dividends out of its capital and purchased for bank its stock, diverted funds may be recovered for subsequent creditors of bank in suit against directors and sellers of stock.-Jesson v. Noyes, U. S. C. C. A., 245 Fed. 46.

16. Imputable Notice.-Knowledge of president of national bank that funds deposited by stockman were derived from sale of cattle mortgaged to plaintiff, held not imputable to bank, so as to charge funds with trust; president and depositor being participants in scheme fraudulent, if not criminal.-Interstate Nat. Bank of Kansas City, Mo., v. Yates Center Nat. Bank, of Yates Center, Kan., U. S. C. C. A., 245 Fed. 294.

17.-Overdraft.--If a director of a trust comaccount pany charged with overdrawing his parted with the check which was certified, situation as to him was as if drawee had paid it.State v. Scarlett, N. J., 102 Atl. 160.

18. Bills and Notes-Accelerating Payment.— Provision in a mortgage, securing a note payable two years after date, that on default in any interest the whole interest should become payable, related alone to a foreclosure, and did not accelerate time of payment of note, and action on note after first default was prematurely brought.-Alwood v. Harrison, Okla., 168 Pac.

440.

19.- -Certificate of Deposit.-Bank's certificate of deposit, reading that A had deposited $4,950, payable to order of himself on return of certificate properly indorsed, and specifying interest payable, was negotiable instrument, being payable on demand under Thompson's Shannon's Code, § 3516a6.-Easley v. East Tennessee Nat. Bank, 198 S. W. 66.

20. Innocent Purchaser.-Where purchaser before maturity of note paid full value therefor, that she knew that payee was indebted to others did not defeat transaction, unless she knew of fraudulent purpose to defraud creditors.Whitney v. Day, Ore., 168 Pac. 295.

21. Stated Account.-Debtor giving note in settlement of stated account and grossly negligent in not informing himself as to its items, could not plead as defense to action on note that certain items were fraudulently placed in the account, in absence of any artifice preventing his discovery of fraud.-Gleaton v. Georgia Nat. Bank, Ga., 93 S. E. 1023.

23. Carriers of Goods Stating Value. By Act Cong. March 4, 1915, c. 176, the Cummins Amendment to Carmack Amendment to Interstate Commerce Act, interstate carriers are liable for actual loss, notwithstanding limitations of liability in receipt, contract or filed tariff, where goods are hidden by wrapping, etc., unless where they are so hidden, it requires shipper to state their value.-McCormick v. Southern Express Co., W. Va., 93 S. E. 1048.

24. Carriers of Live Stock-Limitation in Suit.-Provision of contract for shipment of

live stock, requiring actions for damages to be brought within six months after cause of action accrued, was a bar to action for damages brought after that time.-St. Louis & S. F. R. Co. v. Taliaferro, Okla., 168 Pac. 438.

25. Ordinary Negligence.-Where a railroad engaged to carry mules free for its contractor to do repair work to place where work was to be done, it was liable for ordinary negligence resulting in injury to mule.-Bush v. Beason, Ark., 198 S. W. 130.

26. Carriers of Passengers-Baggage.-Where passenger procures another's property to be carried as baggage, the carrier, without knowledge of true ownership, is a gratuitous bailee, and liable to owner only for loss or damage from its gross negligence or willful misconduct.-Lusk v. Bloch, Okla., 168 Pac. 430.

27. Res Ipsa Loquitur.-Doctrine of res ipsa loquitur held not to apply to case of passenger injured by slipping on sill of Pullman car of latest type and in perfect repair.-Connell v. Oregon Short Line R. Co., Utah, 168 Pac. 337.

28. Champerty and Maintenance — Agreement to Pay Costs.-Attorney's contract for contingent compensation, whereby he is to pay entire expense, control settlement, and be jointly interested in the property recovered, held unenforceable in equity.-Jones v. Pettingill, U. S. C. C. A., 245 Fed. 269.

29. Possession.-In action to recover part of lot encroached on by building, deed of release from defendants' predecessors, purporting to release to defendants part of lot in question. being void for champerty and made after termination of the dispossession and after filing of lis pendens, was of no service to defendants.-Belotti v. Bickhardt, N. Y., 167 N. Y. S. 19.

30. Commerce-Carriage of Mail.-Interstate transportation of mail held covered by the federal Employers' Liability Act, whether the railroad is acting as a common carrier in such transportation or as an agency of the government.-Zenz v. Industrial Accident Commission, Cal., 168 Pac. 364.

31. Franchise Tax.-Ky. St., § 4077, requiring railway companies to pay franchise tax, does not use the word "franchise' in its technical sense, and the legislature did not thereby undertake to tax the right of either domestic or foreign corporations to engage in business in the state, or levy a tribute on the right of foreign corporations to engage in interstate commerce.-Baltimore & O. S. W. R. Co. v. Commonwealth, Ky., 198 S. W. 35.

32. Constitutional Law-Public Service Commission. An order of the Public Service Commission that street car service must be increased, after hearing on proofs, with opportunity to street car company to appear, is not a taking of property without due process of law. Brooklyn Heights R. Co. v. Straus, U. S. D. C., 245 Fed. 132.

34. Corporations-Promoters.-Where fraud of promoters of corporation infringed corporate rights of their associates as shareholders, the corporation was a proper party plaintiff in an .action against promoters to recover secret profits obtained by fraud.-Jarvis v. Great Bend Oil Co., Okla., 168 Pac. 450.

35. Covenants-Quiet Enjoyment. - Defendant's predecessors having paid taxes on wild lands for seven years next preceding date of deed from defendant to plaintiff, possession rested in defendant, so that his covenant for quiet enjoyment was not broken until plaintiff's possession was disturbed.-Smith V. Boynton Land & Lumber Co., Ark., 198 S. W. 107.

36. Customs and Usages-Violation of Policy. -Under a policy providing that, if there was any benzine on the premises, it would be void, "any usage or custom of trade or manufacture to the contrary notwithstanding." a custom of the business in using a small amount of benzine cannot be shown to excuse the violation of the policy, making it void.-Ertischek V. New Hampshire Fire Ins. Co. of Manchester, N. Y., 167 N. Y. S. 58.

37.

Damages-Evidence.-In action for injuries at interurban railroad's crossing, it was proper and material for plaintiff to show his inability to use his leg after the accident, and showing was not necessarily objectionable because it appeared on voir dire examination that plaintiff had been subjected to another accident. -Southern Traction Co. v. Owens, Tex., 198 S. W. 150.

38.-Punitive.-In an action for alleged unlawful, willful and malicious expulsion of plaintiff from defendant lodge, punitive damages may be recovered, though no charge of fraud was made.-Little v. Henry, S. C., 93 S. E. 1008. 39. Death-Damages.-In action against railroad for death on track, testimony that decedent was industrious farmer, good producer and experienced scientific farmer, was admissible as bearing on question of damages to decedent's next of kin, who lived with him.-Smith Cleveland, C., C. & St. L. Ry. Co., Ind., 117 N. E. 534.

V.

40. Simultaneous.-Relative to issue of simultaneous death, or survivorship, where husband and wife were killed in collision of train with auto, evidence of better condition of health of one held admissible in connection with expert opinion of materiality of such condition.Robson v. Lyford, Mass., 117 N. E. 621.

41. Divorce-Desertion.-To constitute desertion, actual withdrawal of one spouse from the other must be with intent to sever cohabitation, and protestation of lack of such intent is overthrown by persistent and inexcusable refusal for unreasonable time to resume cohabitation.Fisher v. Fisher, W. Va., 93 S. E. 1041.

er of land abutting on highway above high water mark because state was not made party to condemnation by legal notice.-Hale v. Record, Okla., 168 Pac. 420.

44.- -Special Damages.-The owner of land, part of which was taken for construction of a highway, could recover as special damages to the remainder the value of a well which ceased to flow owing to the blasting and excavation done upon the land taken.-Erie County V. Fridenberg, N. Y., 117 N. E. 611, 221 N. Y. 389.

45. Estoppel-Plat.-Where plaintiff, an owner of two lots, deeds one according to certain original plat, in action involving boundary, wherein defendants deny any agreed boundary, but claim under the deed, such plat, although later surveys shortened the block, is binding on defendants.-Boyd v. Miller, Ind., 117 N. E. 559.

46.

Ferries-Trespass.-Landing of ferry boat at or against end of public highway is not ipso facto an injury to or a trespass upon abutting landowner's rights as owner of the fee, being subject to public easement.-Hale v. Record, Okla., 168 Pac. 420.

47. Fraud-Fiduciary Relation.-A party to a transaction, by pleading ignorance and inexperience and declaring her reliance on the other party, cannot impose a fiduciary obligation or status on such other party, unless consented to. -Southern Trust Co. v. Lucas, U. S. C. C. A., 245 Fed. 286.

48. Frauds, Statute of-Contracts.-Where decedent agreed to leave another realty on his death in return for care and nursing, neither possession of property nor making of improvements by other is requisite to take case out of statute of fraud, his services to decedent not being measurable in money.-Velikanje v. Dickman, Wash., 168 Pac, 465.

49. Demurrer.-Where writing set out in petition in action for seller's breach of contract of sale did not make a complete contract, and agreed price was over $50, demurrer to petition on ground that contract was within statute of frauds was properly sustained.-Evans v. Atlanta Paper Co., Ga., 93 S. E. 1023.

50. Fraudulent Conveyances-Innocent Purchaser. Where grantee of land in consideration of his agreement to support grantor and wife knew of grantor's debt, and that grantor was conveying to him all his property for consideration of doubtful adequacy and one deemed by law constructively fraudulent, he was not innocent purchaser, entitled in equity to compensation for improvements prior to existing creditors of grantor.-Walker v. Williamson, Ky., 198 S. W. 10.

51. Habeas Corpus-Appeal and Error.-Writ of habeas corpus will not issue, when the investigation will in effect be an appellate review of what has been determined by some other tribunal of competent jurisdiction, as determination by the established military tribunal of liability to draft, depending on citizenship, in the absence of arbitrary denial of rights.-United States ex rel. Troiana v. Heyburn, U. S. D. C., 245 Fed. 360.

52. Highways-Obstruction.-Where plaintiff, with others, had obtained a prescriptive rightof-way across land to a public highway and

there was no other egress to the public road, she was entitled to damages from the county for an obstruction of such road by the lowering of the grade of the main road.-Morgan County v. Goans, Tenn., 198 S. W. 69.

53. Husband and Wife-Community Property. -An automobile, bought by a wife out of her separate property on a separate property transaction, was not community property, and was not subject to attachment in an action against the husband.-Rhoades v. Lyons, Cal., 168 Pac. 385.

54.- -Contract by Wife.-Wife entering into contract to buy timber and agreeing to pay stipulated price, is bound by her obligation, though on the purchase the husband's debt on prior sale of same timber to him was to be canceled.Bateman v. Cherokee Fertilizer Co., Ga., 93 S. E. 1021.

55. Conveyance.-Grants of rights-of-way made to county by landowners took effect as grants leading to dedication of land to public, though not signed by either of their wives, it being stipulated that they were owners of the land. Horton v. Okanogan County, Wash., 168 Pac. 479.

56. Indictment and Information-Presumption. In an indictment for murder against an infant under 14 years of age, it is not necessary to negative the presumption of his incapacity to commit the crime.-State v. Vineyard, W. Va., 93 S. E. 1034.

57. Infants-Compos Mentis.-To convict an infant under 14 years of homicide, it is necessary to show that he knew or understood the nature and consequence of his act and showed design and malice in its execution.-State v. Vineyard, W. Va., 93 S. E. 1034.

38. Innkeepers-Invitee.-Where one at defendant's hotel, by invitation of guest, in leaving took circuitous route to freight elevator, where he opened door, insecurely fastened, and fell into shaft and was killed, held there could be no recovery.-Money v. Travelers' Hotel Co., N. C., 93 S. E. 964.

60.

Insurance-Changing Beneficiary.-Where insured has right to change beneficiary in life policy, and, in attempt, has met all requirements of policy or statute, except surrender of policy, which is withheld by one claiming rights, equity will deem effort made to change beneficiary sufficient.-Metropolitan Life Ins. Co. v. O'Donnell, Del., 102 Atl. 163.

61. Concurrent Insurance.-Where insurer's agent, issuing policy, permitting concurrent insurance by agreement, knew that insured had other insurance, and without his knowledge attached a slip fixing a limit, policy might be construed or reformed to provide generally for additional concurrent insurance.-McPherson Mercantile Co. v. Reliance Ins. Co. of Philadelphia, Kan., 168 Pac. 323.

62. Depreciated Value.-Measure of recovery under policy covering household furniture, held not the depreciation in market value or in the fair selling value in the market for any purpose to which they may be susceptible. Haden v. Imperial Assur. Co., Mo., 198 S. W. 72. 63.-Description of Property.-Under policy of insurance covering laces, trimmings and embroideries, including samples and supplies, the word "supplies" cannot be held to cover benzine

kept in violation of all policy, though it was necessarily kept to dye laces.-Ertischek v. New Hampshire Fire Ins. Co. of Manchester, N. Y., 167 N. Y. S. 58.

64. -Fraternal Society.-Beneficiary under a policy of a company organized under the life insurance laws, as distinguished from a fraternal or mutual benefit association, takes a vested interest, which cannot be impaired by act of assured, and the company without her assent.-Lloyd v. Royal Union Mut. Life Ins. Co., U. S. D. Č., 245 Fed. 162.

65. Salary of Agent.-Where insurance company agreed to pay agent $200 a month on condition he secured insurance to $50,000 during each 90 days, agent failed to perform, and made other agreement, whereby amounts were reduced to $20 per week, which were paid, in insurance company's suit against him on his notes on advances not earned, chancellor properly denied him relief on claim that $200 payments were salary.-Mutual Life Ins. Co. of New York v. Miles, Ky., 198 S. W. 30.

66. Intoxicating Liquors-Illegal Sale.-Purchase by defendant of 21⁄2 gallons of wine in sealed jugs on premises of manufacturer, who made same from fruit grown on premises, held not to show violation of law, for manufacturer to sell or for defendant to purchase and have in possession under Pub. Laws 1911, c. 35, § 3, Pub. Laws 1913, c. 44, Pub Laws 1915, c. 97.State v. Hicks, N. C., 93 S. E. 964.

67. Landlord and Tenant-Invitee.-Where plaintiff came on demised premises as implied invitee of tenant, who used same for a store, plaintiff cannot, having received injuries, recover from lessor on theory that, as he allowed platform in which was defective trapdoor to be used by public, he was bound to maintain it in repair. Beaulac v. Robie, Vt., 102 Atl. 88.

68. Libel and Slander Charging Crime.Statement that plaintiff had no right to sell a piano, and that she knew it was mortgaged, held not actionable per se as charging a crime under Ky. St., § 1358, which required that the mortgage be "of record."-Sengel v. Pierson, Ky., 198 S. W. 1.

69.-Libelous per se.-Article entitled, "Misstatements of (?)," and charging untruthfulness, held libelous per se, within Rev. St. 1911, art. 5595, as exposing person to hatred, ridicule, or financial injury.-Hibdon v. Moyer, Tex., 197 S. W. 1117.

70. Mandamus Banking Commissioner. Banking commissioner's discretion must be exercised within limits prescribed by statute, and when incorporators have placed themselves within requirements of law he may be required by mandamus to approve articles of incorporation.-Speer v. Dossey, Ky., 198 S. W. 19.

71. Master and Servant—"Arising Out of Employment."-An employe, leaving employer's premises and injured by a fall while reaching ior rail of outside storway he was descending while other employes were rushing down stairway, received an injury "arising out of his employment."-In re O'Brien, Mass., 117 N. E. 619. 72.- -Course of Employment.-Bricklayer, employed by lithographing and printing company to repair wall of its plant, was engaged in employment requisite to company's business, and injury received while so doing arose out of and in course of employment carried on for pecuniary gain.-Dose v. Moehle Lithographic Co., N. Y., 117 N. E. 616, 221 N. Y. 401. 73.

-Fellow Servant.-The employer is not ipso facto liable for injuries to a servant through the act of a fellow servant merely because he employs fellow servants who cannot speak the English language, but the alleged incompetency must be the proximate cause of the injury.-Barber v. Smeallie, N. Y., 117 N. E. 611, 221 N. Y. 407.

74. Negligence.-It was inexcusable negligence for yardmaster to open switch and leave it open without a switch tender, as to gang of workmen passing through yard in motor car furnished by company, where track was apparently free of switching operations.-Thode v. Louisiana Ry. & Nav. Co., La., 76 So. 587.

75. Negligence.-It is actionable negligence on part of master to stretch skidder cable, by which logs are being dragged from woods, close

beside and behind woodsman, who is felling timber, and thereby cut off his escape from falling timber.-Fletcher v. Ludington Lumber Co., La., 76 So. 592.

76.-Renewal of Employment.-One employed for a year at a stated salary, who continued in that service after the period, was presumed to be employed for another year, although from time to time increases were made in the salary. -Stewart Dry Goods Co. v. Hutchison, Ky., 198 S. W. 17.

77.———————Simple Tool.-Sledge hammer made by employer's head smith, its handle being placed for servant to use in striking, who never had used a sledge before, equipped with a defective handle, was not a simple tool which an employer need not inspect.-Sante Fe Tie & Lumber Preserving Co. v. Collins, Tex., 198 S. W. 164.

78. Workmen's Compensation Act. - A school teacher received an injury "arising out of the employment," within the Compensation Act, where she was injured in shoving over a heavy desk not in its accustomed place, to enable her to get a book from a case, required to facilitate her school work.-Elk Grove Union High School Dist. v. Industrial Acc. Commission of State of California, Cal., 168 Pac. 392.

79. Mines and Minerals-Lease.-Under oil and gas lease for five years, and so much longer as either mineral is produced in paying quantities, the production required to effectuate such extension is that which will bring a reasonably pecuniary return in excess of cost of production. Barbour, Stedman & Co. v. Tompkins, W. Va., 93 S. E. 1038.

80. Mortgages-Record Title.-Where record title to dwelling place of husband and wife was in a corporation owned by the husband, a mortgagee is not called upon to investigate the rights of the wife in such property.-Houts v. First Trust & Savings Bank, Cal., 168 Pac. 383. 81. Right of Redemption.-As a general rule, a mortgagor who has conveyed the equity of redemption by warranty deed to a third person cannot maintain a bill to redeem.-Watson v. First Nat. Bank, N. M., 168 Pac. 488.

82. Municipal Corporations—Abutting Owner. -One whose place of business abutted upon sidewalk was not guilty of negligence, or violation of any ordinance in piling empty chicken coops on outer side of walk while express wagon was coming to take them away.-Whittle v. Southern Express Co., La., 76 So. 623.

83.- -Ordinance.--Ordinance of city council which forbids owner or agent of property to rent same to prostitute, but does not forbid him to rent his property for purposes of prostitution, is null and void.-City of New Orleans v. Piazza, La., 76 So. 598.

84.- -Res Gestae. In action for injuries in collision with automobile, court properly refused to permit plaintiff to be questioned as to what he had said concerning damage done to defendant's automobile in collision, fact only, not what plaintiff said, being material.-Townsend v. Keith, Cal., 168 Pac. 402.

86. Negligence-Accident.-Express company whose driver while backing his wagon to sidewalk curbing struck shipper's employe while he was trying to get empty coops out of wagon's way, so that he fell against plaintiff passing on sidewalk, was not liable for plaintiff's injury.-Whittle v. Southern Express Co., La., 76 So. 623.

87.- -Imputability.-Where plaintiff and owner of an automobile agreed upon a trip at joint expenses, and the automobile was struck by a train, plaintiff was a joint adventurer, and as such the negligence of the owner of the car in driving it upon the track was imputed to him.Derrick v. Salt Lake & O. Ry. Co., Utah, 168 Pac. 335.

88. Principal and Agent-Counter-claim.-In action for money received by agent for the sale of automobiles, the agent cannot recover on counter-claim expenses of trips to the principal

office to adjust alleged overcharges made by plaintiff.-J. W. Leavitt & Co. v. Dimick, Ore., 168 Pac. 292.

89. Railroads-Look and Listen.-Where one approaching railroad crossing is familiar with situation, he must use greater care as danger is greater; must, as he approaches, look from place where he can see, and listen from place where he can hear-an imperative duty so long as there is any need of its exercise.-Cathcart v. Oregon-Washington R. & Nav. Co., Ore., 168 Pac. 308.

90. Reformation of Instruments-Laches.Where a deed in April, 1909, contained mistaken descriptions of property, and the grantee made some claim of ownership in 1912, or 1913, but did not attempt to take possession until July, 1914, the grantor was not guilty of laches in failing to sue for reformation of the deed until January, 1915.-Hagge v. Moran, Wyo., 168 Pac. 248.

91. Sales-Fraud.-Seller of jitney bus was not guilty of actionable fraud by promising buyer that if his venture should fail to be financial success it would procure contracts from individuals and firms for profitable use of car, and by failing to fulfill such agreements.Fleming v. Gerlinger Motorcar Co., Ore., 168 Pac. 289.

92. -Guaranty.· That contract described trees as "on myrobalan roots" of itself constituted guaranty that trees sold should be grafted on myrobalan roots.-Burge v. Albany Nurseries, Cal., 168 Pac. 343.

93. Notify Bill of Lading-Where seller ships goods on buyer's order, "on usual terms delivered," and forwards bill of lading with draft attached, with direction to notify buyer, the title does not pass without clear proof of contrary intention of parties.-Allen & Wheeler Co. v. Farr, W. Va., 93 S. E. 1030.

94. Speculative Contract.-Rule that, where parties knowingly enter into a speculative contract, they assume the risk, does not apply to sale of newspaper routes, in respect to continuance of publication.-Kirtley v. Perham, Cal., 168 Pac. 351.

95. Street Railroads-Crossing Accident.-One driving team across street railway track and having unobstructed view for quarter of mile in direction from which car came, and who attempted to cross without trying to ascertain movement of cars and was struck, was negligent. Moses v. Northwestern Pennsylvania Ry. Co., Pa., 102 Atl. 166.

Where defendant's

96. -Negligence of. motorman knows or should know that fire automobile is coming at great speed, and runs his car out on crossing suddenly, forcing automobile to swerve to walk, injuring plaintiff, company is negligent.-King v. San Diego Electric Ry. Co., Cal., 168 Pac. 131.

97. Trusts-Express Trust.-When the settler, the trustee, the cestui que trust, the property transferred to the trustee, and the object to be attained, all appear with reasonable certainty from the writing, the requirements of the law are satisfied, and an express trust is thereby established.-Holsapple v. Schrontz, Ind., 117 N. E. 547.

98. Vendor and Purchaser-Evidence.-Where one is induced to purchase land by false and fraudulent representations in prospectus, letters and orally, it is not proper to admit parts of prospectuses having no relation to false representations relied upon. Berrendo Irrigated Farms Co. v. Jacobs, N. M., 168 Pac. 483.

99.- -Executory Contract.-Where purchaser fails to perform his executory contract, and vendor is not in default, purchaser cannot recover money or property advanced, nor obtain affirmative relief as to cancellation of mortgage given on other land to secure part of consideration. Kershaw v. Hurtt, Okla., 168 Pac. 202. 100. War-Alien.-Where employe was killed prior to war by United States against Germany, and deceased's mother was an alien, resident in Austria-Hungary, to which declaration of war had not been extended, appeal from a judgment dismissing her action will not be dismissed on ground that she was an alien enemy. -Taylor v. Albion Lumber Co., Cal., 168 Pac. 348.

Central Law Journal.

ST. LOUIS, MO., JANUARY 11, 1918.

WHAT SHALL THE LAWYERS DO TO WIN THE WAR?

On December the seventh, we published an editorial stating that the war would be fought in two phases-the one in the trenches and the other behind the lines and that the two efforts were of equal importance, because of their corelation. A call was made upon American lawyers to take the lead as officers in organizing the important work necessary to be carried on behind the lines.

From the earnest, patriotic and well known lawyer, wishing to be of real service, came the inquiry for more definite suggestions. Almost coincident therewith there appeared in the daily press a cartoon depicting the Kaiser mockingly extending his hand to a sleeping American citizen and requesting him to "Shake Hands, Friend."

The first commission, therefore, is to wake up America and particularly those good and earnest citizens who imagine they are awake but who are walking in their sleep. To say that such people know that America is involved in a desperate war would be to admit that one comfortably seated in his library arm chair, smoking a costly Havana, knew that his residence was on fire. Manifestly, if awake, he would be bestirring himself to do something and to do everything that would protect his home from destruction. Once really awake to danger the initiative of his resourcefulness would be equaled by the effectiveness of his intelligence. The trained mind of the lawyer, like the drilled discipline of the officer, would intuitively direct him where leadership

beckoned and where organization lacked or languished.

But, what is meant by carrying on the war behind the lines? That too, may be treated in two phases-the one as to the government and the other as to the people.

The first is in sustaining and encouraging spiritually the President and the entire government, that they may reach out with a mighty arm strong driven by the consciousness of duty well performed and the sustaining plaudits of a grateful and appreciative people. In the midst of the carnage and the strife, words of confidence and approval stimulate the dignified and mature spirit of a great and trusted chief executive and a seasoned and honored Congress, no less than that of the young hero on the gridiron. No man can do his best confronted by a silent people and the unvocal question it imports.

But, this voice must be that of America and not that of the letter writer. It must be so clearly distinct in its volume as to require no ear upon the ground; so musical in its inspired tone as to need no band for leadership, and so earnest in its determined effort as to quicken the stagnant blood of the indifferent.

No, America does not need a revival of patriotism. She requires a quickening of a sense of service. America does not need censure. She deserves local leadership. Traditional energy, initiative ans verve await to be marshalled in the battalion and assigned to duty under the guidance of men prepared to direct the execution of the orders of the commander-in-chief at Washington and his aides. It is deeds that are needed and performance will follow organized leadership.

Does one have to search the records for these orders, for a signal to start, or are they still sounding upon the ear