davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1922-10-29

to say nothing of grownups, would
realize from a daily perusal Of the
weather maps and the weather bulle-
tin that were the cold Labrador Cur
rent damned or diverted at the Strait
Of Belle Isle. as has been suggested
might be done, no one in eastern Can
ada or in the northeastern coastal re-
gion Of the United States would be
the wiser. since the cold continental"
climate Of our eastern coastal regions
Is due to conditions developing from
within the continent to the westward
considered as a whole.
And the rea son why the climate of
the northeastern seaboard of the
United States Is not affected by the
water OF the Atlantic Ocean, or any
current in the Atlantic Ocean, hot or
cold. that lies to the east Of the shores
Of North America is simply because
the drift of wind and weather Is ex-
ternally from the west to the east.
And were the water masses of the At
lantic Ocean to continue to drift north
eastward. moved by the permanent
wind circulation from the west. as
luey uO dt pIeScill, diiQ WtiS liic
currents Of the north temperate zone
to continue to move eastward as they
do, 1t must be plain to everyone that
the Gulf Stream might be actually
damned at the Straits Of Florida with
out England or northwestern Europe
ever knowing anything about it. cli-
matically speaking.
For the sinconsiderable shiftings of
the Gulf Stream due to wind pressure
Of long continued and cosmical char
acter are negligible in every way just
as the stream itself at its best is un-
important as climate maker. The
real cause Of climatic variation. the
land and water masses Of the globe
having been the same these thousands
of years. Is the variation In the solar
radiation which variation affects the
air pressures and air movements on
the earth. These solar vagaries are
known to science; in time the solar
variations may be anticipated and the
coming variations in climate and sea-
sonal weather forecast according to
the known laws Of meteorclcgy. But
all this Is dealing with tn 3. with
aerial currents. chilled or warmed up
on grand scale and not with such
trifes as oceanic currents. hot or cold
damned or undammed.
The New York herald., 1922-10-29

Tunnicliff inserted in New York city
wspapers an advertisement for the
heirs of John William Campbell. Two
heirs appeared. who signed an agree
ment for a contingent fee of so per
cent. Of the amount recovered. Mr..
Tunnicliff took legal steps in San
Francisco to have the money in the
bank paid to these heirs.
Heirs Sought to Cancel
Fifty Per Cent. Agreement
Later the heirs undertook to cancel
the power OF attorney and the so per
cent fee agreement. They brought
actions in equity In the New York Su-
premc Court. Special Term decided in
their favor on the ground that they
the right to change their lawyer
II they wished that the agreement
it'll them was champertous and there
fore Illegal and void
Mr.. Tunnicliff appealed to the Ap-
pelate Division for the First Depart
ment. which held that the Campbell
heirs had a right to change their at
torney. but struck out the part of the
Special To-r- doc'~'o~ deciding that
agreement was champertous ana
therefore Noq 4o.n des appealed to
the Court OF Appeals. which overruled
the modifica 'ior r,nde nv the Appellate
'ivision and affirmed the decision and
''ngs of the Special Term.
Disciplinary proceedings were then
instituted by the Association of the
Bar of the City of New York TO punish
Mr. Tunnlcliff for having made this
agreement on the ground that he had
committed an offense in violation OF
subdivision two. section 274 Of the
Penal Law forbidding an attorney. by
himself, or by or in the name OF an
other person. either before or after
action brought. promise or give or
procure to be promised or given val
liable consideration to any person as
The New York herald., 1922-10-29

torney. who for some years has
specialized in discovering and locat-
ing heirs or claimants OF estates.
There are hundreds of dormant ac-
counts in banks, especially savings
banks, where the depositor has died
and the heirs do not know Of the
existence o. the deposit. In the Sur
rogates' Courts there are Wills filed
making bequests and legacies to rela-
tives and friends who may have moved
away or died and whose heirs know
nothing about the money coming to
them unless some one tells them.
It was Mr.. Tunniclifrs custom to
look up the owners Of dormant bank
accounts and heirs to unpaid legacies.
In doing this he frequently received
the aid OF banks and executors. A
bank desires to have It's old and dor
mant accounts disposed of as 1t has
to carry them on its books, advertise
In a specified way from time to time
list of these accounts and after a
stated number of years to turn them
over to the State. Executors cannot
we'll close their accounts and have
their fees paid in full and their bonds
discharged while there are unpaid
legacies.
The form of retainer which Mr..
Tunnicliff used read as follows:
"a. Said first party agrees to ad-
vance for the benefit Of the party OF
the second part all necessary costs
and expenses looking to the recovery
of said estate and property"
In 1916 Mr.. Tunnicliff received from
San Francisco correspondent news
paper clipping saying that John Will
lam Campbell. an aged carpenter, had
died in relief home leaving $50. 900 in
cash in bank to his two brothers.
Thomas and Edward. who were living
somewhere in New York State or in
Maine when the will was made. Mr..
The New York herald., 1922-10-29

water or any kind Of water over to
the shores Of England, Iceland or
Norway. since when this much over
rated ocean current reaches the lati-
tude and longitude of Cape Race,
Newfoundland, it turns southeastward
and does not differ In temperature
and set from the rest of the ocean,
impress those who find, as many 9TH
ers do the moon, in the Gulf Stream
ar easy object to explain any pheom-
cna In climate or weather, which they
cannot understand.
None Of these things, however. nov
the most reassuring fact Of all that
the mild climate. of northwestern
rope with all it's possible annual va,
tions would not be affected by any
dsmming or diverting or DETECTING the
Gulf Stream at the Straits of Florida,
or anywhere else in It's course, so long
as the eastward moving aerial drift,
which is the sole distributor and de-
terminer of climates. remains the
same. will have any effect on either
the latest English Gulf Stream au
thority any more than 1t had on Cap.
Silas Bent of st. Louis, who, back
Ltle fOS, WdNteu Tie JONeTIl1leIlt "
the United States to revenge itself
England for It's hostile attitude during
the civil war by building a dam at the
Straits Of Florida SO that the Gulf
Str cam would be blocked and, accord
irg to Capt. Bent, by such a blockade
England would have the climate Of
Labrador and would be thus done fo~
| for all time. For there is, indeed.
| nothing more amazing than the II
versal and widespread acceptance to.
| cay of the Gulf Stream fallacy.
And yet not meteorologtst of any
| ~tanding in this country or In Europe
| nut has proclaimed for several gener-
| 'tions the facts as to climatic causa-
| ion being a function of the general
'erial circulation of the globe, which
'erial drift alone distributes the
fleets OF the permanent land ami
| water masses In this climatic causa-
| ion the warm or cold currents of the
ocean. which are themselves the direct
result Of the permanent wind cur
rents, play an insignificant part being
merely a small area Of the enormous
masses of the oceans considered as a
whole. which enormous masses Of
water do affect and determine climates
The New York herald., 1922-10-29
Distinguished Sponsors
Keep the Theory Alive

With scientific authorities in Eu-
rope worrying about the Flagler Keys
and with our own school book writer's
either conditioning error or very tep-
idly giving recognition to the real
facts in climate making. which have
been established beyond controversy
by meteorologists for half a century
or more, it is not astonishing that the
Gulf Stream myth should be accepted
so glib'y in lay circles. It is unfor-
tunate, however, that the real facts as
to climate making by the aerial cir
culation which distributes the perma-
nent seasonal effects of land and water
masses conditioning oceanic" and
continental" climates are not more
clearly set out in the school geog-
raphies, for IL they were every child
The New York herald., 1922-10-29

II has often been discussed whether
me contingent fee business should
he deprecated or encouraged The
opprobious epithet OF Ambulance
chasers'' is applied to some negli-
gence lawyers who employ staffs OF
Investigators and solicitors to adver-
tise them and bring them business.
II Is against the law to pay any
person except another lawyer to bring
IN business. but II is lawful TO hire in
vcetigators 10 hunt up witnesses and
get their statements, and subpoena
witnesses and clerks to prepare and
serve papers. II employees hired and
employed for this purpose should
recommend their employer as an ex-
cellent lawyer for a man who has lost
n leg 10 employ 1t is difficult TO draw
the line where the legitimate employ
ment ceases and the cham perty begins.
Certain II is that without this sys-
tenn of contingent fees and st7ffe NJ
trained investigators and witness
procurers thousands of men and
women who have been injured in acci-
dents and recovered substantial sums
would be much worse off There are
even cases when the liability is clear
and Judgment against the defendant
Is certain OF collection that contingent
fee lawyers have furnished doctors
and paid the hospital expenses and
practically supported their clients un-
I'll their cases were tried.
The negligence calendar Of the
Supreme Court is two years behind in
New York county. That means that
II ,ae defendant prolongs tho matter
and gets extensions OF time IL may be
three years before the trial, with the
opportunity of appeals thereafter. 1t
would be a great temptation for n
man who is seriously injured and in
capable OF earning living or paying
his Doctors bills to take n modest
The New York herald., 1922-10-29
Egypt Lacks Craftsmen,
And Needs Promoters

Egypt. once the paradise of crafts
men. has none to-day worthy OF COM
parison with the artisans OF modern
nations With the exception OF cigar
ette factories, she possesses not n sin
gle mandatory worthy OF the name !:
yet she has ample labor very cheap
and able quickly TO learn simple in
dustrial arts. and the rents for build
ings are moderate. since taxes are
light.
American or European industrialists
who are willing to assist in the devel-
opment OF this ancient land of the
Pharaohs in modern lines can get val
liable concessions from the Egyptian
Government. which has appointed an
economic council. under the presidency
of the Minister Of Finance TO take
measures to extend industry in the
Nile valley.
Experiments with bootmaking. fur
niture, rugs. silks and yarns, metal
ware. pottery ware. &C.. have proved
they can he successfully developed in
Egypt. What is needed are promoters
who will organize and manage new in
dustrial enterprises.
The New York herald., 1922-10-29
By WIN. MeMURTRIE sPEER.

r r is dangerous for lawyer to ad-
vance the expenses of a lawsuit.
= under the opinion Of the Appel
late Division in the matter of Nielsen
II. Tunnicliff, an attorney. This de-
cision applies to the thousands OF neg
ligence cases and other claims where
the plaintiff through lack Of means is
unable to pay the expenses and where
lit has been customary for the lawyer
to make contingent arrangement
and advance the expense.
without the custom of contingent
fees many men and women with good
and valid claims would not be able to
have their claims tried, through their
Inability to pay a lawyer II is prob
able that In half the cases on the Su-
preme Court calendar there is a con-
tingent fee. A contingent fee means
that there is an agreement or under
standing between the lawyer and his
client that If the case is won the law
yer receives a fixed per cent OF the
amount of money recovered, and that
IL the case is not won the lawyer is
not paid.
In every law suit there are expenses
the cost of preparing the papers and
serving them. the clerks filing fees
and note Of issue fees. the cost Of in
vestigating the facts and subpnnaing
the witnesses. the jury fee, the clerk
fee for entering Judgment. with addl-
uonal expense in case Of an appeal
FOR printing and stenographer's SER
vices.
Somebody must pay these expenses.
Usually in contingent cases they are
advanced by the lawyer, who reim-
burses himself out of tho proceeds IL
the case Is won and loses his advances
IL the case Is lost.
Mr.. Tunnlcliff is an experienced at
The New York herald., 1922-10-29

cutting their claim. but that he only
advanced It," and that he expected
and was In the habit of reimbursing
himself for the advances when the
claim was collected.
The ordinary contingent fee agree
ment does not contain any reference
either to advancing or giving the ex-
penses Of the litigation. but provides
that in addition to the contingent fee
the lawyer shall receive the amount of
his disbursements. The lawyer does
not in writing agree to make the dis
bursements. but he does make them.
except where his client pays a retainer,
which applies to O very small proper
ton of the negligence cases.
The contingent fee business is a
large proportion of the volume OF liti-
gated cases. BY means OF these con-
tingent fee contracts and a provision
of law which gives the lawyer p lien
on the Judgment for his pay poor
litigants are enabled to get highly
skilled lawyers to represent them.
Some Of the keenest members of the
New York bar make specially OF con-
ungent fee cases. When they are sue
cessful IL is much more profitable than
Q cash retainer and fee.
Take a case like this Campbell
matter. These heirs on paying a $500
or $1,000 retainer fee could have Sc
cured lawyer to make an agreement
with them by which their maximum
payments would not have exceeded
$4,000 instead of the $4,000 which
a so per cent. contingent fee would
realize. Naturally where lawyer
pays out several hundred dollars in
cash besides the use of his office staff
and facilities and takes a chance OF
ever getting a cent of II back his
charge will be several times as much
on speculative basis as on cash fee
basis.
The New York herald., 1922-10-29
Chart No /.

States Weather Bureau of October reveals
air circulation moving
Of
regions This form OF crcu
anti
barometer vortex is
Of
Chrismasses
Q ocea Of them.
The New York herald., 1922-10-29

by reason Of the fact that their miti-
eating effects of moisture and tenn
perature are distributed over the land
by the permanent air circulation of
the globe. which circulation in the
North Temperate Zone moves eter-
nally from west to east.
Aerial Currents Garry
Climatic Mitigations
It is because the aerial drift carries
the mitigating effects of the Atlantic
Ocean considered as a whole over
northwestern Europe that that ia
vorcd section of the globe has a mild
oceanic" climate, just as similar
transference eastward of the mitigat-
ing effects of the Pacific Ocean taken
as whole gives an oceanic" climate
to Alaska and the northwestern coast
of the United States as far south as
Oregon.
Moreover the part that the Gulf
Stream and the northeastward NOV
ng water borne currents, the so-called
Gulf Stream drift. play in warming
up the Atlantic. so as to give southern
England at times the climate OF Ber-
muda, has been violently exaggerated
by all writer's on the physical geogra-
phy of the sea and the land and the
much more vital and undisputed gen.
eralization of meteorology have been
overlooked. .
Those indeed who were responsible
sor Capt. Bent's belief that the Gulf
Stream alone saves England from
being a second Labrador, and those
specialists whose school books and
popular Biographies have justified the
attest authority in England In crying
out against any American tamperins
with the Gulf Stream at the Straits
of Florida. concentrate all their atten-
ton on the phenomena Of the water
currents of the ocean, and not on the
real distributors of climate. the per-
manent winds of the globe ard the
general circulation of the air. which
general circulation, with all sorts of
normal" possible annual and secular
variations due solely to variations in
the solar output, has not been affected
by anything man has done within his
toric times. Nor has this circulation,
with all its known varia tions from the
normal. been changed permanently
The New York herald., 1922-10-29
Ct1art No 2.

r. A. g.
movement
inchesfrom
of so o'clock in the carried
of
North give the States the continental weather cool
cooled
move Atlantic
The New York herald., 1922-10-29

settlement where he might receive
rom a jury a large verdict.
The evils of the contingent fee neg
ligence business would be greatly
diminished IL these cases cou'd be
promptly tried. AS II is, a business
man who sues on a promisory note
or for goods sold ard delivered can
have his case tried In comparatively
short time when a man crippled from
an accident can be forced to wait for
years.
The New York herald., 1922-10-29
Lloyd George Blamed
For Coming Near to War

At the present time the British Gov
ernment, especially Lloyd George. Is
indicted by public opinion in Great
Britain, not for having avoided that
war but for having dragged the ma
ton so ae;-- IT'S abyss by laundering
diplomacy and provocative manifes-
toes. Deep tides Of public opinion in
England and Scotland are rising to
overwhelm the statesmen who risked
that chance of war when in the judg-
ment Of all classes 1t was unnecessary
and avoidable. Is American opinion
hostile to that manifestation Of the
peace spirit in Great Britain? II so
1t Is greatly inconsistent and woefully
misled.
1t was not cowardice but the COM
mon sense OF the people Of every class
which forced the British Government
to avoid hostilities. It was not by the
surrender OF honorable principles but
by upholding the ideals Of peace and
conciliation. in the spirit Of the WASH
ington conference, that England de-
cided to refrain from war. The only
point Of principle, the freedom of the
straits was already acknowledged by
the Turks. Standing alone, without
French support, England could not
check tho inevitable massacres Of
Christian minorities in Constantinople
and Asia Minor. which now, by mill,
tary arrangements between British.
French and Turkish officers, have been
avoided.
Misery beyond words. suffering that
will never be told, tragedy beyond
imagination have befallen those mill
lions of Christian refugees now in
flight; but It is certain that IL the war
had happened their agony would have
! been worse, their blood would have
soaked the earth. For British bat
talions fighting alone would have had
to concentrate at strategic points and
would not have been in numbers suffi-
cient to police the great territories
where the Turks. innamed by passion,
had Christian communities at their
mercy.
The question which England wants
to ask American peoples is this Are
the United States ready and willing
even now to fight with Great Britain
in a war against the living power oi
Islam? II not then why this criticism
Of England's endeavor to avert that
by craftsmanship? That is the atti.
tude of public opinion In Great Brit.
ain. Personally I feel that this prob
lem goes deeper than that. 1t is not
In my mind. whether the United States
will support Great Britain in war but
whether American opinion will support
It In policy Of peace? And not only
peace between England, France and
Germany but peace in the Eastern
world.
The New York herald., 1922-10-29
Concessions to Turkey
Made to Avert World War

But the American people cannot
have 1t both ways. They cannot ac-
cuse the British Empire of militarism
In one breath and with the next up
braid it for avoiding an ordeal by battle
and making great concessions for the
sake of peace. They cannot call upon
England to reduce her army and fleet
and pay her just debts and at the
same time sicken with reproach be-
cause England. single handed. with no
promise or prospect OF American sup
port, or any other, relies on diplomacy
rather than arms to avoid conflict
which would have spread like raging
fire throughout the East, cost vast
sums OF money and a new and terrible
sacrifice of blood and. beyond any
doubt. threatened another world war.
For they are only foolish and igno-
rant folk who believe war would
The New York herald., 1922-10-29
No Disarmament While
Near East Is AHamo

Europe cannot disarm If the East is
aflame. Demobilization of the stand
Ing armies and reduction of fleets cam
not go hand in hand with crusades
against the Mohammedans and rule
of the sword. 1t must be one thing or
the other, and public opinion must
either reassert rule by force or rule
by agreement. In Europe there Is
steadily growing conviction in Liberal
opinion that force may be limited to
police measures against actions which
threaten peace and public security.
That is the supreme idea to which we
are all cropping our way, and which one
day may be fulfilled by the League Of
Nations acting as an international
court OF justice IN behalf Of all nations.
Why Is that ideal Immediately de-
void OF power? Why is the League Of
Nations utterly impotent in such
crisis as that threatened by Turkey7
Very largely. Il is because the United
States is outside that council OF ma
lions and has given no spiritual or
diplomatic support TO its arbitrations
and awards.
In Great Britain to-day there is a
political struggle in progress of ex-
treme Importance, not only to British
citizens but much more to humanity
at large. What is being fought out is
not the ascendancy OF one political
party or another. or a chance of VIC
tory or defeat for Lloyd George. but
the tremendous question between
war policy or peace policy. II Lloyd
George goes down II will be because
y - t.
lating his previous records on behalf
of European peace.
But another aspect OF the case turks
behind that decision. II is the ques-
ton OF British friendship with France,
which is terribly strained by a kind
OF personal feud between Lloyd George
and French opinion. France has made
the British Premier a kind OF whip
ping boy for all their disappointments
and disilluslons over the peace OF Ver-
saiiles. The French press insulted him
wi-h deliberation and intense and pas
sio.ate hatred. They drew sharp d,s-
tinction between LLOYD George policy
and British opinion when as a matter
OF fact they closely coinc!ded
Irrita;ed by this vendetta Lioy6
George lost his temper more than once
under extreme prov7-'a'ion and slashed
back He was personally justified. but
as a representative OF the British En-
pire his sharp words 20 France were
disastrous in effect. He gives any
Government that follows him a SUI
preme chance OF reaffirming the En-
tente Cordiale and settling all differ
ences on a new basis 1t Is the firm
80 he Ig,fttct, y,ot
this must be done at all costs TO secure
future peace. But II cannot be done
in my judgment unless the United
states acts as arbitrator in the matter
OF Gerr~-n renarations ~~' as the
creates; .conomic Power world
uses it's influence for wof tlement
Copyright, io2c. hy the Mcclure Nevspspe
Syndicate.