collateral

agreement, but none with the precise words in for its clientele, particularly the collection this note. The nearest case we find is a re- of the check. This is due to the increasing cital on the face of the note, “Value received popularity of the check as a medium of as per contract,” but we think the words “value received” differentiate the two cases. Natl.

payment and of the growth in the domestic Bank v. Wentworth, 218 Mass. 30, 105 N. E.

business of the United States. In fact, the 626. The same may be said where the words average small deposit almost always ininserted were "on account of contract.” Bank cludes an out-of-town item and the deposits v. Lightner, 74 Kan. 736, 88 Pac. 59, 8 L. R. A.

of the manufacturing, mercantile and other (N. S.) 231, 118 Am. St. Rep. 353, 11 Ann. Cas. 596.

large business enterprises are largely made These statements could only mean a notation

up of checks, payable at a place other than for the benefit of the maker as between him in the city or town where deposited. and payee so far as possible dispute might To effect the collection of such a volume arise. There is a plain admission of the suf

of business is quite a practical problem and ficiency of the contract as a consideration.

necessitates the establishment of separate Simply, however, to say, "per contract,” is ambiguous, to say the least. It leaves something departments in most banks for taking care open to be inquired about, and its place on the of the same." note is to give notice to others. It is not an The legal question involved, however, is expression of satisfaction with the considera

this: what agency shall the bank (with tion, in an absolute way.

which the check is deposited) use to collect But does the placing of these words on the back of the note make any difference, so far as

the instrument so as to guard itself from liasubsequent purchasers are concerned? If there bility in the event of the failure of the for a purpose, who could be affected? Certainly agent to duly collect or account for same? if one takes with notice of a condition to ab

Prior to considering this question it is imsolute liability, he is not a purchaser for value

portant to determine a further inquiry : viz., free from defenses. The indorsement of these

In what branch of the law does this inquiry words to have any effect at all must carry some obligation of inquiry. The very fact of arise? Do the rules of negotiable instruan indorsement having any super-added words ments apply or do the rules of agency govitself challenges inquiry. It is laid down, that

ern the case? The distinction between the the only thing necessary is to indorse a name

bank as a holder, and the bank as an agent and the law deduces the result. If you add to this, a purpose must be presumed.

is a vital one and fraught with difference as to the legal liability entailed.

To illustrate: A bank receives a check THE BANK AS A COLLECTING

payable to and endorsed by X in payment AGENT-DUE CARE IN THE SE- of an obligation owing to the A bank. The LECTION

instrument is drawn on the Z bank of Joliet,

Illinois. The check is sent to the Y bank of The activities of the modern bank differ Joliet for collection, and is duly presented widely from activities exercised by the old and proceeds paid to the Y bank which fail: time banker. The banker of thirty or forty without remitting the amount collected. years ago was a banker in the strict sense If the relationship between X and the of the word; viz., he received deposits and bank be that of endorser and holder X is made loans. Modern banking activity, how-discharged, as the ordinary steps necessary ever, necessarily entails the performance of to charge an endorser have not been taken, duties which were negligible some years and, furthermore, as to the drawer, the inback.

strument is paid. In either view of the The particular activity of a bank that has situation the toss falls upon a bank. Howrisen to an important plane during the last ever, if the legal relationship be that of fifteen or twenty years, and which is con- principal and agent, the bank as agent can stantly assuming more important propor- (1) The Federal Reserve Act recognizes the

importance of this branch of a bank's activity. tions, is the collecting of negotiable paper (2) The correct view.

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