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may at any time bc called upon to deal with new and important questions involving a knowledge of medical science and its collateral branches, it seems to us almost equally necessary. It is impossible in the brief space of a book notice to give anything like an adequate view of so important a work. In our opinion, it should be found in cvery law library. It seems almost unnecessary to state that the book is admirably printed and bound.

M. D. EWELL. The Kent Law School of Chicago.

Diritst op INSURANCE Cases. By Jons A. Fincii. Indian

apolis: The Rough Notes Co. 1893.

Our readers will perhaps recall the review of an carlier volume of this work which appeared in 31st Am. Law Reg. 545 That revicw was, on the whole, favorablc. We then had before us the Digest for the year cnding October 31, 1892. The volume in hand brings the work down to October 31, 1893. It is gratifying to be able to quote with reference to the later work the commendation which was bestowed upon the carlier. “Mr. Fisch has done his work well. The cases are carcfully digested, the classification is good and the index is remarkably complete."

G. W. P.

The Editors also wish to acknowledge the receipt of two excellent manuals (1) "Vandegrift's United States Tariff," a handbook containing the completed schedules of the new tariff act, a full cxplanation of customs requirements and of the laws and regulations regarding drawback, etc., published by F. B. Vandegrift & Co., New York and Philadelphia.

And (2) “ Jewett's Manual for Election Officers and Voters in the State of New York, containing the General Election Law and Town Mecting Law complete with Amendments to date. The provisions of the Penal Code, Laws and Constitution of the State are also inserted. The book is invaluable to the New York practitioner, and is calculated to save him

much time and trouble. It is published by Matthew Bender, Albany, N. Y.

The First Annual Report of the Territorial Bar Association of Utah has reached us, and contains an address upon the “Codification of the Law" by Mr. Hiles, and one by Mr. Murphy upon “The Use of the Writ of Injunction to Prevent Strikes."

The review of Part II of Professor Thayer's Cases on Constitutional Law will appear in connection with that of part III, which has just appeared.


Richard C. McMurtrie was born in Burlington County, New Jersey, on October 24, 1819. He died at Chestnut Hill, Philadelphia, on the 2nd of October, 1894.

Mr. McMurtrie was admitted to the Bar at Philadelphia on the 12th of November, 1840.

His character as a man and as a lawyer was most admirable and noteworthy; and it would seem to be uscful to recall some of the causes, in which during his long professional life he was engaged, as in this way his characteristics may be best illustrated. Some of these cases were of high public concern, and many of them involved private interests of the greatest personal and pecuniary importance.

It may not be generally known that Mr. McMurtric in his youth was engaged in a fugitive slave case. Quitc carly in his career he was retained by a southern gentleman to enforce the return of a fugitive slave. It is believed that this professional engagement did not coincide with Mr. McMurtrie's personal feelings, but he conceived it to be his duty to represent his client in the assertion of his legal rights, and, although the case was one which was opposed to the then prevailing public sentiment in the jurisdiction, where the question was dctcrmincd, he did not hesitate to lend his fullest powers to the support of the contention, which he felt his duty required him to advocate.

In the prime of his life Mr. McMurtrie was engaged in very many important causes, of which three, perhaps, deserve special mention. The first is that of the City of Philadelphia v. Collins, 68 Pa. 106. It was a case really of great public moment. The particular suit, it is true, was whether a canal boatman, who had been hindered in his navigation of the canal by thc city's action in drawing off the water of the Schuylkill for the purpose of securing power to the Fairmount

Water Works, could recover damages for the detention of his boat; but the decision of this particular suit involved a consideration of the right of the city to take water of a navigable strcam, not for the purpose simply of domestic usc by riparian owners, but, under an agreement with the grantec of the State, in order to furnish power to pump the water into the reservoir of the water works. The contention against any such right on the city's part and for its liability for the wrong donc was successfully supported by Mr. McMurtrie in the court below and (on a writ of crror taken by the city) in the Supreme Court.

In thc Crcelit Mobilier v. Commonwealth, 67 Pa. 233. Mr. McMurtric twicc sccured a reversal of the decision of the Dauphin County Court, which had been in favor of the Comnionwealth-the second time with an expression of opinion that binding instructions should have been given in favor of his client. The question was whether the Commonwcalth was entitled to lax profits carned in building a railroad, and which, unelcr thc terms of an assignment of the contract, were to be divided among partics, who werc stockholders in the Credit Mobilier. It was held by thc Supreme Court that the profits so madc were not those of the corporation and not, therefore, taxable as such.

In Lewis, Trustce, v. United States, 92 V. S. 118, the treasury of the general governnient was saved an cnormous sum by thc cssorts of Mr. McMurtric and his collcaguc in sccuring the priority given by the statute to debts duc thc United States, as against the estates of individual partners in the form of Jay Cooke, McCullough & Company. To one of the departments of the government the importance of this victory cannot be overestimated; and Mr. McMurtrie's forensic cfforts by which this success was mainly secured were such as to display in their clearest light his great knowledge of law and his unsurpassed ability as a close and logical reasoner.

The foregoing have been sclected as thosc causcs, which brought Mr. McMurtrie most prominently before the prosession and the public at large, and they illustrate better

, perhaps, than can be done in any other way certain qualities of

his personal and professional character. In one or the other of these causes he showed himself to be a man absolutely fearless in the discharge of duty, capable of a most accurate construction of apparently conflicting public and private rights, one able to handle with case the gravest questions between the State and its citizens, and, finally, one who had the capacity to determine, and enforce upon the attention of the court, the exact measure and just application of doctrines of thc grcatcst importance both of equity and of commercial law, in a casc rcquiring the most profound knowledge of both.

The readers of this magazino may well recall Mr. McMurtric's contributions to its pages, and it is not necessary in this article to dwell upon his characteristics as a public-spirited citizen and a broad-minded and profound lawyer, which were displayed in these writings.


The cditors of the AMERICAs Low RHISTER AND REVIEW cannot refrain from taking this opportunity of expressing their sense of loss in the death of Mr. Richard C. McMurtrie. As Mr. Bispham has said, Mr. McMurtric was a great lawyer. Those of our readers who live far from the city where his life was spent, have only to read the articles which he published in this magazinc to realize that fact, but it is of his personal and professional character, as seen from the standpoint of the younger members of the profession, of which wc desire to speak. All young lawyers who came in contact with Mr. McMurtrie realized, in spite of a certain indifference in manner and bluntness of address, that he felt a sincere interest in the success of their professional labors, and in their acquisition of correct ideas on legal subjects. To those whom he knew were really interested in law as a science, he never failed to pay that compliment which is the highest of all compliments an old man can pay to a young one-the explaining of his own ideas and combatting the young man's opinion as if that opinion was as weighty as the decision of a leamed judge. As a consequence of this characteristic, which was one of the

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