were usually known as " love-apples. This explains a very dark mystery. Mr. Rogers falls into error in saying that none of the judges in New York are over sixty years of age. Probably most of them are above that age, and they can keep on judging until they are seventy.
NOTES OF CASES. ' THE March number of " Green Bag " lias been scanned by one of the obscure family referred to in its columns, and space is asked for some comment on " Notes of Cases." If President Polk " cannot possibly be remembered for anything he did," and if his family are so "obscure," why is the valuable space of "Green Bag" given to these people, whilst there are so many in the present justly famous, and so many whose history would render its columns entertaining. Periodicals that are finding fault with the Polks for removing the President's body should reflect that they are disturbing his spirit by their unkind criti cisms of himself and his administration. The truth is, the "old-line Whigs" have never forgiven James K. Polk for defeating Henry Clay. As to the " obscurity of these people," their great grandfather signed the Declaration of Independence. One of them was Minister to Naples, and Major by brevet in the Mexican War. Among them a MajorGeneral and a Colonel in the Confederate service, an ex-judge of chancery, and a poet of marked merit. This talented young man came into the world with
- he tocsin of war sounding about his infant ears,
while he was being rocked in the cradle of luxury; but his young manhood has been trammelled with poverty and infirmity of body, or he would be at the pinnacle of fame. As it is, he is not unknown as a brilliant lawyer. Many of the women of this family are shining lights in a circle that seeks its crown of fame in the here after. Two of them have enlisted in the great cause for which George T. Angelí is battling,1 — one, Presi dent of a National Golden Chain Band of Mercy; and the other, founder of an Orphans' Home. The "American Law Review " " will not print their names; " but the foregoing mention will point them out, each and every one. With regard to the setting aside the will. Judge Catron of the United States Supreme Court informed Mrs. Polk, soon after the President's death, that the will could not stand a legal test, and for forty-four years it has been known that the State of Tennessee could not execute the trust. After the will was 1 Prevention of cruelty to animals. — ED.
broken, the family waited a year for the convening of the Legislature, hoping that the State would purchase the property for a much-needed Governor's mansion. This would do away with the necessity of removing the sacred dust. The State was not in a financial condition to buy. The family then petitioned it to allow removal to the Capitol grounds, which would be a permanent resting-place and under the eye of the State as it were. This was readily granted. The family bears the expense, and the Governor will select the spot and have the removal done with fitting ceremony. JUSTITIA. . МаУ 5. '93We gladly give place to the foregoing comments, although they would have been more properly ad dressed to our brethren of the " American Law Review." It is needless to say that they are written by a lady, — their delightful want of logic shows that. It gives us real joy to learn that the great-grandfather who signed the Declaration of Independence is still living, as of course he must be to be one of " these obscure persons." And it gives us peculiar pleasure to learn that one of them is a brilliant lawyer, and still more that another is a poet. Reverence is due to poets. That accounts for our own self-esteem! Our gentle corrector is correct, probably, as to the animus of our part of this offence. We were an " oldline Whig," and we never shall forget our chagrin at the defeat of Harry of the West, — we being nine years old at the time. On the whole, it seems that our offence consists exclusively in quoting from the "American Law Review," which we presumed to be well informed on the subject; and we commend our correspondent's protest to the attention of the candid, although combative editors of that periodical. And so we pray pardon of the Signer, the minister, the soldiers, the judge, the lawyer, and above all, the Poet! — ED.
WESTMINSTER ABBEY IN COURT. — We never dreamed of seeing the old Abbey in court, but here it is, and not in Westminster Hall at that! In Saunders v. Neil. Court of Appeal, 68 L. T. Rep. 183, the plaintiff registered as a design for the handles of spoons a particular view of Westminster Abbey taken from a photograph; and the defendant having commenced to sell spoons with a design on the handles which was substantially the same, it was held that the words " new or original design not previously published in the United Kingdom " in the statute do not require novelty in the idea of the design itself, but novelty in the way in which the de sign is applied to some article of manufacture; that this design being novel in its application to the spoons, its novelty was not destroyed by its having
