The times. [volume] (Washington [D.C.]) 1897-1901, 1900-03-10
LATE LEGAL DECISIONS.


LATE LEGAb UEClSlUNS.
Compiled Expressly for The Tunes
Criminal responsibility for a conspiracy
to cheat by Undertaking. seances Of q
protested medium is held by the supreme
Count Of Michigan. In the case 81 The peo-
pie VS. Gilman 90 L. X. A. 2tSi. 20 exist.
although IL IS contended that no crime was
committed. because it was an obvious hum
bug. which. 10 the nature Of thiuEs could
not deceive any rational being Tn this
case the defendant was convicted OF con-
spiraey 70 defraud others BY 'materializing
sednces, 10 which he was assisted ~
others. Before the proceedings collection
Of 81 would be taken up and a detective.
who was there for the purpose Of exposure.
paid his dollar. succeeded In showing the
imposture, and then began criminal pro-
ceedings.
The antitrust law has been recently up
held in the United States Circuit Court Of
the Northern district OF California in the
case Of Lowry Tile Mantel and Crate AS
sociation Fed. Rep. $40 and the dJc-r ne
OF the Addyston Pipe and Steel Company
decided by the United States supreme
Court has been followed and applied. IL
the California case the court held that r
complaint alleging that members % az
association have conspirel and combined
20 raise the prices Of tiles. mantels and
CRATES, TO control the output. and 20 regu-
late the prices thereof, with the intent to
monopolize the trade and commerce be-
tween the other States and California in
regard thereto as well as TO FIX arbitrarily
their prices. independently Of their natural
market value brings the case within ne
antitrust act OF July 2 1890 20 stat.
zo9l commonly known as the Sherman
antitrust act"
suit for damages was brought against
the city Of Williamsburg Va by a per
son who was struck and injured by
bicycle that was being ridden uuon a
sidewalk Of one Of the streets The con-
tention Of the plaintiff was that ne hi
cyclist was making an improper use OF
the street, and that the city was liable In
damages for the accident because it had
failed to pass an ordinance forbidding BIZ
cycles to be ridden over the sidewalk But
the Supreme Court Of Appeals held that
the city was not liable. on the ground
that the legislative powers which 10 pos
sesses are discretionary. and that the
municipality is exempt from liability for
an injury resulting from the failure 70
exercise them. Jones VS. City Of Will
liamsburg, "a s r. SS3)
Where persons conspire together 20 re-
fuse TO deal with merchant and induce
others TO do likewise. and IL does no, sp-
pear that their interference with his bust
ness was to serve any legitimate interests
Of their own. but that il was done mali
ciously to injure him. the Supreme Court
OF Minnesota. in the case Of Ertz VS. Pro-
duee Exchange Company (S1 y W Rep.
80. held that the merchant can recover
damages if he has sustained material
financial injury.
Attorneys must not refer in their briefs
to the elastic conscience of the oppos-
ing counsel or assert that he has eN-
hibited the ingenious skin Of an artful
dOdger.' says the Supreme Cont Of
Florida in the case of State VS.. Call 20
So Rep. 1870. 1T is not complimentary.
observed the court. Ito suppose that such
statements would divert the courts atten-
ton from the points at issue. or be given
the slightest weight and they should be
omitted"
The English Court of Appeal IN the
case OF the South African Breweries VS.
King (35 s J., 40 has recently decided
that contract made in Johannes burg
under which an Englishman was employed
by an English company to serve the com
pany as a brewer. or otherwise. in their
business carried on at johannesburg and
in the colony of Natal. or elsewhere in
South Africa, ought to be governed By the
law Of the South African Republic.
Under statute in Kentucky against
peddling without license the Standard
Oil Company was convicted and fined $50,
but the Supreme Court Of Kentucky, on
appeal (55 S. W. Rep. 81. held that on
the facts the company is not guilty. The
statute in question requires the applicant
for a peddler's license to have good moral
character. and TO enter Of record his
name. age. weight, height. color Of hair
and eyes. and the court held that as
this statute cannot be complied with by d
corporation, a license could not issue to
the corporation. But the court held that
a corporation could be punished for ped
ding without license, on account u
sales made by its unlicensed agent.
Where the husband collects and rses
the wifes money. with her knowledge and
consent. the Supreme Court OF Appeals OF
Virginia. in the case of MCConviIle vs..
National Valley Bank Is Va $. r.. tS5l
holds that the law does not imply the
promise Of repayment. as would he the
tase If they were strangers. but presumes
hat the receipt and use Of her money and
her property, or its proceeds. was 4 gift
IF them by her to her husband and not a
oan.
The Supreme Court Of Appeals Of vir-
yinia. in the case OF the Southern Bell
Telephone and Telegraph Company VS.
Elements % Va. $. r. ssh holds that it
s the duty Of a telephone company TO use
rdiuary care to provide and keep its poles
n a reasonably safe and sound condition
or use by its employees. and they refused
o disturb a judgment in favor Of an EN-
lloye whose duty it was to climb poles for
he purpose Of putting up wires. and who
vas injured by the falling OF a defective
,ole. where the evidence is doubtful
whether the employe had knowledge that
be pole had been marked unsafe.
The power Of the Governor or military
ficer in command to suspend the writ Of
abeas corpus. or disregard il, II issued.
or the purpose Of suppressing an insurrec-
ion or rebellion. has Deen sustained by
he Supreme Court Of Idaho in re Boyle -
4. r A. 1927. and on the application for
uch a writ the truth OF the recitals in the
Governors proclamation is held not 20 be
pen TO question.
A city discharge Of sewage into a stream
d such quantities as to destroy the value
( property Of lower riparian proprietOrs
nd to be destructive Of health has been
ED by the Supreme Court Of Errors OF
Connecticut in the ease OF Plat VS.. City
{ Waterbury t45 AtL 54J to be an un-