The times. [volume] (Washington [D.C.]) 1897-1901, 1900-09-22
LATE LEGAL DECISIONS.

customs Of Indians In regard to the adop-
ton of children will be recognized by the
| State courts was recently decided in the
negative by the Supreme Court Of Oregon
! in the casr Of Nom She-Po VS.. wa-Win-r
La-Yeckt t62 Pae. Rep, 15). The suit was
between the mother and grandmother OF a
deceased Indian to determine who was en-
titled TO inherit certain lands which had
been allotted to him by the Government.
When the deceased was about four months
/ old he was abandoned by his mother and
| left to perish. and his grandmother took
him and cared for him until his death Ac-
cording to an immemoriai custom among
the tribes OF Indians residing on the reser-
walton, whenever an infant is abandoned
by its parent or parents the person caring
for 1t becomes its adopted parent and is
| entitled to all the rights and privileges
which Its natural parent possessed Under
this custom the grandmother commended
that she was entitled to inherit as the
| adopted mother. But the court held that
| adoption Is purely statutory and un-
known to the common law; that In order
/ 10 constitute legal adoption the require
| mehts oil the statute must be COMPLIED
with. and that as the right of adoption il
contrary to natural law. and as Indian
tribal customs are recognized by the courts
only where they are in conformity 10 nat
ural rights. the custom as to adoption
would not be sanctioned
The decision of Judge Morrow. Of the
United States Circuit Court IN. D.. Cali
| formal. in the case of Wong Wal VS.. WILL
hanson. granting an injunction restraining
/ the board OF health of San Francisco from
] cOmpplIiuV
to incubation with serum alleged to pre-
vent persons from contracting the bubonic
/ plague, after being exposed thereto ap-
pears in 1903 Fed. Rep. /. The board OF
health OF San Francisco adopted a resolu-
ton declaring that the bubonic plague ex-
isted in that city. and issued an order pro-
hlDIting any Chinese or Asiatic persons
/ from leaving the city without first submit
ting to incubation with a serum supposed
| to be preventive. The regulation applied
only to the Chinese and Asiatics. Suit was .
| brought in the name OF Wong Wal In be-
half Of the $4,000 Chinese residents of San
Francisco. asking for an injunction on the
! ground that the order was discrimination
l against the Chinese, and contrary to the
Constitution of the United States. In grant,
ing the injunction. Judge Morrow said that
the order and health regulations are not
! based upon any established distinction in /
the conditions that are supposed to attend
this plague. or the persons exposed to its
| contagion, but they are boldly directed
against the Asiatic or Mengolian race, as a
class. witho1t regard to previous condition.
habits, exposure to disease. or residence OF
the individual, and that the only justifiea-
ton offered for this discrimination a
suggestion that this particular race is mors
liable to the plague than any other. but
that no evidence to that effect was submit
ted. 1t WAS held that the action OF the .
hr,or Of h<,ol ,. una -sfs ttffn naI
The eonstitutionality of referendum"
was recently considered by the Supreme =
Court of Minnesota in the case of Hopkins
vs. City of Duluth (s3 n. W. Rep, $780,
The new charter of the city OF Duluth was !,
submitted to the vote OF the people for rat
ification under the constitutional amend
ment providing for the submission Of new
charters or amendments to the voters of
the localities interested. In a contest over
the election it was eontended that the con-
stitutional provision allowing the charter
to be submitted to vote for ratification pro-
vides for an apparent departure from re-
publican form OF government and IS. there
fore violative of that section Of the Con-
stitution of the United States which pro-
vides that the United States shall guar
antee to every State q republican form OF
government" etc But the court held that
the constitutional amendment of Mime
sofa was republican both in form and spir-
it, and did not violate the Federaf-Sopsti--
tuition In the opinion the court said in
part: at Is true that by the submission
of charters and amendments to uunicipal1s,
tiles in the manner provided for by the
amendment change is effected; but it<iss.
a change that by every historical sanction,
from the earliest times. is republican in
form and essence. The Federal as well as
the State Government is representative in
character and the people do not directly
vote upon the adoption of the laws by
which they are governed yet 1t cannot be ..
said that il they were able 20 do so a pro-
vision to effectuate that purpose would
not be republican We apprehend that a
little reflection must satisfy anyone that
the advantage Of providing local seIf-gov-
eminent of the voters directly interested
by referendum is abstractIy as welt as =
cOncretely more republican than through
representatives, Of the people in the Legis-
lature, many of whom are not at all in
terested in the affairs of a given locality
The suggestion that the constitutional
amendment authorizes a submission OF a
charter and amendments thereto through
the instrumentalities of commission has
no weight, so long as the final adoption de-
ponds upon the exercise of the elective.
franchise
fetal bond of the clerk of the Superior
Court, whose duty is to record mortgages.
etc, and who innocently enters forged
order canceling mortgage. was recently
considered by the Supreme Court of
Georgia. in the case of Suther vs. Banks
(36 S. E. Rep, $3.50. The court held as
follows; THE duties which the law i'm
poses on a clerk of the Superior Court in
relation to the record of mortgages and
entries of their cancellation, constitute
him as to them ministerial officer, not
withstanding the performance of these
duties requires, to some extent, the exer-
else of judgment and discretion. As
ministerial officer. the clerk and his
sureties are bound to any person who is
injured by the failure of such clerk to
perform. as well as for the improper or
neglectful performance of such duties.
Accordingly, when q mortgagor presents
TO such clerk an original mortgage of.
record and an order to the clerk, purport-
ing to have been signed by the mortgagee..
to cancel such mortgage on the record.
and the clerk has no knowledge of the in
of the order. nor any reason TO
suspect the same, the act of recording
the order does not render the clerk and
the sureties on his official bond liable to
a person injured by such entry. noewith-
the order was forged.
street railway company, under the
of the proper municipal or
county authorities. is held by the Supreme
Court of Georgia in the case of Southern
Company VS.. Atlanta and C. Com
pany (S6 S. E. Rep, S73), to have the right