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The Green Bag
metric investigations will exert an abiding influence is shown, for example, by the dis cussion which Professor Ross's prediction that the world would soon see a comprehensive anthropological survey of crime by a labora tory method received at the National Con ference of Criminal Law and Criminology held in Chicago last June. Others following in the footsteps of Lombroso will doubtless in the near future put the science of criminology on a firm basis, so that it will furnish criteria for determining what policies should dominate the substantive, the procedural, and the penal law of crime. Of the unscientific rigime, undue severity combined with harmful indul gence was the inevitable outcome. The new science should put the world in possession of a system of criminal law adequately serving all the ends of social justice, and the inspira tion will have come from the Italian enthusiast whose zeal in collecting facts excelled his mastery of principles. Science, while it values truth above men, will not slight his share in an important movement. HOW MR. ROOT EARNED A BIG FEE A STORY presumably authentic, but the accuracy of which we do not vouch for, is told of the way Senator Elihu Root secured a fee of $250,000 for two days' services to the Sage estate:— After the death of Russell Sage a legal snarl presented itself as to the distribution of the estate, variously estimated at from $140,000000 to $200,000,000. Mrs. Sage, kindly, gen erous and just, wanted the legal question settled quickly and by authority. "I want you to see Mr. Elihu Root," she said to her advisor, "and say to him that I will consider it a distinct favor if he will pass upon this question and give to me his deci sion." Communication was opened up at once with the then Secretary of War. A special messenger called upon him. He was too much engrossed with his official duties to give the request attention. "Please say to Mrs. Sage," said he, "that it will be impossible for me to act. I am not practising law now." "But it is not a question of fee, Mr. Root," said the intermediary. "Mrs. Sage insists that you, and you only, shall advise in this matter." "I repeat," replied the War Secretary, "that
I do not wish to be retained, and you may say that nothing further need be suggested. My fee would be practically prohibitive and I want it to be so regarded." "And that fee would be—" "Well, say $250,000," was the reply, in a tone intended to cut off further discussion. That same day telegraphic communication with Mrs. Sage was opened. "Pay it," she said. Mr. Root was astounded when informed that his "prohibitive" fee was regarded as settled. He accomplished what he had to do in less than forty-eight hours, without appear ing in court and without engaging additional aid, and Mrs. Sage was very well satisfied.
CASES ON JOKES ( jV OTE.—The sittings of the Supreme Court of Joke-idioture are scheduled for the last week of each month at Greenbagville, and if the inter est of the legal profession is sufficient to pro mote litigation in this Court, as we hope it will be, we shall take pleasure in permitting the publication of official reports of our decisions. PER CURIAM.) COOK vs. PEARY Supreme Court of Joke-idioture December Term, 1909. The facts of this case are sufficiently stated in the opinion of the court. TUSH, C. J.—The plaintiff, who is by pro fession a lecturer on Cook's tours, and is the author of "Personally Conducted to the Top of Mt. McKinley" and other standard guide books, brings this action to determine the question of the ownership of the North Pole. The plaintiff recently lectured before the Royal Society of Autograph Collectors at Copenhagen, Denmark, and then and there in formed his audience that by an instrument executed April 21, 1908, and delivered to one Harry Whitney to be by him held in escrow till the conclusion of Mr. Whitney's extended shooting expedition, he had deeded the North Pole to the aforesaid Society. There is no question of the plaintiff having held a clear title, if he had had any title what ever, nor of the validity of consideration, as the proofs of both these matters are in Mr. Whitney's possession and will be presented by him in 1920 if they have not got lost in the
