The herald., 1897-04-28
OFFICE OF rIrE HERALD.
Los Angeles. April 27, 1897.

dent for courts all over the United
States by allowing conversation
through telephone to be admitted as
evidence. In the suit before him the
conversation through the telephone had
a distinct and material bearing on the
case. Lawyers for the defense object
ed to its admission as evidence on the
ground that the identity of the person
talking through the telephone could
not be proved as that of the defendant.
1T find that this point has never been
ruled upon" Judge Bundy is reported
as saying, land think it is time pre-
cedent were established. / now admit
the legality of the telephone. and the
conversation will be permitted to go in
as evidence"
In this statement, says the New York
Sun Judge BunCy made a mistake.
A precedent had already been estab-
lished, and the point had been ruled
upon. In 1894 Judge Benedict of the
United States circuit court of the South
erD district OF New York decided this
very point. and on the evidence so
admitted the prisoner was sentenced to
a term in prison, which he is now serv-
ing. The case in question was bitterly
fought, particularly on the admission
az evidence of n telephone converse
ton. on the ground that there was no
way of proving absolutely the identity
of the person speaking. Judge Bene-
dict. in ruling against the objectors, said
that the telephone was almost univer-
sally used in commercial transactions:
that thousands. of dollars were involved
every day in deals consummated over
the phone; that property could be le-
pally transferred in this manner, and
that in all these cases the question OF
the identity of the talker had never been
raised. Judge Benedict said that he
therefore saw no reason why person
familiar with the voice of another per-
SON talking through a telephone should
not have the right to testify in court
as to any conversation he had with suck
person.
A syndicate organized by the bank
ing firm of Henry Clews & Co. of New
York has secured from the Venezuelan
government a concession which gives
the syndicate a complete monopoly of
telegraph, cable and telephone lines in
Venezuela. The concession is for thirty
years, and the syndicate is to pay the
government of Venezuela $3.50, 900 year.
The syndicate will take over the ex-
listing lines, which are owned by the
government, and 1t may begin opera
tions under the concession any time
within the next six months. At the
Ii. tn1 1ft,ac WI
to the government on payment by the
latter to the syndicate of their appraised
value
In a foreclosure suit the supreme
court has just decided that there can
be no such thing as unlimited contract
between lender and borrower as to pay
ment of interest outside the provisions
of the civil code. The code allows the
lender to exact unlimited interest upon
his loan, but on the interest to be
earned he must keep within the limit.
Deferred installments of interest can
not bear a greater rate of interest than
the principal debt. Interest upon in
terest must be contracted for in writing
and in no case must bear greater rate
than that placed upon the principal
debt. Except in certain cases where
courts of equity may order interest to
be computed with rests; no interest Is
computed upon the accrued interest, II
being a rule of law that interest shall
not be computed unless by stipulation
Of the contract.
The law passed by the last legislature
allowing what are known as County
Mutual Fire Insurance companies pro-
vides that "any number of persons, not
less than 251, residing in any county in
this state, owning insurable property
aggregating not less than $50, 900 in value,
which they desire to have insured, may
for the purpose of mutual
insurance against loss or damage by
fire."
"Such company may issue policies only
on detached dwellings, school houses,
churches, barns Except livery and hotel
barns), and other farm buildings, and
such property as may be contained there
in; also, other property on the premises
owned by the insured; hay, grain In
stock or in the field, and livestock on
the premises insured, anywhere in the
county, for any time not exceeding five
years, and not to extend beyond the time
limited for the existence of the charter,
and for an amount not to exceed $4,000 on
any one risk. No such company shall
insure any property beyond the limits
of the county within which the company
Is organized, nor shall any company
issue policies of insurance on any prop
erty within the limits of any city con-
tanning over 5000 inhabitants at the time
of the organization of such company
provided, that no dwelling shall be in
sured within the corporate limits of any
city or town exposed by any other build
ing within 100 feet or by any other risk
other than a dwelling or private barn,
within 200 feet of the risk assumed
provided, that the amount of insurance
shall not exceed rs per cent of the value
OF the property. and that no additional
Insurance shall be allowed"
There is trouble among the members
Of an organization known as the Lady
Of the World.'' They have
been paying insurance assessments for
periods extending over the time since
the order was started in 1892, and they
want to know where the money is and
what is the legal standing of the
organiza tion. 1t is stated that the or
ganization was perfected by Miss Bina
M. West of Port Huron, Mich, who holds
the title of supreme record holder. The.
Chicago branches are called "hives,"
and there are ninety-seven of them.
while the membership is said to be near
ly 1000. sending yearly remittances of