, 1900-02-28

culated to preserve the public health
are valid, though they may abridge in
dividual liberty and rights of proper
ty."
A person who bores a hole into a
granary and steals the wheat which
runs out is kuilty of burglary, under a
recent decision of the supreme court of
North Dakota $50 n. w. Rep, 1881. In
this case it was contented by the de-
PENDANT that in order to constitute
burglary there must be an entry Of
the building, and as the evidence
showed that the grain was removed
through the opening made by the au-
ger, therefore defending did not enter
the building, and vas not guilty. But
the court held that the auger was used
first in breaking and again for the pur-
jose of setting the grain in motion,
and that there was thereby a legal en-
try and theft in law. The only other
reported case similar to this is that of
Walker VS.. State, 63 Ala, 40.
Where a confidential clerk for a SER
les of two years FORCES checks of his
employer and cashes them in the bank
in which his employer is a depositor,
and no notice is given to the bank by
the employer until two years after the
first forgery, it was held by the su-
preme court of Pennsylvania in the
case of Meyers VS.. Southwestern bank
GA Att, 2S0) that the bank was not
negligent in honoring the checks and
as between the bank and the employer
the latter cannot recover as he alone
was responsible for the loss on account
of his failure to examine the checks af-
ter payment and reject them in a rea-
sunable time. The court said that a
proper examination of the bank book
would have shown the first forgeries,
and that this was a duty which the de-
positor owed to the bank.
mo objection" said the court, "hav-
ing been made at the time of the first
settlement, the bank had a right to as
sumo that everything vas correct, in
iuaAh5 AZ WV NhNNhS Pun " NihS ~
be signed by him. His silence was tan
tamount to a declaration to hat eff
feet; and in afterward honoring checks
signed by the same person the bank
these signatures had been at least tacit-
ly recognized by the plaintiff as genu-
inc"
The recent case of the Mechanic Ma
tional bank of Trenton VS.. Harter (4i
Att. Rep, 715), decided by the supreme
court of New Jersey, likewise holds
that 1.-THE return to a depositor of his
check with a forged Endorsement, to-
gether with his balanced pass book,
casts on him the duty of exercising
reasonable care and diligence TO exam
inc the vouchers and the account as
stated by the bank and to inform the
able"
A novel case, involving the question
whether a person has legal right. in
drilling for oil, to use a pump which,
by its power, draws the oil from ad-
joining property, has recently been de-
cided in the affirmative by the supreme
court of Pennsylvania, in Jones VS..
Forest Oil company (44Atl. Rep, 1,074).
The parties to this suit own adjoining
farms, containing oil, and the defend
ant, operating a gas pump of powerful
suction, drew oil and gas from the
plaintiffs farm, thereby decreasing
the latter's production. The plaintiff
contended that there was a certain
fixed amount of oil and gas under his
farm, in which he had an absolute
property. The court held, however.
that the oil and gas belong to him
while they are part Of his land; but
when they migrate to the lands of his
%neighbor, or become under his control,
they belong to the neighbor, and that
possession of the land therefore is not
necessarily possession of the gas and
oil. Though this particular question
is somewhat Of a novelty" said the
court "the principles which control it
are very familiar, n perfectly well
settled"
A house kept by the Salvation army
for the charitable purpose Of affording
shelter to the poorer classes was held
by the court Of Queens Bench, in the
case of Logsdon VS.. Booth GA Solicit
tors Journal, 1857, to be a common
lodging house, under the statute re-
quiring common lodging houses to be
registered. The court expressed regret
that they were forced to this decision,
and hoped that those who were charged
with the enforcement of the law would
do all they could consistently with
their duty to avoid anything like
harshness or unreasonableness in its
enforcement.
after doctors failed to cure me OF
pneumonia, l used One Minute Cough