The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-08-22
xorzs OF IEeAE ErExrs.

AHNN - NV
IN this State with reference 70 children. most Of
the cases In the law reports relating to the car.
ryinR OF Of grown persona, The guilty parties
in the Conway case at Albany, which has at
tranted 20 much attention during the past week.
have rendered themselves liable to Imprison.
ment In the State prison for q term not exceed
ing fifteen years. under section 2ll Of the Penal
Code, the second subdivision Of which declares
that 8 person Is guilty OF kidnapping who will
fully leads. takes, entices away, or detains q
child under the ago Of 10 years with intent to
keep or conceal 1t from It's parent, guardian. or
other person having the lawful care or control
thereof, or to extort or obtain money or reward
for the return or disposition OF the child, or with
intent to steal any article about OF on the person
! OF the child" In the early part Of this century
the law against kidnapping was most frequently
invoked in the Northern States in behalf OF free
persons Of color who were u~nlawtully seized for
the purpose of onslaving them in the South. OF
late years sailors have frequently been the vic
tins Of kidnappers. The Offenders In the Con-
way case when ascertained and convicted should
DO punished with such severity as to prevent
any epidemic Of this form Of crime.
Since mentioning the Kentucky law relating
to Shanty boats last week. our attention has
been called to q case recently decided by the
Court OF Appeals Of that Commonwealth, in
which an attack was made upon the c~onstitu-
tionality Of the legislation which requires such
boats to DO licensed. Tho defendant had been
convicted OF q ~misdemeanor for maintaining a
ehanty boat without q license upon the Ken.
lucky sido OF the Ohio River. He contended
upon the appeal that the privilege OF living
where one chose was an inalienable right, and
that he could not be deprived OF that right by
taxation any moro than he could be deprived OF
Il by force OF arms. But the Court of Appeals
held that no such rule applied TO q person who
made his home on a highway. A naviSable
river is q highway. and one who makes his per-
manent abode thereon occupies 1t upon such
conditions as the State MAY see At to prescribe.
The shanty %boatman," says the Court, " has
no fixed home in any true sense. He Is 4 wan
dercr. and usually recognizes allegiance and
duty TO no town. city. district, or State. We
are not authorized to enominat him a Va.
grant, but the fact remains that his presence Is
usually the source Of disQuietude. in whatever
community he may pitch his location" In the
exercise OF the police power, therefore. the state
may enact any regulation which serves to iden-
tity him and render him amenablc to police in
s~pection.
A curious assignment OF error was made In q
case recently determined in the Court OF Grim.
insl Appeals OF Texas. When the case came on
for trial In the District Court in San Particle
county the counsel for the defendant who was
to take the leading part in conducting the de-
fence was found to be drunk. The junior conn
sci therefore moved for n postponement, which
the Court refused 20 grant, and the junior was
Obliged TO 90 on and do the best he could with
out the advice Of his leader. In answer to the
proposition that tho trial Judge erred in com.
pelltnR the defendant to 20 70 trial under such
circumstances the Appellate Court said: Al
examination OF this record shows that nothing
could have been done for appellant that was not
properly done by counsel who managed the case
during the trial. He seems TO have contested
the case upon every issue, and TO have managed
the defence with adroituess and skill: and in
view OF the esult-imprisonmen for only
twenty-five years. when the Jury from the facts
would have been warranted in visiting upon tho
say that any other counsel could have done bet
ter The crime was one for which the law au.
thorized the jury TO impose the death penalty il
they saw 1T
nAtufes a. 10 pFouueaEe u per
pfe1i'es o'neF osnhcn Oh 'esai learning
oN"y IN Asi"na Vi LIE eouh'f'. FA'nef =
'"m no"e,'i' was m.Ne w u
hhH'sn court Oh Appear . snort tine ago IN re-
.pee.toN '~iuao.' na'uFa! u'''ol' oo"ect'ou NJ
"u'opsu'fe - esiNeh VI
w present. ''sSouns hNn. i"e 'seouh' .
iAtHeF ~oaHAiup|' aho she SON ! oh'y n
Az ''a"ut VI =" s'ae Afue''oh
sfo7e 'et"ee" VI" u "' TUG uu''ee IN
oNnhfup'cS ~ u u history COZ
lection "Asto e!ee"lueu az propeF"F "hicn 'he
trustee q u ,'sht u ruHo'e u as eonsutut,
ing uNtu'es Nhieu u - 'ehah' "as emitted
10 nav remain on u pFen,scS' 'lseouhs
hii INSISTED 'hat the stuhea o'Fus ana animals
"nch "efe NOV . "u' woF siuea I Q inc
Court rejected this view without calling on the
opposing counsel. The collection was begun by
the second viscount Hill in 1881. and IL co
pecially valuable In examples Of rare birds. in.
Guiding q fine specimen OF the great aux. 1,
will now doubtless DO dispersed through the
agency OF the Bankruptcy Court.
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n. .rroprr.nan. &. made that m. sv,a.n.,