The evening times., 1900-03-03


fit Opposed to this decision is a recent
one by the Supreme Court OF Alabama in
the case Of Benners ys. State l26 5. +. Rep,
S42). holding that mandamus VIII
lie against justice Of the peace
10 require Iim TO issue war
rant OF arrest for a violation Of
a criminal statute. although the justice -
fused TO issue the warrant on the ground
that the statute creating the offence is in
valid. And the court further held thai il
would not dismiss an appeal because there
was no real controversy. the proceedings
having been Instituted simply for the pur-
pose Of obtaining a speedy decision OF the
validity OF the statute.
The Office Of coroner has been held 10
be a lucrative one by the Supreme Court
OF Wyoming in the case Of Baker vs.. Board
Of Commissioners Of Crook County t5s Pac.,
591)- One unfamiliar with what is termed
a lucrative Office in law might be inclined
10 infer from this decision that the geo
graphical location OF the West tended tc
increase the revenues of the coroner. bus
according TO the legal definitions "au Office
TO which salary. compensation. or fees are
attached is q lucrative office 90 and in this
case the question had 10 be judicially de-
cided in order to determine whether the
coroner came under the statute prohibiting
person holding a lucrative Office from
being Interested directly or indirectly in
any contract with the State. etc
The New York Society for the Preven-
tion OF Cruelty 20 Children. incorporated
under the laws Of that state. has been
held by the Court Of Appeals OF New
York. in the case Of People vs.. y. Y. Soc.
Etc. I55 y. E, l063l. not 10 be a charitable
institution. in the sense that il would be
subject to visitation and inspection By the
"a of IN
former Senator David B. Hill appeared for
the appellant
There is an ordinance in the city OF Mur-
freesbOrO. Tenn. prohibiting the sale of
merchandise. On sunday. Under this law
the Supreme Court OF Tennessee in the
case Of Mcdowell VS.. Murfreesboro GA 5.
". Rep. SI6l. has held that person who
delivers goods on sunday which we're pur-
chased and set aside on Saturday evening
is guilty Of violating the ordinance. on the
ground that the title TO the goods did not
pass and the sale was not executed. until
delivery was made. Therefore the sale in
contemplation Of law was on Sunday. when
the goods were actually delivered. and not
on Saturday. when they were simply or
deTed and set aside.
The admission into the Union OF the
State Of Nebraska upon an equal footing
with the original States in all respects
whatsoever" by the act of Congress OF
February O. 1867. though made subject to
the condition that the people adopt the
Consultation OF the United States. is kald
I by the Supreme Court Of the United States
in the case of BOllu VS. Nebraska go Sup.
1 Rep. 2S7l DJt TO make the ? -th amend
ment Of tLat Constitution. requiring an
I Indictment of grand jury for a felony
case. applicable 10 procedure in the courts
of that State.
In Maire il is provided by statute that Ia
order 10 render town liable for injuries
/ received from 8 defective way the mu-i l.
pal officers, highway surveyor, or road
commissioner must have had 'twenty-four
hours actual notice OF the defect or want
OF repair" and in constituting this statute
the supreme Court of Maine In the case Of
/ Gurney Us. Eockport tt5 At, 3l0l holds
that such actual notice must be Of the
particular defect which caused the inju Y,
| and that notice OF a cause likely 10 pro-
duce the defect is not sufficient.
When a city marshal sends person to
buy beer and gives him the money TO paw
for Il for the purpose of securing evidence
against the person selling the same. In vio-
I latiOu OF an ordinance the Court OF Ap-
poals Of Colorado iu the case OF Walton
vs.. City Of Canon City go Pac. Rep, S40l
holds that public policy will not permit the
city 70 recover 4 penalty for the violation
OF the ordinance thus instigated by one Of
its officers.
In divorce case in Kentucky. brought
| by the husband against his wife on the
ground that she was a habitual drunka-d,
| Judge Storey refused to grant the Givor g
| JeCause the evidence showed that the nus
/ band had been married before and had en-
tered into the second marriage within four
months OF the death of his first wife and
in so doing he had been guilty CT a want
OF ordinary care"
The Court OF Appeals OF Maryland has
! recently decided in the case of Covington
vs.. Buffet (45 Att, 20D that, under the
I constitutional provision that each house
shall be judge OF the qualifications and
| elections of its members - the Senate OF
] the state Of Maryland has the sole right
( OF deciding that a vacancy exists by reason
Of a member becoming disqualified. and
| that the courts have not the power so to
declare and until the Senate has deter
mined that vacancy exists the court can
/ not order an election to I'll the vacancy
| The question in this case arose on petition
of mandamus BY J. Harry COvingtOn to
| compel the board Of supervisors Of eiec. ion
/ for Talbot county TO print his name IS the
/ nominee Of the Democratic party for State
StudtUi DL ttC bAOuAu NLdl E1GIIH L. LOQ-
/ sou, who had been elected Senator. had ac-
| eepted a Federal Office and removed from
| the county, thereby creating a vacancy.
| A minority OF church members. after
/ forming mother organization on the
| ground that "the majority have abandoned
| the OK iginal articles Of faith" are held by
1 the Supreme Court Of Texas In the case Of
! the First Baptist Church of Paris W. Fort
/ ct al "a $ W Rep, S92) not TO De en-
| titled to obtain the possession Of the
/ church property The minority conteuded
/ that as they adhered to the original con-
| fessiOn of faith. and We're in fact. the First
/ Baptist Church, they were entitled to the
| property which was dedicated TO that in
| stitutiOn. The court declined to 90 into
| the question as to which faction was right.
| from a theological standpoint. and decided
/ that under the rules Of the original orgaui-
zation the majority should control, and
as the minority took membership with
| those rules in force, they must abide the
result.