Chicago eagle. [volume] (Chicago, Ill.) 1889-19??, 1902-08-09

Blrkett's firm was held to be guilty Of
fraud. "Disregartiing mere forms and
methods II cannot he doubted that the
defendant spoke false una deceitful
words to the plaintiff through the ageni
cy just as effectunlly ms II they had
met fnce to face and the statements
had been made directly and personal.
IT," Whether this II good law or not
It seems excellent justice. One can.
not help feeling that statements made
to n commercial agency are made to the
public and that when the public Ii mis-.
led by them II ought to have some rem.
cdy. The second Of the two decisions
mentioned Is concerned with certain
aspect Of the relations between bank
and Its customer. A New York firm
deposited with the Chemical National.
The firms credentlal man fell Into the
llabi; OF raising the firms checks. He
put one figure ON the stub Of the check
aud another on the check itself. The
difference between the two figures he
appropriated TO his own use. He kept
on doing this for two years. During
all tia; time the Arm never compared
the returned checks with the stubs. Il
seems odd. therefore. that when the
ultimate disclosure came the first thing
the firm tried to do was to get the bank
to reimburse II for It's losses. Naturally
the bank refused. Then came the suit.
The lower courts found for the plain.
tiff. The Court Of Appeals found for
the defendant. The plaintiff. Il is held.
! ought to have examined It's vouchers
and notified the bank Of ali dlscrepan.
cbes. This decision seems to bc a.
righteous as the other. A tirm cannot
ask q bank to protect It against Its own
employees and It's own neglect to make
sure that they were not swindling It.
~eA
The last official act Of Judge Andrew
Ellison. who died In st. Louis recently,
and who for twenty-five years was .
circuit Judge at Macon. NO.. swas to re.
fuse decree for divorce. When the
divorce proceedings came up for trial
the Judge waved aside the lawyers and
took the case himself. He asked few
questions and read numerous letters
written by the parties to each other.
Then he said to the litlgants:
II suppose that you have both been
hasty at times, but you have three lit.
tie children. who are not responsible
for these troubles. The law OF both
God and man says 1t IL your duty to
rear these chlldred. and In the face Of
the fact that you both come from good
people and have good hearts. I will
not be an instrument-the last act OF
my Otiicia. life will not result In the
severance Of two young people and In
the ypaking Of orphans OF three little
children. will not do It." 1t was
Just before Christmas. The Judge, an.
other daniel come, to Judgment"
pleaded with the couple to return homo
together and to-day they are living In
harmony. UnhappIly for society. few
judges will thus exert themselves for
the reconciliation of man and wife.
They forget that 1t 10 the aim OF the
law to reform. to pacify and to concil.
late. In fulfilling the letter Of the law
they forget the spirit Of II. Moreover,
this judge knew all the stops Of the
human organism. He knew what
heart strings to touch. The weakness
Of the belligerent husband and wife was
the children. Three little children,
three tender ties between husband ana
wife that Hatred could not dlsentangle.
These could never be This children"
nor "her children" Always and for.
ever they would be "Our children"
The little ones had done no wrong.
Why should they be branded and hu.
inflated and made forever sore Of
heart? That was the tender spot and
the judge touched 1t deftly. Because
1t is the best thing left to us from
Paradise the home lives always In the
shadow Of Its foes. The devil would
have only man and wife inside its
walls. But God, knowing Its needs.
sends children.