The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-09-11

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| that the skirts, covered with
mud, hung from it's sides; consequent
ly, she refused to accept the goods I'M
less first accorded a full inspection
Three months later, after Miss Brand
had begun suit in the seventh munic-
ipal court against Levi c. Weir, as
president of the express company, to
recover the value of the skirts, they
were placed in new box and again
| offered to her, with the statement that
/ they had been repaired. She rejected
/ them on the ground that, the season
being over, and the styles changed, no
use could he made of them, and they
were therefore worthless No inspec-
ton was granted, and the case, COM
| ing to trial, Justice Mexican gave iudg-
ment for the plaintiff for the value of
! the skirts.
In the case of Edward Kemble
against the Boston and Albany Railroad
Company and others, the interstate
commerce commission has decided that
the long and short haul clause is not
| violated by the lower export rate to
Boston than the domestic rate for the
| shorter distance to Boston. The com
mission says:
| 1T is not as a matter of law a vio-
lation of the act to regulate commerce
to make lower rate to the port of
| export upon traffic which is exported
sumed for the export rate is in essence
the division of through rate.
/ The decision of the commission in
| the import rate case having been over
ruled by the United States supreme
court, 1t follows that carriers are not,
as matter of law, prohibited from
making rates from points in the United
States to points in foreign countries on
| from points in foreign countries to
| points in the United States of which the
inland division or share aeeruing to the
carrier within the United States is less
than the tariff rate of such carrier on
| domestic shipments of similar COM
modities
Through tariffs showing total
charges on export traffic from interior
points in the United States to foreign
destinations, cannot, owing to the fluc-
tuation in ocean rates, usually be de-
ternined and published in accordance
with section of the act to regulate
commerce; and if the inland carrier
publishes and maintains it's division of
the through export race, it apparently
does all that it can do, and all that it
is required to do"
ColeTidge A. Hart, claiming that the
vacancy on the New York supreme
court bench, in the second judicial de-
partment, caused by the death on Aug.
3, 1896, of Calvin E. Pratt, had not been
legally filled at the November election
of that year, had himself placed in
nomination in 1897 by the prohibition
party and the independent citizens or
ganization to fill the alleged vacancy.
The secretary of state refused to certify
to such nomination to the election off,
Gals, and an application for a man
damus to compel him to do so was re-
fused. Mr.. Hart was alike unsuccesS-
full in mandamus proceedings against
the state board of canvassers, requiring
them ito determine and declare who
was by the greatest number of votes
at the last state election elected to fill
the vacancy in place of Calvin E. Pratt,
deceased" The court of appeals has
now affirmed the decision of the second
appellate division, which upheld the or
der OF the special term. Justice Pratt
died between 10 and II o'clock in the
forenoon Of Aug. 3, 1895. The general
election Of that year was held on the Sd
of November. The relator claimed that
under the constitutional provision that
such a vacancy shall be filled for O
full term at the next general election,
| happening not less than three months
after such vacancy occurred" the cleo
ton of Nov 3 took place less than three
months after the vacancy oc-
CURED, because both by the common
law end the statutory construction act,
the date en- which the event occurred
from which time is reckoned must pe
excluded from the computation The
court of appeals holds, by Chief Justice
Parker, that the proper proceeding to
determine title to such an office. held
by one under color of right, is by in
formation in the nature of quo war
ranto and not mandamus, to compel the
board of canvassers to declare wha was
elected. When the latter method is re-
| sorted to, the incumbent of the office,
not being a party to the proceedings
nor bound thereby, the supreme court
may refuse the writ, and its order de-
nying the application is not renewable
in the court of appeals.
The arrangement made between Ma
tilda Everdell and her sisters, Gather
inc and Mary l.. Everdell. that each one
should mako will leaving her proper
! ty to her surviving sisters and that the
last survivor should bequeath the es-
| tate to all her nieces, was yesterday
decided by Justice Scott, in the supreme
court, TO be perfectly legal Justice
| Scott practically reverses a decision of
ex-Surrogate Arnold, who admitted the
will of Mary L. Everdell, the last sur
| viving sister, to probate, although she
had ignored the agreement and left the
bulk of her property to two women
named Hill, with whom she had lived
some years before she died, in 1897
Miss Everdell's will was contested bv
several of her nieces, who contended
that their aunt was unduly influenced
| by the Hills and also that she had no
right to will her estate away from them
on account of the arrangement with her
sisters. The estate is worth about $25,-
900.
A penalty for failure of a railroad
| company to furnish cars TO shipper is
| enforced in a Texas case where lit is
held that there was no necessity of a
| contract for the cars to make the car
] rier liable for refusal to furnish them.
Bernard f. Garvey secured Judgment
| IN his favor on the trial of his suit
| against the Long Island railroad COM
| pany, for damages which he claimed to
! have sustained as the owner of the
| house rs Hanson place, in Brooklyn, on
| account Of continuous nuisance upon
| the company's own premises In the rear
Of the plaintiffs, largely from the
maintenance and operation Of a turn
| table the details Of the nuisance being
| thus described: Locomotives enter,
| move about in. and leave the yard to
| the number during the summer Of
about 200 daily, each making its char
| acteristic noises. such MS che kissing
and pounding of escaping steam, the
rumble Of wheels, the clatter Of irons
| the changing of bells, and other ir-ri-
| tating noises. Steam, smoke, cinders.
| ashes and noxlous and unwholesorne
frac. IN rnf frAA IN NE