The times. [volume] (Washington [D.C.]) 1897-1901, 1900-03-17

having begun to erect four blocks of fats.
each Of which was planned to contain four
hats-making sixteen fats in all-the
plaintiff asked for an injunction restrain
ing him from proceeding. The lower court
decided, however. that a fiat was not a
house within the meaning of the agree
ment, and refused the injunction. On ap-
peal this decision was sustained the courts
holding that each fiat although sub
division Of the main building. did not con-
stitute a separate house in the sense of
the agreement.
A grave constitutional question has been
raised in Cape Colony with respect to the
right of the military authorities TO hold
or deal with British subjects captured or
held in the colony after being found in
arms against the Queen, or on suspicion
or charge of assisting the Queens enc
mics. The acts charged against such per-
sons, IL done within the colony are cog
nizable under the Roman Dutch law as to
treason. and If done in the Transvaal or
Orange Free State are cognizable under
the English acts as to treason abroad. and
are -triabie in England. Rules for writs
of habeas corpus seem to have been
granted, with a view to determine the
legality of the custody of persons detained
by the military authorities for treason in
the Cape. Alien enemies are, speaking
generally. in no wise entitled to the pro-
lection Of English law or to The writ OF
habeas corpus.
Where the rule has not been changed
by statute" said the United States Cir
cult Court of Appeals for the District of
Colorado, in the case of Clark VS.. Russell
(97 Fed Rep, 900), I'VE have this anoma-
lous condition that when passenger and
his baggage, are injured-in the same wreck.
the railroad is liable for damages to the
baggage, irrespective of its negligence
In this case a statute of Nebraska doing
away with this anomaly. and putting the
passenger and his baggage on very much
the same footing, was attacked as uncon-
sttutional, in that it deprived the railroad
company of its property without due pro-
cess Of law and denied it the equal pro-
lection Of the laws. But the court held
that the statute was a valid exercise of
legislative power, and not in violation OF
the constitution.
municipality has power to provide by |
ordinance that a member of the council |
who removes outside his ward shall be |
deemed to have resigned his Office. The |
fact of removal being conceded, the office |
may be regarded and treated as vacant, |
and the number of members of the coun-
ell thereby reduced accordingly. Where |
sist OF a majority Of all the members elect
ed and remaining qualified t436 Ohio Law
Bulletin, 112).
Where a note was stamped with postage
stamps instead of revenue stamps i. is in
valid but may be revived by appearing be-
fore the collector of the district and prov
ing that the failure to use revenue stamps
was without intent to evade the revenue
law, and the affixing Of the proper amount
OF revenue stamps to the document; and
where a note, through inadvertence, acct
dent, or mistake. was not stamped as re-
quired by the revenue law, at the time it
was given, 1t may be revived and made
valid at any time before it is offered in
evidence, by the parties appearing before
the collector for the district and showing
that the failure to put on and cancel
stamps was without intent to eyade the
revenue law. (Ex parte, Watson. before
Referee Farmer, Boston, Mass. 20 L.. Reg
lister 1911
The above decision is sustained by the
BY statutes in the State of New York it
Is misdemeanor to catch, kill. or have in
ones possession, pike, pickerel. bass, and
during the closed season. In
these statutes the Supreme
Court of New York, special term. in the
case of People vs.. Buffalo Fish Co. (62 ".
Y, Supp 543), holds that in as far as they
affect the possession and right of sale by a
citizen of that State of fish imported by
him from without the State they are I'M
and void in that they de-
priye a person OF his property without due
process of law.