Messrs. Charles Scribner's Sons are soon to publish, without previous serial publication, a novel of the civil war by Mr. George W. Cable, "The Cavalier." The importance of this announcement need not be emphasized by comment. Pay day is always a month off for the spendthrift, and he is never able to realize more than sixty cents on any dollar that comes to him. But a dollar is worth one hundred and six cents to a good business man, and he never spends the dollar. More than 22,000 books were published in Germany last year. Herr Ernst Heilbron, in a review of the year's literature, names a volume of stories by the famous authoress, Marie von Ebner, of Eschenbach, the most important volume of them all. The late Maurice Thompson's "Alice of Old Vincennes" has had a sale in this country approaching 175,000 copies. We hear that the first English edition, which Messrs. Cassell & Co. prepared, has proved quite inadequate to supply the demand. A biography of the late William Hamilton Gibson will appear in the fall from the press of Messrs. Putnam. The author is the Rev. John Coleman Adams. The volume will be illustrated with many scenes of the Berkshire country around Washington, Conn., the naturalist's old home. Tolstoi is greatly improved in health, says M. E. Halperine Karminsky, the prospective biographer of the Russian novelist. He has given up hard labor in the fields and has substituted cycling, tennis, walking and swimming. He is engaged on a new novel, a romance dealing with life in the Caucasus. "The Life of James Madison," by Gaillard Huna, will be the first volume to appear in Doubleday, Page & Co.'s biographical history of the United States, in which the political, social and economic history of this country's development will be related through the lives of those Americans who have made history. After numerous delays caused by various obstacles, it is now authoritatively announced that the publication of "Shakespeareana" will be resumed as a quarterly in September, under the editorship of the Shakespeare society of New York. It will be printed by the Shakespeare Press" of Westfield, N. J. in desperation, becomes the Countess Sabolewska. The ultimate destiny of the million florins, however, forms the chief theme of the book. If you gave some fellows a talent wrapped in a napkin to start with in business, they would swap the talent for a gold brick and lose the napkin; and there are others that you could start out with just a napkin who would set up with it in the drygoods business in a small way and then coax the other fellow's talent into it. Already “The Insect Book," by Dr. L. O. Howard, published last week by Doubleday, Page & Co., is about to go into its second edition. The volume is a valuable addition to the New Nature Series, which deal with birds, flowers, mushrooms, and butterflies. The series, by a recent printing, has already reached 75,000 copies. Herbert Putnam, librarian of congress, says that he has economized space to such good purpose that there will be no difficulty in finding shelf-room for This should encourage 450,000 additional books. Mr. Winston Churchill to keep right on with the genealogy of the Carvel family. "Life and Works of Charles Kingsley," in a limited edition de luxe of nineteen volumes, is in preparation at the Macmillan Company. The books will be printed and bound in a similar manner to editions de luxe of Lamb, Pater, and Tennyson, issued by the same house. The life will be reprinted from the original unabridged edition. I always lay it down as a safe proposition that the fellow who has to break open the baby's bank for car fare toward the last of the week isn't going to be any Russell Sage when it comes to trading with the old man's money.- From the letters of a selfmade merchant to his son, now appearing in "The Saturday Evening Post," of Philadelphia. The Scribners will introduce two new foreign writers to American readers this fall, Maxim Gorky, the young Russian, whose work is now attracting much attention in Europe, and Madame Eliza Orzesko, a Polish writer, a contemporary of Sienkiewicz. Her novels deal with Polish society. Jeremiah Curtin is the translator, and the first volume will be called "The Argonauts." Among the volumes of fiction announced by McClure, Phillips and Company for early publication this fall, are a collection of Edward Lefevre's graphic Wall Street Stories, Frank H. Spearman's pictures of railroad life, called Held for Orders; and Anthony Hope's new novel, Tristram of Blent. It is only a few days since we had occasion to call "The Million," by Dorothea Gerard, author of "A Spotless Reputation," is a story of the present day, with the scene laid in Galicia, Austria, which Dodd, Mead & Co. will bring out this fall. A notary in Lyczyn amasses a million florins in order that his motherless daughter may marry into high rank and that he may spend his declining days in the society which his position had hitherto denied attention to the widespread commendation which him. But the girls falls in love with a young engineer. The notary discovers this serious menace to his scheme and so successfully combats it that the engineer marries another girl and the daughter, this latest work by the author of Quisante has already called forth in England. A new "Dolly Dialogue." by Mr. Hope, will appear in the September McClure's, under the title of "The Curate's Bump." Sienkiewicz is at work upon a new novel, not try falls in love with a young senator from the West. the sequel to “Quo Vadis,” as has been intimated, | Her love is returned, but there is an obstacle to but a story based upon Jan Sobieski, the famous their union, for the senator, who gives promise of Polish patriot, who plays a small part in "Pan great things in the service of his country, is marMichael." The Polish writer will shortly begin ried. The wife, however, agrees to a divorce, and work upon a series of novels dealing with Napoleon. the senator resigns his seat. Everything seems to Each book will be a complete story in itself, but work to the advantage of the lovers, when the secrethe same characters will run through the series. tary's daughter, realizing the sacrifices which her love has imposed, suddenly marries an old sweetheart, and the senator is murdered at the door of his old home by a madman. The two next volumes in The Temple Cyclopædic Primer series will be "Primitive Man" by Dr. Hörnes, curator of the Natural History Museum, Vienna (illustrated), and "Tennyson," by Morton Luce, author of "A Handbook to the Works of Tennyson." The latter volume is a very exhaustive handbook to the works and life of the poet; while Dr. Hörnes' book gives in pocket form practically the latest data about human life in prehistoric times. The Macmillan Company will issue both volumes at once. Among the new volumes which Macmillan and Company are going to add to their English Men of Letters series is one upon Jane Austen, by the Rev. H. G. Beeching. In view of the satiric treatment which the author of "Pride and Prejudice" accorded to various reverend gentlemen who figured in her pages, it will be interesting to see what one of their own cloth will have to say in return regarding Miss Austen. The Rev. Mr. Beeching, in addition to being Clark lecturer at Trinity College, Cambridge, is the author of several volumes of sermons, poems and essays, and editor of Milton, Tennyson and other English poets. That F. Hopkinson Smith is old enough to have a son already following in his literary and artistic footsteps will surprise most of those familiar with the varied acquirements of the well-known novelist, light-house builder, painter and lecturer. Yet here is a publishing house, the Funk & Wagnalls Company, announcing for. November a book entitled The Real Latin Quarter," by F. Berkley Smith, who has had for some years the entree to the inner circle of that desirable bit of Paris. His book will contain over 100 original drawings, head and tail pieces, border decorations, photographs, etc., all made by the author, especially for this book. His father has made a water-color painting of the Luxembourg Gardens, to be used as a frontispiece. Of late years stories of Bret Harte are all too rare. A writer in the Boston "Transcript" tells a good one about a fashionable lady of New York who, meeting Mr. Bret Harte at a friend's house, in a moment of amiability took him by the hand and said: "I am so pleased to meet you, Mr. Harte. I admire your writing so much, though I don't think that you ever wrote anything better than 'Little Breeches.' I admire that more than anything you have written." To which Mr. Harte replied: 'Madame, I entirely agree with your opinion; I also admire Little Breeches' more than anything I have ever written." The lady was immensely pleased to think that she had hit upon the author's favorite poem and perhaps John Hay would have been equally pleased. 66 Dr. Horace Howard Furness' life work, the preparation of the Variorum edition of Shakespeare's plays, has now been advanced to the thirteenth volume, which J. B. Lippincott Company will issue this autumn. The new volume will contain Twelfth Night," and will be supplied with voluminous notes, various readings, discussion of the plot and composition, and bibliography and index which characterized the other volumes. Dr. Furness has so far presented in this edition the plays "Macbeth,” “Romeo and Juliet," "Othello," "King Lear," "The Edgar Stanton Maclay, who has suddenly become Tempest," "As You Like It," "The Winter's Tale," "Hamlet (two volumes), "Much Ado About Nothing," "The Merchant of Venice" and "Midsummer Night's Dream." a figure of prominence through his attack on Rear Admiral Schley, in the third volume of his naval history, is thirty-nine years old, the son of a clergyman, a short, sturdy fellow, with broad shoulders. and strong, Scotch face. He is a graduate of Cor"Tales of the Cloister," by Elizabeth G. Jordan, nell, and it was while in college that he conceived is the fourth volume to be published in Harper & the idea of writing a naval history of the United Brothers' Portrait Collection of Short Stories. Miss States, and accumulated all his data for the first volJordan was in the convent of Notre Dame, in Mil- ume before he was graduated. He wrote this volwaukee, from her eighth year until the age of ume while working as a reporter on the New York seventeen. Her knowledge of convent life comes," Tribune." He left the paper in 1894 and wrote therefore, from actual experience and observation. naval editorials for the New York "Sun." When The book will be published late in August, together he got ready to write the second volume of his with The Supreme Surrender," by A. Maurice Low, the well known Washington correspondent and political writer. This is a problem rather than a political novel. The daughter of a cabinet secre history he obtained an appointment as lighthouse keeper at Setauket. L. I. He wrote the third volume of the history while working at the Brooklyn navy yard. It is in this volume that he reflects on the conduct of Schley, couched in such serious language that the secretary of the navy has forbidden the use of Maclay's book in the Naval Academy, while Schley has for the same reason demanded an official investigation of his actions in the war. The tenth issue in the Messrs. Harper's series of American novels, to be published in October, comes from the pen of a comparatively new writer, Basil King, who may be remembered as the author of a novel of some ability, Griselda," published last year by H. S. Stone & Co. It is said, however, by 66 those who have seen the advance sheets of his new book, that there was little in "Griselda" to give promise of the ability that the author is now showing. The title of his new book, "Let No Man Put Asunder," reveals pretty plainly the subject of the plot, in which the divorce problem, or, at least, certain aspects of one of many divorce problems, will be treated in a radical, yet on the whole wholesome and sane fashion, and one that distinctly makes for moral order. Legal Notes. The trees now growing on the farm near Franklin, N. H., where Daniel Webster was born are to be cut up and made into matchsticks by a manufacturing company, which paid $2,800 for the timber. One hundred and twenty-five dollars has been declared recently by a Prussian Supreme Court to be the fair and legal value of a kiss. This decision grew out of a contract made five years ago between a young girl in Prussia and a friend of her fatner. The friend promised the girl $125 for the kiss, the money to be paid on the girl's coming of age. But the claim was repudiated when the girl did come of age, and she thereupon sued for the full amount, which was awarded to her. 66 There are literary purists who 'object to the word Scotch" and "Scotchman," and prefer to employ the expression "Scots." The Daily Telegraph states that not long ago the staff of a famous series of law reports were sternly desired to avoid the undesirable, and substitute the correct term. In due course a case on the subject of the duty payable on spirituous liquors was despatched to the editor, in which the delighted reporter had written throughout of "Scots whiskey." There are a great many persons who still retain a wholesome prejudice against taking fiction in the homoeopathic doses of serial publication in our monthly magazines, and who have preferred to await the appearance in book form of such novels as Gilbert Parker's "Right of Way," Mary Johnston's "Audrey" and Irving Bacheller's "D'ri and An objection raised against an indictment at the I." The last of these novels will be issued in about | Carlisle assizes on the ground that certain dates and three weeks by the publishers of "Eben Holden," amounts were given in figures instead of in words -the Lothrop Publishing Company. As is pretty generally known, even by those who boycott serial stories, it is a border tale of the war of 1812, the scenes of which are laid chiefly in the territory of "Eben Holden," although in some chapters the action extends into the French domain in Canada. According to some opinions already expressed, "D'ri and I" exhibits a distinct gain in power over Mr. Bacheller's earlier work. The story promises to be one of the best selling books this fall, over 60,000 copies of the first edition having been sold in advance of publication. Only a few days ago we had occasion to note Mr. Cable's reappearance in literature with a short story, to be published in the September "Scribner's," and now a report reaches us to the effect that Mr. Cable's long silence has been due to his absorption in a new and important historical novel, which, according to the same authority, the Messrs. Scribner will issue early in the autumn. The name of this new story, if it has yet been decided upon, has been kept a close secret; but the setting of the plot is the civil war, in which, it will be remembered, Mr. Cable himself served in a Mississippi cavalry regiment. The forthcoming volume has been the result of three years' unremitting labor and ought to be regarded as one of the most interesting announcements among this autumn's books of fiction. a point which Mr. Justice Ridley consented to reserve for the consideration of the Court of Crown Cases Reserved - recalls the technicalities by which offenders often escaped conviction in other days. One of the most striking instances is afforded by the trial of Lord Cardigan in the House of Lords in 1841, to which, as the last trial of a peer by his fellow peers, so many references have recently been made. Lord Cardigan was indicted for shooting at Harvey Garnett Phipps Tuckett with intent to murder him. It was proved conclusively that Lord Cardigan shot deliberately at Captain Tuckett in a duel, but the crown failed to prove that the captain bore the name of Harvey Garnett Phipps Tuckett, and the peers found Lord Cardigan not guilty," only one peer deeming it necessary to relieve his conscience by saying, 'Not guilty, legally." An inquisition for murder was once quashed by Mr. Justice Buller because of the omission of a single letter, the jurors being described as "on their oath," instead of “on their oaths." Sir Harry Poland, in his recent lecture on changes in the criminal law during the nineteenth century, mentions two other interesting cases. "In 1829 one Puddifoot was indicted for stealing a sheep. The proof was he stole a ewe, but as the statute used the word 'ewe' as well as 'sheep,' the conviction was held by the solons of Serjeant's Inn to be wrong, and the prisoner who had been sentenced to death, was pardoned. In 1843. in the case of Regina v. O'Connor, the indictment contained in the margin the words the county of Lancaster,' but it was quashed because in the body of the indictment it did not state the county where the offense was committed." It is rare in these days for justice to be defeated on such technical points, but most people will agree with Mr. Justice Ridley that figures might advantageously be allowed in indictments in the place of words.- London Law Journal. the physical or the mental attributes which fit them for a legal career. There may be a few marked exceptions, but the average intelligent, cultured, and educated woman is no more fit for the practice of law that the ordinary male is for the position of leading soprano in a church choir. By all means, then, let down the bars, and let the women come to the bar if they chose and when they wish, but stop prating about the fear of female competition. Women are doing nobly their part of the world's work in countless lines of human endeavor, but as lawyers they never were and never will be An eminent queen's counsel, in the course of a learned argument, rested his case entirely on one reported decision, which he asserted to be of para-a success.- Law Notes. mount importance. But, when he had finished, his opponent, being asked by the judge what he had to say, replied: "I will not trouble your lordship with any further argument. I only wish to say that my friend has forgotten to inform your lordship that the case on which he relies has been taken on appeal to the house of lords, and the decision absolutely reversed." Upon this the eminent Q. C. turned to his colleagues round about and whispered: Good Heavens! what a liar that man must be! Why, there never was such a case."— Ex. 66 Maryland is one of the conservative States in which the doors of the courts have not been opened to women as practitioners of law. A woman was one of the graduating class of the Baltimore Law School last month. The fact that she is not permitted to practice in Maryland, although qualifying in every respect except that of sex, has brought on an agitation of the subject, and the Baltimore papers announce that when the Maryland legislature meets next winter a strong effort will be made to give women the right of admission to the bar. Maryland lawyers are told that opposition to such a course can be based only on the fear of competition, and there should be "few men willing to confess themselves afraid to meet feminine competition in the courts." Whether the lawyers of Maryland want or do not want women at the bar, to talk of fear of them as antagonists is almost silly. The abstract right of women to practice law is one thing; their fitness for the profession is another and entirely different proposition. In some States the bar as a career has been open to women for forty years or more. The impression which they have made in such States as lawyers, the influence which they have had on the profession, has been absolutely imperceptible. We are told again and again by the advocates of the policy of allowing women to enter the profession, that with women at the bar there would be fewer shysters, that they would exercise a beneficial influence in upholding the dignity and fair name of the profession, etc. Are there fewer shysters in proportion to numbers or is the profession more dignified and inspired by higher ideals in Chicago or New York where women for a generation or more have been permitted to practice, than in Baltimore where they are excluded? No; the simple truth of the matter is that women as a class are not endowed by their Creator with either In a prosecution for the sale of oleomargarine in New York, People v. Hillman (69 Supp. 66), the court declines to take judicial notice of the color of butter. The evidence showed the sale of oleomargarine containing about as much artificial coloring as is used in butter, and in close imitation thereof; that most butter is colored; and that uncolored oleomargarine is about the same color as some natural butter. The Supreme Court of Massachusetts. In re Storti (60 N. E. Rep. 210), has held that the statute substituting electrocution for hanging is valid, and not in contravention of the Massachusetts declaration of rights prohibiting cruel and unusual punishments. Chief Justice Holmes, in the opinion, draws the dstinction between the use of means for the sole purpose of causing death and for the purpose of causing other pain to the person concerned before death results, such as a slow fire. "But when the means adopted are chosen for the purpose of reaching the end as swiftly and painlessly as possible, we are of the opinion that they are not forbidden by the Constitution, although they should be discoveries of recent science, and never have been heard of before. The suggestion that the punishment of death, in order not to be unusual, must be accomplished by molar rather than by molecular motion, seems to us a fancy unwarranted by the Constitution." Rufus Choate had a voice without any gruff or any shrill tones. It was like a sweet, yet powerful flute. He never strained it or seemed to exert it to its fullest capacity. I do not know any other public speaker whose style resembled his in the least. Perhaps Jeremy Taylor was his model, if he had any model. The phraseology with which he clothed some commonplace or mean thought or fact, when he was compelled to use commonplace arguments, or to tell some common story, kept his auditors ever alert and expectant. An Irishman, who had killed his wife, threw away the axe with which Choate claimed the deed was done, when he heard somebody coming. This, in Choate's language, was "the sudden and frantic ejaculation of the axe." Indeed, his speech was a perpetual surprise. Whether you liked him or disliked him you gave him your ears, erect and intent. He used manuscript a great deal, even in speaking to juries. When a trial was on, lasting days or weeks he kept pen, ink and paper at hand in his bedroom, and would often get up in the middle of the night to write down thoughts that came to him as he lay in bed. He was always careful to keep warm. It was said he prepared for a great jury argument by taking off eight great coats and drinking eight cups of green tea." Scribner's." In the case of Tiedy v. Erie R. Co. (49 Atlantic Reporter, 427), the plaintiff, who was riding from Newark to New York, was arrested for refusing to pay cash for his passage after the conductor had refused to accept his ticket marked "New York to Newark." The court holds that he is entitled to prove the custom of the company to honor such tickets, and that he might reasonably and honestly believe that the ticket so written was a lawful payment of his fare, and that, having this belief, he did not incur the penalty or subject himself to the arrest sanctioned by the statute. The charge made against Mr. Knox that he is a corporation lawyer is nothing new. It was made against many of his predecessors, but we have yet to hear that the people suffered detriment at the hands of any of them. Mr. Griggs, Mr. Harmon and Mr. Olney, to go no farther back, each conducted the attorney-general's office with conspicuouş ability and with honor to the government. Now, the fact is that every lawyer would be a corporation lawyer if he could, just as claret wine would be port if it could, only there are not enough corporations to go around. * A lawyer who has had corporations for his clients is no more liable to be biased in favor of corporations generally when called upon to exercise judicial functions, or to represent the government in any manner, than he would be biased in favor of any other class of clients. All such charges are absurd. What the government demands in its law offices is learning, ability and integrity. When these are found it makes no difference what were the particular rounds of the ladder by which their possessor mounted to eminence. Chicago Journal. English Botes. Professor John Harvard Biles, of Glasgow University, has received an invitation from the University of Yale, U. S. A., to be present at the celebration of its bicentenary in October, and to receive the honorary degree of LL. D. Mr. Justice Ridley and his brother Bucknil are, says the Daily Telegraph, presumably safe from attack in connection with the adventure of which they were the innocent heroes. If the lady bicyclist sought to recover damages from both or either of these learned judges, they or he would plead (1) that the carriage, the coachman, and the horses concerned in the disaster were the property, and under the control of, the high sheriff, and (2) that a judge traveling on circuit represents the sovereign, and is therefore not amenable to the law. Both propositions would doubtless avail them. Mr. Justice Kennedy was, says the Globe, engaged the other day in trying an action brought by a cucumber grower against a seedsman, and the judge's and counsels' desks presented a tempting array of "exhibits." The presence of these cucumbers was the occasion of much jocularity in court, especially about luncheon time. One of the counsel is reported to have predicted that, whatever the verdict of the jury might be, the cucumbers would feel very much "cut-up" when the trial came to an end. The retirement from the judicial committee of Lord Hobhouse, at the age of eighty-one years, is a matter of considerable regret. He has had a singularly varied career, commencing with many years' practice at the Chancery Bar, succeeded by service as a charity and endowed schools commissioner, then as legal adviser to the governor-general of India, and finally, since 1877, as a member of the judicial committee. In this last capacity he became distinguished as an expert in Indian law, and in this respect his loss will be severely felt.- Solicitors' Journal. The fifty-fifth report of the commissioners in lunacy has been issued as a blue-book. It states that the total number of the lunatics of whom they have had notice was on the first of January, 1901, 107,944, being an increase of 1,333 on the number on the first of January, 1900. This increase of notified lunatics in 1900 compares with an increase of 1,525 in 1899, and one of 3,114 in 1898. The average annual increase in the ten years ending the 31st December, 1900, has been 2,115, and that in the five years ending at the same time, 2,300, so that the increase in 1900 was 782 below the average annual increase in the ten preceding years, and 967 below that in the five preceding years. Arising out of the recent trial of Earl Russell a question has been raised in the columns of one of the non-professional journals as to the effect the conviction of a peer has upon his right to sit and vote in the House of Lords. The answer to this is to be found in section 2 of the Forfeiture Act, 1870, where it is provided that any person "convicted of treason or felony for which he shall be sentenced to death or penal servitude or any term of imprisonment with hard labor, or exceeding twelve months shall become and (until he shall have suffered the punishment to which he had been sentenced, or such other punishment as by competent authority may be substituted for the same, or shall receive a free pardon from [his] majesty) shall continue thenceforth incapable * of being elected, or sitting, or voting as a member of either house of parliament." It will be noted that the section has no application to Earl Russell, who, although convicted of felony, was not sentenced to * ** * |