The sun., 1900-07-29
NOTES or LEGAL EVENTS.

escorted nlin TO "a carriage draWn by lour whltn
horses decorated with purple plumes. Pre-
cedcd by band. the carriage made It's way
through the principal streets of Ito city to tho
Judges house, followed by a procession OF
Els and others. In a speech 10 the crowd
which had assembled about his home. Judge
Fisher said that the Order OF Elks WIS thor
oughly American organization. TO be found
wherever float the Stars and Stripes. lie
expected soon to announce the establishment
OF lodge in Honolulu. Not long ago the Elks
were DIVIDED by factlonal d.fferen 'es and
Jamestown was the headquarters Of one fa"-
ton; but now harmony prevails throughout
the order. The new head was chosen County
Judge Of Chautauqua county In 1906 Another
distinguished resident OF Jamestown. Justice
John Woodward OF the Supreme Court. Is a
prominent member Of the order Of Elks
Several libel suits Of an extraordinary char
acter have recently been before tle courts in
England Ono Of these was brought against
the prorr!etors Of the journal called TT Bits
by Prince Charles de Looz ct Corswarem. on
account OF the publication OF an article which
stated that the plaintiff was serving a long
term OF imprisonment in a penitentiary in
Belgium. II turned out that this statement
was not strictly correct. Upon the trial before
Lord Chief Justice Russell and jury. how
ever the de.endants proved some damaging
facts concerning the Prince In mitigation OF
the libel. Proof was offered to the effect that
he had dcfrauded lodging-house keepers in
London by the false Representation that hc
was going to marry tho Princess DenGotl 70
lady whom lie had never seen. In Pari, lie
was convicted of fraud in 1894, but tiis wdl
in his absence. under tho French system which
does not require the presence OF the defendant
In minor criminal cases, Finally he was tried
In Brussels. In 1890, upon similar charge.
but was acquitted on the ground that he WIS
subject to ambitious monomania and hered-
itary mental degcn'racy. Tho jury IN the
English case gave the Prime one farthng
damages. which saved the defendants costs,
as they had paid 40 shullngs into court.
criminal prosecution for libel has been
Instituted In London against Mr.. Peter Andcr-
son Graham, the author Of a work entitled
The Perls Of FL ,lish Agriculture" IL this
book he charges that all the sari'arr inspectors
In England are corrupt, except perhaps one in
hfty. 4 general accusation of this nature,
not specifying tho persons aimed at any more
particularly. has usually been deemed by the
courts insufficient to sustain a civil action for
us4 iIlS was Htlu DN lnt OlG New
York Supreme Court in the case OF Sumner
against Burl where the publication reflected
upon the general conduct Of the officers of a |
regiment OF rifernen which performed a few
weeks service ia 1918 The plaintiff was an
ensign In company known as the Albany
Greens. but there was no special reference TO
him Ia the article. majority of the court f,
through Chief Justice Thompson, sad that
kaI, ~. 4
damages can be presumed, and the class or
individuals so numerous to whom IL would
apply, that great vexation and oppression
might grow out OF n multiplicity OF suits no
private suit shall 20 sustained, but proceed
lgs agains the offender must be hy indict-
ment" (See II Johnson's Reports. page 47s)
There is an old Scotch case. however In which
civil action was maintained which was
brought by Lieutenant Colonel in behalf Of
his whole regiment for defamation In calling
them a regiment Of towards and backguards.-
In Ohio there Is q statute which provides
that child born after the execution OF a will
by the parent shall take the same share Of the
estate, both real AID personal, as he would have
been entitled 10 receive If the testator had diod
without leaving will. married woman
made will by which she gave all her property
70 hor husband, saying: should any child or
children be born TO me hereafter. il ,hall In no
wise alter or revoke this will" A child was
subsequently born. who survived her and tho ,
question has arisen In Ciacinnau whether this !
child was entitled 10 share OF he property |
under The statute 10 viii IA we have fcrred !
or whether the clause which We have quoted !
from the mothers will was eryctual 10 dis !
inherit him. Both the court of frat instance |
and the Circuit Court on appeal have held that !
the operation of the statute in favor Of an after
born child cannot be- defeated by declaration |
in the will OF an intent on the part Of the testa-
tor that such child shall not take The dis |
Inheritance clause Is therefore pronoun ced |
invalid. The New York statute gives an after
born child the portion 1t would take If the parent
died intestate in case such child Is neither !
provided for nor IN any rdy mentioned In such ,
will" In this State. therefore, tho Ohio case
would probably have been decided differently,
as the child was mentioned in the will,
The United States Circuit Court Of Appeals
for the Eighth Circuit, sitting at st Louis
has just reversed itself in an ,impCr'ant Case
relating to the navigation Of the Mississippi |
River. A vessel owner brought a suit in ad-
miralty against the city Of Shakorce, Minn.
for damages done to his hoat by CoIiiding with
a bridge maintained by the CITY lie claimed
that the signal lights rrescribed by the Light
house Board We're not displayed on the bridge,
but offered no proof rs 20 what lights were
thus required. The District Court Of the
United States for the District Of Minnesota
Judge Lochrcn decided HgainSt him, hold
ing that inasmuch a. the regulations Of the
Lighthouse Board We're neithor pleaded nor