The sun., 1880-02-22

| to this notice. rather than by any which appears
| in the book itself. that the legal profession will
| designate the latest volume OF Cases argued
and Adjudged in the Supreme Court ofHte United
States. reported by WILLIAM T. OTTO. tBoston:
Little. Brown Il Co.. Since 1876. MIR. Otto
| formerly Assistant Secretary OF the Interior
| has been the reporter OF the Supreme Court.
and this is the ninth volume OF reports pre-
pared under his supervision. 1t contains
| twenty eight cases in which the action OF tho
court below reversed. flfty-six cases in
which the action OF the court below was
affirmed and eleven cases otherwise disposed
J OF. The number OF aflirmances was Just double
! the numbertof reversnls. II fact which tends to
show that the subordinate tribunals are right
| in two out OF every three cases renewable by
the Supreme Court OF the United States
The people cannot be too we'll acquainted
| with the action OF their courts. and we have
carefully examined the present volume in order
! to bring the more interesting and important de-
cisions to the attention OF our readers. Some
| OF these we will now notice.
| In the case of the Eastern Transportation Line
agt. Cooper the question was whether the law
requires canal boat engaged in the transpcrta-
! ton Of coal to be provided with fire. buckets.
axes. life-preservers. and yawls. Under the
! Revised Statutes OF the United States these art-
cles must be on barge carrying passengers
when in tow Of n steamer. and it was contendod
that canal boat laden with coal and having on
board the wife and children OF the captain is in
fact such n barge. The Supreme Court summa-
rily REJECTED this view, however. saying that they
were not inclined to hear argument upon it.
The legality Of an alleged sale OF the Glen
| House in the White Mountains was contested in
the case OF Grafton AIT. Cummings. The hotel
was bid Off at auction by Grafton for 500 600.
and he acknowledged himself to be the pur-
ghns fnr hatS tSt,r,, nd bfn,cn nlF To
| ply with the terms and conditions of the sale by
signing Il written memorandum to that ofr1ct.
/ There was not a word in this paper. however.
to show who was the seller or other party to tho
contract. Grafton refused to take tho property
or pay for It, and when sued for damages he de-
Tended on the ground that the New Hampshire
statute Of frauds prohibits the enforcement of
any contract for the sale OF land unless the
agreement upon which it is brought or some
memorandum thereof is in writing" He ar
Gued tina: there could not be an agreement
without two parties. and as tho mem orauGum
he signed contained no mention Of any party
but himself, it was not an agreement within tho
meaning of the statute. The supreme Court 50
held and set aside the verdict which had been
recovered against him in the Circuit Court OF
tho United States In this city.
The propriety OF n sentenr % OF death by shoot
ing. imposed by a Territorial court WAS uu.s-
] in Ttoh no l,i, - -
in error had been duly convicted of murder in
the first degree. and there was no exception in
tho cosc haforsiuJ,mnnt Tbatr;,I c.rr,s.m
fenced the nrisoner to be nubliorv shot IN l,.n,h
and tho Sunraua Court OF Irt,b nf,r,ne,i ito
action in so doing This was tne sofia orr,r
alleged. Itappears that the nnnal code of I-tah
provides that person convicted of murder in
the first degree shall suffer death. and imposes
upon tho court passing sentence the duty to
"detarmipo" the nnpishman, nrescriba1 TN.
dar nroaxistin, lava whi,h this cot, r,na,lad
II was nrovidn3 that n naroo, corvi,,nd ~
co,ital otY.n,s sborlI srrr,r d.,th ~, h..i,,,,
ebo, bonyad or hobo,ded No tho court min,
diract or ha copld have his rhoica os IN thn
mmhod Of nxecution Thosn nrnvisions throw
son,. .li,,h. n, t,,a ,rs,rin,,,r ,b, ,,,r, It,.
mip.r in tina nras,rt ,,ar,l co3a Tho Sr-
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