Page:The Green Bag (1889–1914), Volume 12.pdf/417

 Rh

rank of our distinguished judges. As At torney-General he brought to the perform ance of the duties of that office the learning and ability that made the office itself con spicuous. I do not exaggerate when I say that in the performance of duty he reached the highest standards and never sank into mediocrity. It is difficult to fill the void oc casioned by his death. By it the city suffers a loss; by it the commonwealth suffers a loss; and by it our profession loses a splen did examplar of ability and learning. I am

sure that I do not exceed the just limits of eulogism when I say that he was a brilliant orator, he was a learned lawyer, he was a dis tinguished judge, and he was above all an ac complished and attractive gentleman." The Associated Students, Lawyers Club of Philadelphia, and Five O'Clock Club of Philadelphia have joined in preparing a me morial volume to the late ex-Judge which will shortly appear. This is one of the greatest tributes that can be paid to his memory.

CHAPTERS FROM THE BIBLICAL LAW. IV. THE MANSLAYER IN THE CITY OF REFUGE. BY DAVID WERNER AMRAM. A STEP on the road of law reform is the recognition of the right of sanctuary. In its time this right served a useful pur pose in staying the hand of the kinfolk of a murdered man, and giving to the slayer a temporary refuge, pending the judicial deter mination of the degree of his crime. At common law as well as at Roman law this right was carefully defined and guarded, and we find that in nearly all codes it makes its ap pearance at a certain stage of legal progress. It arose out of the belief in the protective power of the gods, whose anger would be en kindled against any one violating their holy places. Thus the altar, the sacred groves, the temples, afforded protection to those in danger of their lives, and the wrath of the gods kept the pursuer at a distance. At an early stage in the history of the He brews in Palestine, this notion of sanctuary was already well defined and the Mosaic Code has made use of it in the establishment of cities of refuge as one of the practical methods of checking the blood feud. There

are several references to the institution of the cities of refuge, the principal ones being Numbers, chapter 35, Deuteronomy, chap ter 19 and Joshua, chapter 20. We shall take the first of these for our consideration, because it is the most complete, and also be cause it contains a detailed account of the law of homicide. It is characteristic of the Mosaic Codes that they all commence with a verse similar to the one with which this statute commences, basing the law about to be promulgated upon a specific divine decree. And Jehovah spoke unto Moses, saying : "Speak unto the children of Israel and say unto them, When ye be come over Jordan into the land of Canaan, then ye shall ap point you cities to be cities of refuge for you, that the manslayer may flee thither which killeth any person unawares." There had at all times been sacred places in Palestine, af fording refuge to the slayer from the aven ger of the blood, but it was not until a late period, during the reign of the kings, when