NOTES OF THE DAY

Dominion, Volume 8, Issue 2429, 7 April 1915, Page 4

NOTES OF THE DAY

An interesting aspect of breach of promise was dealt with, in the Eng : lish. Courts a few weeks ago. The point raised was whether a claim couid succeed against the estate of a dead man who had failed to carry out his. undertaking to, marry. ' A Miss Quirk asserted that the late Me. Arthur Willi.am Thomas, a member of a wealthy Welsh family, had promised her marriage, and that in consideration of that promise she had given up a millinery business. On these grounds she sued Mr. Thomas's executor for damages,. The jury found for her and awarded her £350. In giving judgment, Mr. Justice.Lush seta-side their .verdict and found for the defendant. ' His reason for doing so was, first of all, that an executor represents only the property of a testator, and in no sense his person, and that a promise to marry is a personal contract solely. On the subtler point whether the giving up of a business consequent on a promise to_ marry is a proper cause for charging ah estato with damages, Mr., Justice Lush .also disagreed with the jury. A contract to marry carried no obligation affecting the property of either party, and tne plaintiff, under the giiise of special damages, was really seeking to recover part of the exemplary damages which the jury could have given her if Mr. Thomas had lived. The distinction which the .law makes between personal and other obligations isvery necessary one, but. in few .•) such fine, distinctions have to . !>•?.«• n between them.

• fnosi-; why interest themselves in boxing will nu doubt rjjad with some satisfaction (Wis morning the news that the negro .Johnson nas at last been deprived of the world's. championship, aiid in a manner which can leave no room for dispute. Johnson's career since he wrested the championship from Buhns, the Canadian, at Sydney some few years ago has been an liiic'ditying one,from all points of view. Unquestionably he was a clever arid powerful boxer, aiid probably tlic'. best of his day, but, he was- si bad typo from the sporting point of view. He showed quite a rumaykable capacity for handling the financial side of his matches, and was equally skilled in evading the challenges of the more dangerous of his rivals. The life he has led since he gained the title of champion, and more especially in recent timcfe, iiiust have seriously affected both his speed and endurance, arid no doubt to-day he is not the man he was when he defeated Burns. Wir.LAiiD, the new champion, is an ex-cowboy, with little to claim as a boxer beyond his size, strength, and courage. He is never likely to lie the equal of Johnson at his best, but his youth and strength, backed by a good deal of dogged courage and endurance, have gained him tho championship. The dethronement of Johnson should prove a good thing for professional boxing. Willakd '--unless he follows in Johnson's footsteps and avoids the challenges of the more formidable of the aspirants to the championship—is not likely to hold the title over-long.

It is. to be hoped that the work of physical instruction in the. State suliobls will not be allowed to fall away in cbnscqitciicc of the death of tlic late director o[ this branch ,of the education system-. Mr. At-lbn's plan, to conihin" |.be. work with ..that of tho medical inspection of schools

is sound in principle, but we very much doubt whether he will succeed in obtaining, except by chance, a medical man who is at the same time an expert physical instructor. The Minister apparently has himself little hope of immediately securing such a man, and the danger is that pending a definite reorganisation the good work done by Mb. Royd Garlick may fall to tie ground. The two branches of examining the physique of the children and'improving it by physical exercise are complementary to one another, and could with advantage be co-ordinated under one head. In this case it would obviously be impracticable to make the doctor subordinate to the physical instructor. The head must clearly be a medical man, but it is open to question whether he himself need necessarily be an expert demonstrator in physical culture. Me. Allen hints that lie lias a plan for the treatment of children requiring surgical attention. ' This is welcome news, for it is plain that the scheme must fail of its full purpose unless steps are_ taken to ensure that the children in need of treatment receive it.