Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-10-06
Titled FOR KEEPS.
Over One Hundred Decisions Handed
Down by the Supreme Court
PAKSON DOES A LITTLE ROASTING.
Justice Sterrett Holds That Witness Can
BE Made to Talk.
NEW CONSTRUCTIONS PLACED on LAWS

terdav morning. Justice Clarke was absent
on account of the death of his father The
other four justices were present. The room
was crowded beyond comfort when the
court was opened. Attorneys from every
section of the district were present eager to
hear from their eases. During the
dav IOl opinions were handed down.
The famous Congressional election case of
Major Mcdowell in Lawrence county, was
recalled bv the decision handed down by
Justice Sterrett in the habeas corpus pro-
ccedings of the Commonwealth ex rel John
r. Tate vs. Samuel w. Bell, Sheriff
In the opinion occurs the following:
In December. 1890, William D. Wallace
was on trial in the Quarter Sessions Court
Of Lawrence county on an Indictment
charging him in the second count with offer
ing John Il. Tate, Edwin Shaffer and
Thomas J. Downing, electors and delegates
10 a nominating convention, money as a
hribe and in the third count with soliciting
encouraging and requesting the same men
10 receive money as a bribe to influence
;hem to make and join in nominating
candidate Tor Congress.
CANNOT REFUSE TO TESTIFY
The relator had refused to testify, though
the Court promised that no evidence given
bv him should be used against himself On
his refusal he was fined 500 for contempt of
court
The opinion recites further: 1t is not for
rs to state now whether the acts in the in
dictment OF Wallace are indictable ones, but
1Dr o., ,irooir nj Shn n in,
making them highly penal. The relator ap-
pears to have thought such acts as criminal,
because of his fears Of eliminating himself
Ov testifyin-. His refusal to testify was
wrong. Ifit was right, the courts would be
at the mercy OF cOntumacious witnesses
The decision then devoted considerable
leng h to Il view OF the effects of bribery
and of the laws governing conventions and
elections and said "a fraud upon the ballot
i a crime against the nation, and the re-
lator not having complied with the sentence
of the court below, he must be remanded
into the custody o. the respondent, and it
is accordingly ordered that he surrender
himself into the custody of the sheriff of
Lawrence county to the end that the sent
cnce OF the court OF said county pronounced
against him December Il, lS.0 be executed:
and il is further ordered that he pay the
costs of this proceeding.
LIFE INSURANCE Is GOOD SECURITY.
In the appeal of II. Stanley Ulrick, execu-
Adolphus Reinoche ct al, error to Common
Pleas Of Lebanon, Chief Justice Paxson
handed down an opinion. Justice Paxson
says this case presents the question to
what extent creditor may lawfully insure
thC life OF his debtor. Bleistine was indebt-
ed to AdOlphus ReinOche in the sum OF
SliO 90 lie gave ReinOche an insurance
policy for g 0O0 as security, the latter pay
ing the costs and premium. After death
Beistne's executor tried to recover the
1Fr1.r of 81, dol,
been deducted, but lost the case.
Justice PaXSon goes on in n lengthy opin-
ION to discuss the case and the points sub
mitted in the appeal and concludes as fol-
may lawfully take out policy on the life of
a debtor in an amount to cover the debt
with interest thereon during the peroid of
the expectancy OF life by the assured ac-
cOrding to the. Curleste tables. We find no
error in the ruling OF the Court below.
Judgment is affirmed"
In the opinion affirming the c. p. of Law
renee in the case of Elias McNInlen VS. the
Union News Company the company was en-
tircly eXOneTated. 4 son of the appellant
was employed by the company to sell papers
at the New Castle depot and was killed
while at work. The opinion holds that the
boy. having been instructed to sell only
while the cars were stopped and in case the
train moved to go TO the next station, and
his death resulting from disobedience of
these orders, there was no blame to be at
tached to the company.
MADE THE CORPORATION PAY.
The lower court IS sustained in the case
Of the City of Philadelphia VS. the Ridge
Avenue Passenger Railway Company. The
suit was brought to collect from the COM
pany for repaving Ninth street from Rose to
Sargent streets, Philadelphia. The city held
that the company under the charter should
pay for this work. The company refused;
the city did the work and then sued to re-
lnn fffNt1r-t hot tloa
company was liable and must live up to its
charter
Theappeal in the case of Westafer VS. Koons, |
{. =. OF Cumberland county. brought out an |
opinion in the Price act Mrs Westafer in |
herlted piece OF property which at her |
death was to go to her children. The prop |
erty was sold to James Koons, who refused |
70 accept because the title is bad. |
The Court held that the law did |
not provide for the possibility of further |
children being born and that the title was |
thereby tainted. The action was brought |
under the Price act and the opinion called |
attention to the tact that tho e Durt has here |
totore referred to carelessness under the |
act.
County Controller Grier secured q victory |
IN the Supreme Court, to add to those he has |
gained in the lower courts. In the appeal |
OF Alex. Gllhllan from Common Pleas No. L |
OF Allegheny county, the lower court Is |
affirmed in a per curiam opinion. The case /
was bill filed by Gilfllan to restrain the |
controller and Treasurer from selecting the |
NtAlls ii Dstlih AZ Il utDOSlLOIN lOI biG COUNTY
money. The laws say the money shall. be |
deposited in the bank offering the highest /
rate of interest and the Controller adver
tlsed for bids in four papers. In one paper
the printer made the day for receiving bids |
Tuesday, the l4th. instead of Tuesday, the /
l2th. After receiving the case, the court |
,aid that this error was paipable, as the
l4th was on Wednesday. The claim was |
made that the Controller should have re |
advertised. 1t was not shown that the plain
TIL or anyone else WAS lrreparaDly injured !
than was bid. In conclusion the opinion |
said: The court below was right i'll dis
missing the bill"
CANNOT ESCAPE THE LAW. /
In the appeal of W. W. Hunter VS. Frank |
Sweeney, from Common Pleas No. of Ale
1heny county, Justice Sterrett handed down
IN opinion. Sweeney was in the employ of
the Baltimore and Ohio Railroad Company,
md contracted debt with Hunter, who is
IN undertaken, to the amount of $50 The
mount could not he collected in this State
owing to Sweeney's claiming the benefit of
he $500 exemption law. MIR. Hunter assigned
his account TO 6. o. Smith, of West Virginia, I
who entered suit in that State, got n JudS-
ncnt and attached the wages of Sweeney, |
rec Cering the amount. Mr.. sweeney en-
erred suit in this State and recovered the
lmount garnisheed from him, and Mr.. Hun
er took an appeal. Justice Sterrett sus-
aims the decision of the lower court and
avs the Jaw cannot be so evaded
The opinion in the case of Adam Robb VS..
alrnegie Bros. & Co., appeal from Common
Pleas Court, Westmorcland county, was
landcd down by Justice Williams. The
'Uit was an action brought by Robb for dam
iges for in juTies to his crops, SOIL ana COM
Orts of his home from the fumes OF coke
lvens owned by Carnegie Bros. & Co. Judge
W illiams says as Robb has already recov-
red s, 900 more than the value of the farm, |
md that, despite his assertions of ruin, he
still continues to cultivate it, the judg-
nent was reversed and q venire de nova