The sun., 1880-02-22

may think proper in the President alone. in the
courts OF law, or in the heads OF departments"
Hero provision Is made for two clnsses OF
officers: one clnss to be appointed by the Presi-
dent. with the advice and consent OF the Senate;
the other class to be appointed by the President
alone. or by tho courts Of law. or by the heads
Of departments ms Congress should direct.
There can he little doubt. says Mr. Justice
Miller. delivering the opinion OF the Supreme
Court. that all persons who can be said to hold
nm Office under the Government we're intended
to be included within one or the other OF these
modes OF appointmont. As this civil surgeon
was appointed, not by the President or a court
of law. but by the Commissioner OF Pensions.
he cannot have been an officer OF the United
States unless the Commissioner Of Pensions is
the hcnd OF n department and the Supreme
Court holds that he Is not.
The liability OF the owners OF wild or naturally
vicious beasts for injuries inflicted by such ami
mails is considered in the cnse of the Empire
Spring Company ngt. Edgar. which was
action by II Indy to recover damages by reason OF
the attack OF fierce deer which was kept in the
Congress Spring Park. at Saratoga Springs. by
the corporation owning that park. The follow
ing proposition from Addison on Torts is stated
with approval in the opinion Of the Court:
Whoever keeps IN animal accustomed to
attack or injure mankind, with the knowledge
OF its dangerous propensitics. is prima facie
liable to an action for damages Mt the suit Of
any person attacked or injured by the animal.
without proof OF any negligence or default in
the securing or taking caro- OF tho animal.
tho Eist OF the action being the keeping OF
the animal after knowledge OF its mis-
chevous dispositions" As to domestic animals.
the owner cannot be held liable for damage
done by them, on the ground OF negll-
! NJ Nvhprn bp Euntye nt thpv mr.
wont to be vicious. and it is true that wild ami
! mails like this deer. may sometimes be so tanned
as to be cnssed with domestic creatures In this
| respect: but il they relapse into their fierce
! ways, rs they are liable to do. and the owner
! has notice OF the fact he becomes answerable
| for such damage us they innict. irrespective Of
! negligence on his part. precisely as though they
| had never been tanned ut al-that is. simply be-
| cause he keeps them, knowing their tendency
! 10 inhict injury on others In the case here re.
| ported there was II verdict OF SC 800 for the
I plaintiff. and the judgment was affirmed by the
/ supreme Court The fact that signs had been
placed in the park where the deer were kept
| bearing the words. Beware OF the Buck"
! tended strongly to show that the defendant cor
| poration had knowledge of the dangerous pro-
pensities Of the animal.
The last cuse which we can notice is Evanston
| ngt. Gum. in which an interesting question
arose as to the competency OF Signal Service
record MS evidence OF the facts therein stated
in regard to the weather. When offered. it was
/ objected to because " there was no law author
/ izinG such records to be used in evidence. and
] because it WIS not competent testimony" The
/ supreme Court holds that it was properly ad-
/ mttrd. being an fetal register kept by per-
son whose public duty it was to record the
facts truly Not only il grent accuracy eXacted
. in recording these observations OF the Signal
I Service. but. rs the Court say. this is done 50
/ Immediately before tho eyes OF the community
/ that Inaccuracies. if they occurred, could hardly
| es ape exposure.
/ In all respects. except the thnness OF tho
paper. this volume Of Oto's Reports is cred
/ table to the bookmaker. Tho paper is not thick
/ enough to conceal the print on the under side
Of the page. and this is n serious defect. Ac-
coriinE to Liehreirh. 1t is most injurious to
the eyesight. and should not be tolerated.