Under Missis

110. INFANT-Service of Process. sippi law, a court cannot acquire jurisdiction over an infant by personal process, unless it appears that process was served on his father, mother, or guardian, or that he had none such in the State.-Jones v. Mathews, S. C. Miss., May 21, 1888; 4 South. Rep. 547.

111. INJUNCTION- Laches. A bill in equity by tax. payers to prevent a corporation from aiding a military company to build an armory, is too late if the bill is filed two months and a half after the note has been taken, and after the building has been begun.- Chamb. erlain r. Town of Lyndeborough, S. C. N. H., July 19, 1888; 14 Atl. Rep. 865.

Upon a

112. INSANITY-De Lunatico Inquirendo. writ of de lunatico inquirendo the evidence must show that the imbecile is unfit to be trusted with the management of his person as well as of his estate.-In re Lindsley, N. J. Ct. Err. & App., Aug. 9, 1888; 15 Atl. Rep. 1.

113. INSOLVENCY-Jurisdiction - Foreign Corporation. -Under California law, the courts there have juris diction of proceedings in involuntary insolvency against a foreign corporation, which has property and a place of business in the State. In re Castle Dome M. & S. Co., S. C. Cal., June 25, 1888; 18 Pac. Rep. 794. 114. INSOLVENCY-Prac ice Continuance. Construction of Maine insolvent laws. In insolvent pro ceedings a creditor may, in a proper case, ask a continuance for the purpose of filing a claim against the insolvent. Robinson v. Chase, S. J. C. Me., June 12, 1888; 14 Atl. Rep. 939.

115. INSOLVENCY Procedure - Creditors. Any creditor may oppose the appointment of a syndic, or charge fraud against the insolvent debtor, by means of an opposition laid before the court within ten days next following the meeting of creditors. Spears v. His Creditors, S. C. La., June 13, 1888; 4 South. Rep. 567. 116. INSURANCE - Overvaluation Application. Where an insurance policy makes the application a warranty, and avoids it, if in any false representation as to value is made within the written application or otherwise, and the insured states the value at $1,500, when the real value is $1,300, and the agent inserts $1,800 in the application which the insured signs without reading, the policy is not vivitated, if the representation is false, unless intentionally or fraudulently made. Wheaton v. North B. & M. I.jCo., S. C. Cal., June 7, 1888; 18 Pac. Rep. 758.

117. INSURANCE-Risk-Contract. A policy of insurance will not cover goods on the wharf, described as goods laden or to laden on board ship A, when the policy also states that the risk shall not attach till after the lading thereof on ship A. - Cottam v. Merchant, etc. I. Co., S. C. La., March 26, 1888; 4 South. Rep. 510. 118. INTOXICATING LIQUORS Drunkenness Indictment. A complaint for drunkenness on the public street, under Rev. St. as amended by St. 1885, is fatally defective if it does not allege that the defendant was "found intoxicated" on the street.-State v. Carville, S. J. C. Me., June 2, 1888; 14 Atl. Rep. 942.

119. INTOXICATING LIQUORS-Indictment- Pleading Evidence. Where an indictment charges the unlawful selling of intoxicating liquors with a continuando, the evidence must show sales within the time limited.State v. Small, S. J. C. Me., June 23, 1888; 14 Atl. Rep. 942. 120. IRRIGATION -Riparian Rights. An upper riparian proprietor may use a reasonable amount of the water of a natural stream to irrigate his riparian land, but cannot use all of it for that purpose, nor can he use

A purchaser of

122. JUDGMENT-Lien-Purchaser.property subject to a judgment lien, of which he had notice, cannot claim the benefit of the occupying claim. ant's act against the purchaser at a judicial sale, in proceedings to enforce the lien.-Rounsaville v. Hazen, S. C. Kan., June 9, 1888; 18 Pac. Rep. 689. 123. JUDGMENT― Parties. When a party is joined as a defendant in a suit, and no judgment is entered or rendered either for or against him in the final decree, the cause is not disposed of as to him.-Shultz v. McLean, S. C. Cal., June 19, 1888; 18 Pac. Rep. 775.

124. JUDGMENT-Res Adjudicata - Pleadings. —A judgment on the merits is an absolute bar as to every matter which was offered and received to sustain or defeat the claim, or might have been offered. Admis sions made in the pleadings are not excepted from the rule.-Sauls v. Freeman, S. C. Fla., May 29, 1888; 4 South. Rep. 525.

After a

126. JURY-Verdict — Irregular Verdict. jury has been discharged for failure to agree, and afterward meet and render a verdict, which the court accepts, such verdict will be set aside upon appeal.Richards v. Page, S. J. C. Me., May 31, 1888; 14 Atl. Rep. 933.

127. JUSTICE-Criminal Jurisdiction.- Under Mississippi law, justices of the peace have jurisdiction over unlawful retailing.-Sloan v. State, S. C. Miss., May 28, 1888; 4 South. Rep. 550.

128. LANDLORD AND TENANT-Title by Prescription.— Prescription acquirendi causa cannot be acquired under a title resulting from a lease.-Parish Board v. Edrington, S. C. La., June 15, 1888; 4 South. Rep. 574.

129. LIMITATIONS-Judgments-Executor. An execution issued on motion of a foreign administrator of the plaintiff is void, and does not prevent the statute of limitations from running against the judgment, under Mississippi law.-Jackson v. Scanland, S. C. Miss., May 28, 1888; 4 South. Rep. 552.

-A, own

130. LIMITATIONS-Vendor-Real Estate. ing an interest in a tract of land, agreed to convey a part thereof to B, if he would procure a United States patent therefor. A patent was procured September 1, 1876; B sued on the contract August 6, 1882: Held, that the action was barred, plaintiff never having been in possession of the land.-Luco v. Toro, S. C. Cal., June 27, 1888; 18 Pac. Rep. 866.

131. LIMITATION OF ACTION-Running of Statute.Interpreting the Kansas statute of limitations. — Dobson v. Voyes, S. C. Kan., June 9, 1888; 18 Pac. Rep. 697. 132. MANDAMUS-Courts-urisdiction. An appli cation for a writ of mandate to the surveyor-general should be made in the superior court.-Johnson v. Reich art, S. C. Cal., June 26, 1888; 18 Pac. Rep. 858.

Under

133. MECHANIC'S LIEN-Tools-Machinery. California law, blacksmithing and repair work done on machinery and tools used in developing a mine my be made a lien on the entire mining property.- Malone v. Big Flat G. Co., S. C. Cal., June 16, 1888; 18 Pac. R. p. 772. 134. MORTGAGE-Possession Statute.-— Under the laws of Maine, a mortgagee may recover possession of the mortgaged premises, if there is no agreement to the contrary. Hadley v. Hadley, S. J. C. Me., July 25, 1988; 15 Atl. Rep. 47.

The 135. MORTGAGE-Release-Quitclaim-Fraud.quitclaim deed of a mortgagee confers upon its grantee no title as against an intermediate mortgagee, whose release had been obtained by fraud, and no payment of the mortgage debt had been either pleaded or proved. -Farrell v. Lewis, S. C. Err. Conn., June Term, 1887; 14 Atl. Rep. 931.

136. MORTGAGE-Satisfaction-Estoppel.- -Where a mortgagor puts into the hands of an agent money to pay off the mortgage, and the mortgagee accepts the agent's note in place of part of the money, he is estopped after ten years from setting up the claim that the mortgage debt has not been paid.-Rinesmith v. Slote, N. J. Ct. Err. & App., Aug. 4, 1888; 14 Atl. Rep. 900.

137. MUNICIPAL CORPORATIONS- Contracts-Record.Under Colorado law, an order of a city council accepting a bid for street work must in the record entry show the concurrence of a majority of the members thereof, and that the yeas and nays were called, and without such entry a contract based thereon is not binding on the city.-Sullivan v. Leadville, S. C. Colo., Jnne 15, 1888; 18 Pac. Rep. 736.

138. MUNICIPAL CORPORATIONS-Exercise of Power.Where a corporation is invested with full power over a subject, and the mode of exercise of the power is not limited by the charter, it may exercise it in any man. ner most convenient.-Beers v. Dalles City, S. C. Oreg.. June 7, 1888;18 Pac. Rep. 835.

Former Indictment.

141. MURDER- Evidence Where, in a trial for murder, it appears that the deceased had formerly prosecuted the defendant on a charge of burglary and stealing, threats made by the defendant against the deceased, with reference to such charge, are admissible in evidence.-Carden v. State, S. C. Ala., July 26, 1888; 4 South. Rep. 823.

142. NEGLIGENCE-Contributory - Recklessness. The fact that one has carelessly put himself in a place of danger is generally not an excuse for another to recklessly or wantonly injure him.-Kansas P. R. Co. v. Whipple, S. C. Kan., June 9, 1888; 18 Pac. Rep. 730.

143. NEGLIGENCE-Contributory-Railroad Crossing.— One who drives a team across a railroad track in front of an engine, which is blowing off steam, who knows the danger, cannot recover for injuries inflicted by the frightened team.-Union P. R. Co. v. Hutchinson, S. C. Kan., June 9, 1888; 18 Pac. Rep. 7(5.

144. NEGLIGENCE-Contributory Negligence-Carrier. -Circumstances stated under which it was held that a passenger on a street railroad, who was standing on the platform of a car, was not so far guilty of contributory negligence as to authorize the court to withdraw the case from the jury.-City Ry. Co. v. Lee, N. J. Ct. Err. & App., July 31, 1888; 14 Atl. Rep. 883.

145. NEGOTIABLE PAPER-Delay. Where the payee of an accommodation check transferred it to the plaintiff, giving him a mortgage to secure it, and stipu lated that plaintiff should not present it for fifteen days, and afterward absconded, and plaintiff afterwards presented the check, and payment was refused by the bank: Held, in a suit by plaintiff against the drawer, that the question was one of fact, and that the evidence supported the judgment in favor of the plaint. iff.-Wilburn v. Williams, S. C. R. I., June 16, 1888; 14 Atl. Rep. 878.

146. NEGOTIABLE PAPER-Demand and Notice-Protest.- -If the maker of a note has a known domicile

in the State, the holder must present it for payment there, although he knows or believes that the maker is absent.-Glaser v. Rounds, S. C. R. I., May 25, 1888; 14 Atl. Rep. 863.

147. NUISANCE-Common Nuisance-Indictment.Under the statute, making the keeping of a stationary steam engine without a license a nuisance, the indictment is bad on demurrer, unless it shows that no license was obtained.-State v. Davis, S. J. C. Me., Aug. 3, 1888; 15 Atl. Rep. 41.

Circumstances

148. PARTNERSHIP — Accounting, stated under which it was held that a partner, who had agreed that his copaartner should have all the firm property upon paying all the debts, was nevertheless entitled to an accounting.-Dignan v. Dignan, N. J. Ct. Ct. Chan., Aug. 3, 1888; 14 Atl. Rep. 887.

149. PARTNERSHIP - Equity - Burden of Proof.Where the administrator of a deceased partner files a bill against the surviving partner, charging him with obtaining by fraud a sale of intestate's interest in the firm to him, an answer, setting up the sale and denying the fraud, does not shift the burden of proof from the plaintiff, and if he fails to sustain his charges the bill will be dismissed.-Farrington v. Harrison, N. J. Ct. Err. & App., July 28, 1888; 15 Atl. Rep. 8.

The

150. PARTITION-Report of Commissioners. report of commissioners in partition should distinctly show the share allotted to each person, and where a reference to public records and memorials of the locality does not make them certain, a field book and map should accompany the report.-Mansfield v. Olsen, S. C. Miss., May 21, 1888; 4 South. Rep. 545. 151. PARTITION-Title.- -Where, in a partition proceeding, some of the parties claimed title by purchase from a third person, such action will be treated as presenting a question of title.-Brock v. Nelson, S. C. S. Car., June 26, 1888; 6 S. E. Rep. 901.

152. PLEADINGS-Balance on Account.-A balance due on an account constitutes only one cause of action.- Tootle v. Wells, S. C. Kan., June 9, 1888; 18 Pac. Rep.

-

155. PLEADING Issue. Where in an action on a promissory note it was alleged that defendants were partners and this was specifically denied in the plea: Held, that the plea presented a substantial issue which should go the jury and should not be stricken out as either "sham, irrelevant, or frivolous " — Herr v. Cockran, S. C. S. Car., June 26, 1888; 6 S. E. Rep. 905.

156. PLEADING-Negligence-Findings.- —— A plaintiff alleged damages caused by negligently allowing sparks to escape from an engine, and the jury found that the fire was permitted to escape by the negligence of the engineer, or some defect in engine, or both, the evidence not warranting them in saying which: Held, that the court could not render judgment for plaintiff on such finding. St. Louis, etc. R. R. v. Fudge, S. C. Kan., June 9, 1888; 18 Pac. Rep. 720.

157. PLEADINGS -- Uncertainty. A complaint alleges that A is indebted to B for defending various suits, drawing deeds, and for consultation, between certain dates, in a certain sum, is demurrable for uncertainty.— Wise v. Hogan, S. C. Cal., June 20, 1888; 18 Pac. Rep. 784.

159. POOR LAWS-Settlement- Misnomer. A mis. nomer will not deprive a pauper of his settlement gained in accordance with the poor law. Canaan v. Grafton County, S. C. N. H., July 19, 1888; 15 Atl. Rep. 18. 160. POOR AND POOR LAWS The overseers of the poor cannot remove a pauper to the poor farm, if by doing so they endanger his health or life. Derry v. County of Rockingham, S. C. N. H., July 19, 1888; 14 Atl. Rep. 866.

It is

164. PRINCIPAL AND SURETY-Sheriff's Bond. no defense to a suit against the sureties on a tax-col. lector's bond, that a cosurety was discharaged there. from on his own application, as provided by law, though the principal was not then indebted, and by such dis. charge the bond was reduced below the amount required by law, and the clerk failed to publish notice of the withdrawal and of the filling of the supplementary bond. -People v. Otto, S. C. Cal., June 27, 1888; 18 Pac. Rep. 869. 165. PUBLIC LANDS-Sale- Canceling. When the State voluntarily comes into court, asking the deter mination of its rights in a mere business transaction with an individual, the same rules will generally govern as are applicable in suits between other parties, and where it wishes to cancel the sale of public land it must tender back the money received therefor.-State v. Dennis, S. C. Kan., June 9, 1888; 18 Pac. Rep. 723. 166. QUIETING TITLE - Summons Publication. Where the defendant in an action to quiet title, brought by the person in possession, is a non-resident, service may be made by publication.-Dillon v. Heller, S. C. Kan., June 9, 1888; 18 Pac. Rep. 693.

Where

171. RES ADJUDICATA—Questions Passed on. a partner filed a bill against his copartner to compel a transfer of a half interest in partnership land held in the latters name, and the court granted the request, but refused to order an accounting for the rents and profits, because all the partnership affairs were not included, the matter of the accounting is not res adjudicata. Davis v. Davis, S. C. Miss., May 31, 1888; 4 South. Rep. 554. The 172. SCHOOL LAND-Application to Purchase. action to try the question, as to which of two applicants is entitled to purchase school lands, is purely statutory, and involves no equitable doctrine.-CampbelĮ v. Hayes, S. C Cal., June 27, 1888; 18 Pac. Rep. 860. 173. SET-OFF- Counterclaim Consent. action by an heir at law for rent, the defendant, by consent, filled an account in set off against the deceased: Held, that this was in the nature of a reference, and a verdict for the plaintiff would not be set aside. - Bolan v. Crooker, S. J. C. Me., May 31, 1888; 14 Atl. Rep. 935. 174. SHERIFF Limitations. When a sheriff is ex officio tax-collector and gives a separate bond therefor, an action on his bond as tax collector is not barred under Code Civil Prac. Cal. § 339. — People v. Burkhart, S. C. Cal., June 19, 1888; 18 Pac. Rep. 776.

In an

175. SLANDER-Words Actionable Per Se. Certain words spoken against a woman held to be actionable per se.-Kelly v. Flaherty, S. C. R. I., May 25, 1888; 14 Atl. Rep. 876.

176. SPECIFIC PERFORMANCE Minor Mistake. Specific performance of a contract of sale should be granted, where it was not procured by fraudulent rep. resentations, though the vendor made erroneous statements as to a minor provision of the contract. — Wilson v. McLaughlin, S. C. Colo., June 15, 1888; 18 Pac. Rep. 739. 177. TAXATION-Assessment- Statute. Construction of Rhode Island statutes relative to assessment of property for taxes, returns of taxable property and exemption from taxation of certain personal property. Coventry Co. v. Assessors of Taxes, S. C. R. I., June 2, 1888; 14 Atl. Rep. 877.

178. TAXATION-License-Street Railway.-Operating a street railway by horse or steam is a business, on which a license may be imposed under the law and city ordinance. City of New Orleans v. New Orleans R. R., S. C. La., May 23, 1888; 4 South. Rep. 512.

180. TAXATION-Owner- Sales. - A tax-sale under an assessment of taxes of 1888 in the name of a deceased person, to whom the property did not belong at the time, is without effect, and no judgment subsequently rendered on motion can give it validity. Kerns v. Col. lins, S. C. La., May 7, 1888; 4 South. Rep. 498.

181. TAXATION - Redemption. Construction of Rhode Island statutes relative to the redemption of land sold for taxes. The owners of three-fourths of a tract must pay the puruhaser the tax with the penalty on the whole tract, not on their interest only.-Chace v. Durfee, S. C. R. I., June 23, 1888; 14 Atl. Rep. 919.

182. TAXATION-Sales-Limitations.- The prescription of three years cannot bar an action to annul a tax-title, which is absolutely null as being founded on an illegal assessment and sale. Beltram v. Villere, S. C. La., May 24, 1888; 4 South. Rep. 506. 183. TAXATION -Sales Tenant in Common. tenant in common cannot require his cotenants' interest by allowing the taxes to become delinquent and purchasing at the tax-sale. A deed thus obtained is void. Delashmutt v. Parrent, S. C. Kan., June 9, 1888; 18 Pac. Rep. 712.

A

184. TAXATION Tax-titles Unpatented Land. Where by the act creating a corporation it was pro

vided, that certain lands of the State should be issued to it upon its filing a certain bond. Afterwards the land was taxed as the corporation's property and sold for non-payment of the taxes. The holder of a patent therefor has a better title than the purchaser of the tax title, it not appearing that the bond was filed or a patent issued to the company.- Hardy v. Hartman, S. C. Miss., May 31, 1888; 4 South. Rep. 545.

185. TAXATION-Uniformity-Licenses.

The object of article 206 of the constitution was to authorize license taxation by graduation and not to require it to be equal and uniform.- State v. Liverpool, etc. Co., 8. C. La., May 7, 1888; 4 South. Rep. 504.

187. TOWN- Collection - Bond. Where the same person is town collector and town treasurer, and pays the money to the State treasurer, the sureties on his collector's bond are not liable.— Norridgewock v. Hale, S. J. C. Me., June 2, 1888; 14 Atl. Rep. 943.

188. TRUST-Power-Advancement.-Where a trustee holds a fund for the term of twenty-one years with the privilege at his discretion of advancing to the beneficiaries part or all of their respective shares, such discretion is limited by the implied condition that the beneficiary needs the advancement for some unusual or extraordinary enterprise.-Bailey v. Bailey, S. C. R. I.. June 23, 1888; 14 Atl. Rep 907.

189. TRUST-Sale-Will- Construction. Where a trustee held an estate with a power of sale and made a contract with the owner of the adjoining lands by which he surrendered his half of the pass-way between the estates, the other party also surrendering his half and agreeing to build a wall between the two tracks: Held, that the transaction was a sale within the terms of trust as declared by the will.- Lilley v. Providence Journal Co., S. C. R. I., June 23, 1888; 14 Atl. Rep. 915.

190. USURY-Defense-Estoppel.- A gave a usurious note, and not paying it at maturity, gave a new note for the amount and an additional sum. He induced B to take it up and look to it for the tuition for A's children. The note was afte. wards transferred: Held, that A was estopped from setting up usury. Henderson v. Hartman, S. C. Miss., May 21, 1888; 4 South. Rep. 549. 191. WATERS-Obstruction of Stream.- It is no de fense to an action by one reparian owner against an upper riparian owner for obstructing by a dam the flow of water in a natural water-course, that the defendant had erected the dam for the purpose of protecting his land from an increase in the value of water in such water course. Bliss v. Johnson, S. C. Cal., June 18, 1888;

18 Pac. Rep. 785.

-

192. WAYS-Notice- Commissioners - Estoppel. Construction of Georgia statutes relative to the laying off of highways and other ways; circumstances stated under which a proprietor over whose lands a road is laid off by commissioners is estopped from denying the validity of their action.- Green v. Reeves, S. C. Ga., June 1, 1888; 6 S. E. Rep. 865.

193. WILL-Construction. A testator may devise lands acquired after the execution of the will. A testatrix devised certain land to L and the residue of her other property to other devisees; after the execution of the will she bought land adjoining that devise to L: Held, that such land so purchased passed to the other devisees. In re Lolliard, S. C. R. I., June 23, 1888; 14 Atl. Rep. 920.

194. WILL-Construction-Account. On a bill for the construction of a will an account will not be ordered unless it is asked for directly or by inference in the bill itself. - Marquise De Portes v. Hurlbut, N. J. S. C. Err. & App., Aug. 1, 1888; 14 Atl. Rep. 891.

A will

195. WILL-Construction-Charitable Uses. which states that the residue of testatrix's estate shall be held for charitable uses in a liberal way not to any particular creed or sect, does not convey the property to charitable uses at all, but reserves it for the further consideration of the testatrix-Norcross, etc. v. Murphy's, etc., N. J. Ct. Err. & App., Aug. 7, 1888; 14 Atl. Rep. 903. 196. WILL-Construction- Trust. Where a testa. trix directed that one half of the estate she had devised to her daughter should be placed in trust for her benefit: Held, that such direction was absolute and not a mere request. Wood v. Camden, etc. Co., N. J. Ct. Chan., Aug. 3, 1888; 14 Atl. Rep. 885.

-

a testator gives to his wife his whole estate, asking her to make advances to his children as they may respect. ively marry or come of age, adding that it is his desire that she should have as much of his estate as would make her comfortable during her widowhood: Held, that the will created no trust in favor of the children, his statements as to advancements being merely recommendatory. The wife takes the whole estate during life or widowhood. Rowland v. Rowland, S. C. S. Car., June 26, 1888; 6 S. E. Rep. 902. 198. WRIT- Publication An affidavit for publication of summons is sufficient, if it shows that the party sought resides out of the State without show ing diligence to find him in the State.-Famish v. Mullan, S. C. Cal., June 21, 1888; 18 Pac. Rep. 854.

Affidavit.

199. WRIT-Service by Mail. Though attorney of plaintiff, who desired to serve a cost bill on defendant's attorney, laid at a different post-office from that of the latter, a deposit in the post-office at the residence of the latter is not a valid service, under California law.Thompson v. Brannan, S. C. Cal., June 20, 1888; 18 Pac. Rep. 783.

200. WRIT-Signature of Clerk. The affixing by the clerk of the seal of the court to a summong having his name printed thereto is a sufficient signing thereof by him, under California law.-Ligare v. California S. R. R., S. C. Cal, June 19, 1888; 18 Pac. Rep. 777.

RECENT PUBLICATIONS.

REPORTS OF CASES Adjudged and Determined in the Court of Chancery of the State of New York. Complete Edition, Copiously Annotated, Embodying all Equity Jurisprudence, with Tables of Cases Reported and Cited. By Robert Desty. Book II. Containing Johnson's Chancery Reports, Vols. 6 and 7; Hopkins' Chancery Reports, Vol. 1; Paige's Chancery Reports, Vols. 1 and 2. The Lawyers Co-operative Publishing Company, Rochester, New York. 1888.

The legal profession ought to be very much indebted to the Lawyers' Co-operative Publishing Company, of Rochester, New York, for the very handsome set of volumes in which they are now embodying the older Chancery Reports of the State of New York, and no less to their able and experienced editor, Robert Desty, Esq., under whose careful supervision they have been placed before the public with his learned annotations.

The eminent jurists with whose wisdom and learning the pages of the text of these volumes have been enriched have been well known to lawyers in every part of the United States for nearly three generations, and their names are of that class which neither the profession nor the world will willingly let die.

The Central Law Journal.

ST. LOUIS, OCTOBER 5, 1888.

CURRENT EVENTS.

NATURALIZATION LAWS.-One of our local courts has recently found it necessary to decide a question which, we think, does not admit of a reasonable doubt. That question was whether, under the existing naturalizations laws of the United States, a person who is neither "white" nor of African nativity or descent, is entitled to the benefit of our naturalization laws. The applicant for the honors and privileges of citizenship was a native of China, a Mongolian, and, therefore, according to all received ethnological ideas, neither "white" nor of African nativity or descent, and to these two classes of persons the laws of the United States limit the rights of citizenship. By the act of 1802 naturalization papers were grantable only to "free white persons," but by the act of 1870 and subsequent amendments the privilege was extended, not to colored people generally, but distinctly and exclusively to those of African descent or nativity.

In a legal point of view the case is too clear for argument. It is a matter of common knowledge that the Chinese are not "white," in any sense of the word, and as there is no tradition of a migration, even in prehistoric ages, from Africa to "far Cathay," any pretense of African descent is utterly inadmissible. As a question of public policy the matter is worthy of consideration. We have long been of opinion that the United States had gone quite far enough in conferring upon immigrants the privileges of citizenship. In the earlier years of our national existence, when there was a great superabundance of land to be occupied and natural resources to be utilized, it was the manifest policy of the American people by all suitable inducements to encourage immigration and increase our strength and population. That policy, besides affording us the honor and glory of furnishing an asylum for "the oppressed of all nations," tended to secure to us that which we then most needed, VOL. 27-No. 14.

a great increase of stalwart arms and willing hands to subdue the wilderness, to exterminate the wild beasts, and to quell the savages. Now, we have changed all that; we have people enough even for our broad domain, wild beasts are no longer troublesome, and the savages are in the main content to draw from the Indian agent their rations and annuities and afford but scant exercise to our military forces.

The reason of our liberal policy to immigrants has ceased, but the policy has not been discontinued, nor do we advocate its discontinuance. We are content to afford to all comers the equal protection of our laws and equal facilities for improving their condition, and also upon a strict compliance with the terms of the law, to grant to them the privileges of citizenship. While we favor, at present at least, no retrogression, we would not willingly take one step forward. If a man were as wise and learned as Confucius, and was neither white nor of African nativity or descent, we would sternly deny to him every right not equally enjoyed by every other alien visitor to our shores.

Of all the people in the world the Chinese are the very worst material out of which to manufacture American citizens, and in many respects are the least desirable of immigrants, and if we were to open our doors of citizenship still wider, we would not favor any privileges to the Mongolian race. They do not fuse with our people, and it is very undesirable that in any respect they should. They have industry and are reasonably peaceable, and this all that can be said in their favor.

We think that our naturalization laws need no amendment in the way of enlarging the scope of their operation, but there might be a great improvement in their administration. The procedure of naturalization has become a mere formality. The candidate for citizenship declares that he is attached to the principles of our constitution, when in most instances he does not know what those principles are, and could not distinguish between the powers of the president of the United States and those of a justice of the peace. It is discreditable to the law and its administration when any proceeding in a court of justice upon which depends the exercise of an important privilege shall be permitted to