The Russellville Democrat., 1891-10-15
LATE DECISIONS.
Legal Questions Decided by State Tri-
 bunals.
A Pension Case--Benefits of Doubt-Inter- state Commerce--Limiting Lia-
 bility.
DEPARTMENT DECISIONS.

| biiity.
 DEPARTMENT DECISIONS.
 In the pension case of Louisa H. Pratt (infra, p. cop, Assistant Sac- retary Bussey says: "As repeatedly held, pensions are not granted as rewsrds for meritorious conduct, nor { withheld as puuishments for offenses, by either commission or omission. Therefore, the moral conduct of a pensioner has nothing to d. with 6 questionable status, except where particularly provided by statute, and, when such statute is enacted, the proof must bring a given case clearly within it's provisions before a decree of forfeiture can be entertained.
 Benefits of Doubt Where the exceed the evidence of merit, the rule of practice requires the rsj ction of the claim. Where, how yer, the evidence ss whole gives 8 claim the appearance of merit, and the detect l in the chain of evidence is remediable presumption in it's favor, the claim should be admitted. In re Stevens < Co.,, June 20, 1891.
 INTERSTATE COMMERCE. 1. The sale of oleomsrgarine in original packages, as imported from another state, cannot be prohibited or interfered with by state statute In re Chss. E Gooch U $. c. c. (Mnn.) 8 Inters c. R C. ed. ) 430.
 2 The solicitation of orders for books within city by an agent, who is, like his principal, citizen of another state, to which all orders are sent to be filled, such sgents neither delivering the books nor collecting auy money, constitutes interstate commerce, and an ordinance requir- ing license for doing such business is void. In re Albert H. White, U. s. c. C. (W. D., Pa. Id, 5S1.
 3. A tax on the privilege of sell. ing fertilizers is tax on the fertil izers, and therefore invalid, so far as it relates to fertilizers brought from other states, being tax on interstate commerce, and it is immaterial that no discrimination is made in favor of or against products of other states Fertilizing Go. V. B'd of Agriculture. U. $. D. c. Id., 532.
 f. A license tax cannot be up. held as an inspection law in respect to goods brought from another state, when the amount of the tax is in ex- cess of what is required for the pur- pose of inspection, and the proceeds src applied to other uses.-Id.
 STATE COURTS.
 | Action on Motel. In an action on a debt, the written evidence of whioh has been materially altered to the holder's advantage, the altera- ton will be presumed to have been fraudulent, so as to extinguish the debt, snd the burden is on plaintiff to show absence of fraud. .-Warder, Bushnell & Glessner Go. V. Willyard (Minn.), 49 N. w., 300.
 2. Where the holder of a note alters or changes it in any material part to his own advantage, with in- tent to defrsud his debtor, the debt evidenced by the note is extinguished. Wardcr, Bushnell X GlessneI Co. V. Willyard (Minn.) 49 N, W 300.
 Waiver oi Exemptions-2. A noie executed in Georgia, where both parties live, and containing a waiver 'of all rights of exemption and homestesd,n without referring to the exemptions of other states, is presumed to refer only to the ex empiions allowed by the law of Georgia and does not spply in an action on the note in Alabama = Sesy vs. Palmer (Ala. ) 9 So., 601.
 Limiting Liability.--5. Where a bill of lading stipulates against llabil- ity for negligence of connecting lines, the carrier is not responsible for de- lay in delivering books in time for a particular market, where it is not shown that the delay occurred on it's own line. Mobile & O. R. Go. vs. Francis (Niss. ),9 So., 50S.