Page:The Green Bag (1889–1914), Volume 05.pdf/566

 Rh take the necessary oath in the presence of some thousands of spectators. A third couple from Hirmingham was prevented by illness from engaging in the contest."

Over the mantel in Sir Walter Scott's library at Abbotsford, hangs a print after Stothard's painting of the " Procession of the Flitch of Bacon." showing the loving pair on one horse, escorted by their friends on horseback, and preceded by a piper and one bearing the coveted edible. Why does not Chicago offer a prize of this kind— it is directly in her line — as an offset to her somewhat too ener getic divorce business?

AMERICAN BAR ASSOCIATION. — This body did several commendable things which we failed to chronicle last month. It abolished the award of gold medals for eminent services in law reform. This prevailed by the casting vote of the president. Fifty-one voted. The only award ever made was the double award to Lord Selborne and David Dudley Field. The association elected Judge Cooley president for the ensuing year. Xo fitter selection could have been made. To praise this great constitu tional lawyer would be like painting refined gold. He has the admiration for his abilities and his achievement, and the sympathy in his declining health, of every lawyer in the United States. At the banquet a toast was drunk to Mr. Edward Otis llinkley. Professor Baldwin responding. Mr. Hinkley has retired from the office of secretary of the asso ciation, which he had held from the beginning. A more efficient officer or a more courteous gentle man cannot be imagined He went out in a blaze of glory, too, for he made an admirable speech in favor of congressional legislation for the indemnity of aliens suffering from unlawful conduct of our citizens, on which we commented last month. About one hundred members sat dovvn at the " banquet." How many stood up at the close is not recorded. There is always a quorum on such occasions, with out resorting to Mr. Reed's stringent measures; and they all act promptly and without filibustering.

BOGUS. — As we are informed by one of our ex changes, Mr. F. K. Munton, in a lecture delivered in London, on " Bogus Concerns,'' began by ex plaining what he meant by the term. Although the word " bogus " might sound unparliamentary, a little research had satisfied him that it was not in appropriate, as he found the origin of the term to be as follows: Early in the present century a person named Borghese was convicted in America of a series of robberies founded on the issue of bills of exchange, either in counterfeit names, or pay able at imaginary banks; and the extraordinary suc

527

cess which attended these frauds before their exposure gave rise to the popular description of any counter feit transaction as a " Borghese " one, the word being corrupted by easy transition to "borgus," and ultimately into "bogus." Mr. Munton probably took it for granted that the term was an " American ism," and looking into Bartlett's Dictionary of Americanisms, found that explanation given and credited to the " Boston Courier" of June 12, 1857. Exactly how the "Courier" should have acquired this exclusive information in the nature of a " scoop '' does not appear. It sounds extremely fanciful. If the reduced Italian noble attached his family name to his financial operations, it probably would have appeared in England on his way to America. The "Century Dictionary" does not give this derivation, but suggests •• bagasse,'1 sugar-cane refuse.

CO.MPI-LSORY CORPOREAL EXAMINATIONS. — The Legislature of New York at the last session passed a law enacting that in an action for damages for personal injuries, the defendant may have an order providing for the physical examination of the plain tiff, before trial, by physicians or surgeons to be appointed by the court, under such directions and restrictions as shall appear proper to the court, and upon satisfactory evidence that the defendant is ignorant of the nature or extent of the injuries. This is a recognition of the late decision of the Court of Appeals in Mcijuignan i>. Ky. Co., 129 N. Y. 50, following Union Рас. Ry. Co. v. Botsford, 141 U. S. 250, holding that no such power exists at common law. There would seem to be no doubt of its con stitutionality, as a rule of evidence. We do not believe in its policy, for it is evident that it will be much resorted to, as for example by railroad com panies, to terrify and deter such parties as women from bringing suit. The proper way is to let the jury judge of the weight of the evidence which the plaintiff brings. In most cases it is perfectly satis factory one way or the other. At all events, it is apparent that the act has one grave defect. Such an order should not be granted unless it is made clearly to appear that the alleged injury is of such a char acter that oral testimony of experts on the trial will not disclose it. Mere " ignorance " is not enough.

LEGAL PORTRAITS— It behooves us to speak well of legal portraits when they are good. " 'T is an ill bird," etc. Two large groups of such reach us from the Lawyers' International Publishing Co. of Kansas City, Mo. Each contains some seventy small portraits, inscribed in every instance with the date of birth of the subject, and of death in case of those deceased. In most instances they are sur