close allies she has none. Russia, the United States, he rarely rises outside the interest of his own town or village. He is never honest, as we count that virtue, never truthful, and never industrious or persevering. This is his dark side, but it is with that we are concerned. The two points which are most inimical to progress are, as already indicated, the lack of unity and the lack of persistence. The Malay is the laziest of Orientals, and the Filipino is not the least lazy of Malays. The Malay, in short, is a creature of limitations. Mr. Colquhoun relegates Germany to an altogether secondary role in his book, placing in her stead Holland, on account of what one of her literary men, who desired the late King William III, But the Filipino is not a pure Malay; he is so to assume the title of Emperor, called the island heterogeneous as to defy classification. The prinIndia, 'Insulinde." But, however puzzling the cipal elements in the mixture are Spanish and policy of the German Emperor in China, there can Chinese. The Chinese half-breeds are the most be no doubt that if a transference of the Dutch brainy and puzzling members of the population, and East Indies is to be made in the future, they will form a large proportion of the insurgents. The go to Germany, not by conquest but by the acces- Chinese character is so involved," says Mr. Colqusion of the Netherlands to the German confedera- houn, "and so impossible to generalize, that it is tion, on the footing of Bavaria, not willingly per- difficult to suggest the possible modifications it haps, but under the pressure of international com- would make in the Malay; but when we remember plications in which a small and weak nation cannot the strong conservatism of the Chinese, and their retain its independence of action and survive with-intense superstition, we cannot be surprised at the out loss. The possible complications in South prominence of these two qualities in their Filipino Africa, once Holland has become a partner in the descendants. Some of the traditions current in the great German Empire, come not within the scope of Philippines, for instance the idea that mines could present considerations. The prophecy that England not be opened without the application to the will ultimately lose the Cape, whatever the outcome veins' of an unguent composed of old women's of the present war, assumes new significance in this eyes, and a report, as late as 1830, that children light. were to be seized, that their blood might water the gold and silver mines of Spain - these are characteristically Chinese." Mr. Colquhoun doubts very strongly the success of the education we are going to give to the Filipinos, and bases his doubt upon the characteristics and possibilities of the Malays, as revealed hitherto in their relations with Europeans. The Malay has undoubted charm. He is bright, hospitable, has a certain tenderness of heart and possesses, in general, the fundamental traits that make the gentleman the world over. He is easy to rule, so long as he recognizes his master, is brave, but superstitious. He also has, in fullest measure, the defects of his qualities. Experience has taught one thing: he degenerates when brought under the influence of Western civilization, losing some of his primitive virtues, and failing to acquire others that require the exercise of reason and discipline. Continuing his analysis of the Malay character, Mr. Colquhoun says: The Spaniards have made a double impression upon the Filipino, by intermarriage and government. From them the Filipino has a certain grandiloquence, words without thought, but strangely deceptive as an indication of mental faculties. The intellectual subtlety of the Latin has also been curiously grafted onto the simplicity - which is not stupidity of the Malay. The result is a peculiar leaning toward abstract ideas, a love of the purely theoretical side of learning, with a corresponding inability to apply those theories, which are to them things apart from real life-things they have learned or read, and not evolved from life itself. They begin with the abstract, and fail to work down to the concrete, instead of taking the concrete and so, through circles of thought, reaching the abstract." "Other deficiencies in their mental and moral Mr. Colquhoun believes that we are in too much equipment are a lack of organizing power. No of a hurry to bestow upon the Filipinos the benefits Malay nation has ever emerged from the hordes and blessings of our civilization. He holds that it of that race which have spread over the islands of will take more than two generations to create the the Pacific. Wherever they are found they have new Filipino, and observes, very pertinently, that certain marked characteristics, and of these the we must not forget that our brown friend in the most remarkable is their lack of that spirit which islands must, first of all, unlearn a great many goes to form a homogeneous people, to weld them things taught him by his Spanish masters. The together. The Malay is always a provincial; more,book is beautifully printed and copiously illustrated. Manual of Wills. By G. F. Tucker. Boston: G. B. sides of the Atlantic. The author's thesis, by which Reed, 1902. The legal profession will receive with satisfaction the announcement of the second edition of G. F. Tucker's Manual Relating to the Preparation of Wills." It contains all that may be required to point the way for proper preparation of a will and also presents important rulings of the court in questions opened by wills. The last edition embraces the decisions included in volume 178 of our reports. Chapters bear the same titles as those of the original work with an added chapter entitled 'Reasons for Making a Will," where a will may be made, touching its effect upon property in other jurisdictions. Although a book on Massachusetts law, there are numerous citations from English authorities and courts of other States. An appendix contains many new forms for wills. A full table of cited cases is given with an exhaustive index of the book's contents. The well proved utility of the first edition to the legal profession is guarantee for the revised manual's value with its copious and carefully prepared additional features. he explains the dominant principles of western civilization, and which is in turn explained by those principles, is that progress has come, and is to come still more in the future, by the gradual substitution of the future for the present as the ascendant element in human thought. "Through the middle ages and down into the last century was presented the antithesis of a church whose whole teaching was of the things of the future dominating and embracing a secular state whose gaze was fixed on the present. Out of this conflict has emerged the consciousness of the need to separate church and State, in order that the former may have full freedom to align its practices with its professions and point its adherents to the future without obstacle or contradiction. Now the task of the time is to bring the political and economic activity of the world up to the same high level of ideal and action; to purge all human thought of the base utilitarianism that regards only the wants of to-day. That way lies progress and growth; any other way is degeneration and death." Mr. Kidd claims that the true meaning of evolution has not really been apprehended hitherto, even by Darwin or Wallace, Audrey. By Mary Johnston. Boston: Houghton, Wessmann or Romanes. The author thus states Mifflin & Co., 1902. In her latest work which, it will be remembered, had its first publication serially in the Atlantic Monthly, the author of "To Have and To Hold" and Prisoners of Hope," has made a distinct advance upon her previous efforts in the line of fiction. She has deliberately forsaken pure adventure for romance, and is to be commended for the step. In Audrey will be found a valuable addition to the gallery of pictures of the social life in colonial America in the seventeenth century; the background of the colony and its people is to our mind far better done than in either of her previous works. On the other hand, neither Audrey, the heroine, nor Haward, the hero, is likely to endure in fiction because they are more literary than living. The plot, too, seems to us inadequate for so long a novel. While making these criticisms, we are free to say that there is about the book a certain indefinable charm, a graceful poetic style and a beauty of diction that place it far above the average historical novel of the present day. Though, in our opinion, not a great work, it is fully worthy of the talented author's reputation,- a fit companion for her previous books. Principles of Western Civilization. By Benjamin Kidd. New York: The Macmillan Co., 1902. Mr. Kidd's work, which is the first volume of a system of evolutionary philosophy, has created much favorable comment among scholars on both the dividing line between the old and the new thinkers: 'When we look at the statement of the law of natural selection as Darwin left it, it may be perceived on reflection that there is a consequence involved in it which is not at first sight apparent. It is evident that the very essence of the principle is that it must act in the manner in which it produces the most effective results. The qualities in favor of which it must in the long run consistently discriminate are those which most effectively subserve the interests of the largest majority. Yet this majority in the processes of life can never be in the present. It is always of necessity the majority which constitutes the long roll of the yet unborn generations." It is to America, Mr. Kidd holds, that we must turn if we wish to see the last word in the evolution of society "writ large." The author has given profound thought to the problems before him and has produced a fascinating study that is certain not only to interest the scholar and student, but to make them think for themselves. The Second Generation. By James Weber Linn. New York: The Macmillan Company, 1902. This is what may be termed a newspaper story." The action takes place in Chicago, and the motive is the mission given to the hero by his father to pursue and bring to justice a notoriously corrupt politician who has assaulted and virtually killed him, his death being due to heart failure superinduced by a heavy blow received during a quarrel. This occurs in a far western town. From this circumstance the book takes its title. The story of the young man's relentless pursuit of the "boodler," his early struggles in Chicago newspaperdom, his love affair with the daughter of the man whom he is pursuing (her identity, of course, remaining unknown to him until the end), his own conviction and incarceration in State's prison after conviction of the charge of robbing the "boodler" of a pocket-book containing incriminating evidence of his purchase of votes of legislators - all this is told exceedingly well. The style is admirably graphic and remarkably intense. Many a past master of the art of story telling might have done inferior work to this. The interest in the develop ment of the theme never flags for a moment; the sense of proportion and of perspective is admirable. For a new writer, as we believe Mr. Linn is, it is remarkable. Still he undoubtedly can do even better, and we believe he will. Kate Bonnet. By Frank R. Stockton. D. Appleton & Co. New York, 1902. 66 In this story of a good, quiet West Indian planter who would be a pirate and scourge of the seas, the author of Rudder Grange" has given still another proof of his remarkable versatility. Whether intended as a satire on the current school of romantic fiction, or meant by the author to be taken in all seriousness, the book is equally good reading. Mr. Bonnet, Kate's father, is as bloodthirsty and terrible as even the most jaded reader could wish. A thorough landsman, ignorant of even the rudiments of seamanship, he yet rules his villianous crew and his ferocious sailing master even as in the dime novels of long ago the youthful hero ruled the bands of stalwart brigands. Some of the minor characters are excellent, particularly the faithful Scotchman who is deeply concerned for the soul of his master and follows him with doglike faithfulness. Kate is a delightful creation with | how he outgrows her mentally and morally, and finally discovers that her ideals are fundamentally cheap, is told with skill, rare skill. Still he loves her. She, cold and calculating, makes a loveless marriage for money, but is really unhappy. She craves love. At length Jack finds her unfaithful to her husband and utterly unworthy. He goes to Iowa with a college chum, wins a great lawsuit and at last finds and marries the girl of his dreams. The story is admirably told, with many exquisite touches of the true artist. Particularly noticeable is the skill shown in keeping the interest centered about one character. Literary Notes. Henry James, who has been ill at his home in Rye, is now better, and has just finished correcting the proofs of his new novel. Charles Major's new novel, Dorothy Vernon of Haddon Hall, will be published about the middle of April by the Macmillan Company. Andrew Carnegie's new book will come from the press of Doubleday, Page & Co. some time in April as a sort of sequel to his "Gospel of Wealth." Hall Caine has recovered from a severe attack of influenza and is hard at work again. He is, as yet, however, undecided as to what publisher's offer he will accept for his new novel. 66 The original MS. of Stevenson's Child's Garden of Verse" is for sale at $1,800. It contains many variations from the printed text, and some poems which are not to be found in the published volume. A collection of 105 letters in Charlotte Bronte's handwriting is held for sale in Edinburgh at the comfortable sum of $2,250. This is within $250 of the whole sum paid for the copyright of "Jane Eyre." A story of a love that runs by no means smoothly is woven into Owen Wister's new book, The Vir whom the reader is sure to fall in love. As a story ginian: A Horseman of the Plains. The hero is a young Virginian in the cowboy life of the West. The Macmillan Company will publish the book in April. of adventure Mr. Stockton's latest work is thoroughly enjoyable and is certain to have a wide reading. Messrs. A. C. McClurg & Co. announce that a The Real World. By Robert Herrick. The Mac- fourth volume is to be added to their successful millan Company, 1902. Southern Sketches" series this Spring. Previous volumes were devoted to Georgia, Tennessee and South Carolina, and in the new work Dr. Samuel Minturn Peck has described the people of Alabama through the medium of a collection of short stories. Dr. Peck is a native of the State, and should be able to handle the local color with considerable deftness. 'The Opponents" is a new novel by Harrison Robertson, author of "Red Blood and Blue," and "The Islander," to be published soon by Charles Scribner's Sons. The story deals with latter-day politics in Kentucky. The opponents, who encounter each other's rivalry in love as well as in the contest for election to congress, are said to be dramatically contrasted. "Lady Rose's Daughter" is the title of Mrs. Humphrey Ward's new novel, which will begin in the May "Harper." According to the first installment, which has just reached Harper & Brothers, the scene is laid in the England of to-day, while the interest centers around a young girl whose gentle nature rebels against British society "as she is found" in town and country. Friends of William Allen White will regret to learn that his ill health has compelled him to suspend all literary labors, and, in fact, to abandon work altogether. This will necessitate the postponement of the volume of Political Portraits which Messrs. McClure, Phillips and Company announced for spring publication. Mr. White has gone to the Pacific coast to rest and recuperate. This is Mrs. Latimer's first book of fiction, but the readers of her admirable Nineteenth Century Series need no assurance of her ability to write in a most interesting manner. The book will be published by A. C. McClurg & Co., Chicago. Lippincott's April Magazine publishes as its complete novel a love story of the West Indies by John S. Durham, Ex-Minister to Hayti and Santo Domingo. The setting of "Diane, Priestess of Hayti," is, therefore, drawn from sight, while the plot shows a marvellous imagination. Diane," a native beauty under the dominion of a priest, aspires to learn to "make the cures and become the people's idol. But she has given her heart to a young soldier who detests Voodooism, so her love pulls her one way and her ambition another. The story is one of fascinating intrigue, and the scenes of foreign society life in Hayti particularly interesting. In addition to the complete novel the April Lippincott contains several admirable short stories: "Billy Baxter's Holiday," by the witty Irishman, Seumas MacManus, is as full of humor as anything he has done. The holiday is spent in New York, where Billy's queer Irish ways cause his sister-in-law much uneasiness. General Charles King contributes to the April Lippincott his latest This is a tale of the draft in the Civil War. "And Other Considerations," by Mary Catharine Hews, is a pathetic story with a humorous side to it. In an article on Ulysses, in the Outlook, evidently from the pen of Hamilton W. Mabie, he character-military love story, called "Like Father, Like Son." izes Stephen Phillips's work in a striking passage. He says that the poet "has presented a very charming picture of the antique world of mythology and of the Homeric time, and has fashioned a piece of art which is like a finely-wrought cup of refreshment for those who thirst for beauty in an age when beauty seems to be only a secondary interest." Legal Notes. The fact that at the time of signing a note the maker is voluntarily intoxicated, to the extent that he cannot give proper attention to it, is held, in Wright v. Waller ([Ala.] 54 L. R. A. 440) not to render the note void. During the present session of congress, The Saturday Evening Post, of Philadelphia, will contain bi-weekly articles on national affairs by the former Postmaster-General, Honorable Charles Emery Smith. In Men and Measures at WashingA written promise of a married woman made in a ton Mr. Smith will discuss the great legislative and foreign state where it is valid is held, in Thompson v. diplomatic questions of the day, explaining the Taylor ([N. J. Err. and App.] 54 L. R. A. 585) to be news of the week and giving a clear presentation | enforceable in New Jersey, although it would be void of national policies and politics. Mr. Smith's long familiarity with public affairs, his shrewd political insight and his brilliant literary style combine to make these papers of unusual interest. Possibly everyone may not remember that Louis XV had a young cousin - a more or less scapegrace prince, but a most fascinating character called Rinaldo D'Este. This young adventurer had a particularly romantic career, but up to the present time has not appeared in fiction. However, that excellent historian, Mrs. Latimer, knows her France too well to leave such promising material neglected, and under the title of "The Prince Incognito," is to give us a novel based upon his adventures. if made in the latter State. The ALBANY LAW JOURNAL has received from Secretary S. W. Bennett, of the Ohio State Bar Association, a copy of the proceedings of that Association for 1901. It is a very interesting volume, particularly to the legal profession of Ohio, and is gotten up in excellent style. A woman suing to recover damages for the negligent killing of her husband, for the benefit of herself and her minor children by him, is held, in Kolb v. Union R. Co. ([R. I.] 54 L. R. A. 646) not to be compelled to testify, on cross-examination, to the fact that she has given birth to an illegitimate child since his death, for the purpose of affecting her credibility as a witness. A statute authorizing the State board of health to revoke a physician's license for grossly unprofessional conduct likely to deceive or defraud the public, without fixing any standard by which such fact shall be determined, is held, in Mathews v. Murphy ([Ky.] 54 L. R. A. 415) to be void. Upon the trial of an indictment for conspiring to commit murder, the fact of defendant's intoxication at the time of the commission of the offense is held, in Booher v. State ([Ind.] 54 L. R. A. 391) to be properly considered by the jury as bearing upon the existence of the felonious intent necessary to render him guilty. An agreement that, for a pecuniary consideration, a person will withdraw opposition to the granting of a pardon, and will endeavor to induce the pardoning authority to grant a pardon to one who has been convicted of a crime, is held, in Deering & Co. v. Cunningham ([Kan.] 54 L. R. A. 410) to be against public policy and void. The United States Supreme Court has decided, in the case of the City of Detroit v. The Detroit Citizens' Street Ry. Co., in favor of the defendant, declaring invalid the ordinances reducing fares from five to three cents. The original ordinance making the fare five cents is held to be in the nature of a contract which could only be abrogated with the consent of the defendant. The accidental shooting of a man upon a highway by an employe in a slaughter-house, who was shooting at dogs that had caused annoyance and trouble about the place, is held, in Cleghorn v. Thompson ([Kan.] 54 L. R. A. 402) not to render either employer or employe liable, as the shooting of the man was entirely accidental, and was due to the deflection of the course of the bullet in some manner, except for which it could never have reached the highway. Riparian owners along a stream of water, the flow of which has been diverted from its natural channel, or obstructed by a permanent dam, which has continued for the time necessary to establish a prescriptive right to perpetually maintain the same, who have improved their property in reliance upon the continuance thereof, are held, in Kray v. Muggli ([Minn.] 54 L. R. A. 473) to acquire a reciprocal right to have the artificial conditions remain undisturbed. Judge Love, of the County Court of Center county, Pa., rejected the application for a charter for the First Church of Christ, Scientist, of Howard. In his memorandum giving the reasons for his refusal, he says: "Were the propagandism they advocate at all reliable, then it should be followed by certain definite and beneficial results at all times. When such results follow their profession of faith, then they may have some right to denominate themselves Christ Scientists,' and when such results follow, then will flesh and blood cease to be mortal and will be ren So far as dered spiritual and immortal. * the practical results of their claims to Christian Science are concerned, we can, from its results, view it only as a species of charlatanry that is more harmful to society than beneficial, and that rather deserves the ban of the law than its encouragement and protection." By the death of Mr. James Bradley Thayer, professor of law at Harvard University, America has lost one of its most learned and gifted legal writers. He was the author of many valuable works devoted to the science of law, one of the latest being his scholarly treatise on Evidence at the Common Law"- a work showing a minute acquaintance with early English legal history and procedure. Professor Thayer was also a recognized authority on international and constitutional law. One who signs a promissory note in the name of another, by himself as attorney in fact, but who, to the knowledge of the payee and a subsequent indorsee has no authority to use the other's name, and who refuses their solicitation to sign his own name and bind himself personally, is held, in Kansas National Bank v. Bay ([Kan.] 54 L. R. A. 408) not to be liable upon the note as his contract, although it is given in a transaction of his own, and the name signed to the note is generally used by him as a trade-name. So-called common-law marriages are illegal, according to the decision of the Supreme Court of Appeals of this State. The opinion, written by Judge Cardwell, was given in the case of Offield v. Davis, appealed from the Circuit Court of Greene county, and the lower court's decision was affirmed. The question presented in this case for the first time before the court was whether or not a contract proved to have been entered into between a man and a woman, by which they mutually agreed to become husband and wife, without any celebration and without license, constituted a valid marriage in this State and entitled the woman to dower interest from the time the agreement was entered into. Henry Hitchcock, aged seventy-one years, one of the leading lawyers of St. Louis and brother of the 1902, at his home in St. Louis, Mo., of heart failure. secretary of the interior, died Tuesday, March 18, Secretary Hitchcock was at the bedside when his brother passed away. Mr. Hitchcock was born in Mobile, Ala., but the family moved when he was a child and he graduated from the University of Tennessee. After graduating he went to Yale for two years. Later he studied law and was admitted to the Missouri bar in 1851, but instead of beginning the practice of law he became assistant editor of the St. Louis Intelligencer, a national Whig publication, after a year returning to the law business. He joined the Republican party and took an active part in the national canvass of 1860. During the civil war Henry Hitchcock was assistant adjutant-general of volunteers and judge-advocate in Sherman's army |