The times. [volume] (Washington [D.C.]) 1897-1901, 1900-05-05
LATE LEGAL DECISIONS.

A statute authorizing compulsory vacci-
nation is held by the Supreme Court OF
North Carolina. in State VS.. Hay tS5 s E
Rep, 45s} to be valid and proper exer-
else OF the police power of the State to
legislate for the public welfare, which is
inherent in the General Assembly. This
question has only recently been raised.
and in each case the constitutionallty of
the statute has been upheld. Morris vs.
City Of Columbus $50 S. T. Rep. $50; Blue
vs. Beach, Sc N E., S9).
Making mortar beds for the erection OF
buildings abutting on the streets Of
populous city is held by the Court % An
peals Of Kentucky In Strauss VS.. civ Of
Louisville t55 s. W. Rep. .075) not Z, be a
nuisance. The occupancy OF the streets
for such purpose. said the court, is always
temporary, and would seem TO b. nsccs-
sary for the erection OF buildings by abut-
ting owners. In this case the plaintiff
says that while she was passing along the
pavement opposite some mortar beds
piece Of lime vas carelessly thrown
therein. and some Of the mortar spattsred
into her eye, causing great suffering She
charged that the mixing OF mortar on tho
sidewalk was nuisance and menace TO
the safety of pedestrians. and asked dam
ages for her injuries. But Judgment was
given against her.
In computing the FIVE days allowed a
Governor for the consideration OF bill
the Supreme Court OF Louisiana, in Stats
VS.. Michel t27 So. Rep. 565), holds that he
mas natural" or Astronomical" day and
not an artificial day. and that in this sense
day begins at II o'clock midnight. and
extends through twenty-four hours to the
next IL O'Clock midnight.
The United States Circuit Court Of Ap-
peals in United States VS.. Barker Geo
Fed. Rep, $40 holds that postmaster is
liable on his bond for the amount Of money
orders ostensibly issued by him, and which
have been paid by the offices on which
they were drawn and charged to his ac-
count on the books OF the department,
although in fact his name was forged to
such orders. where through his negligence
they were delivered in blank to a stranger
in violation Of the rules of the department,
for the faithful observance of which his
bond was conditioned.
Where the anchor OF a schooner became
entangied in an ocean telegraph cable and
In order to release it the officers cut the
cable the United States District Court for
Connecticut 600 Fed. Rep, 1l5l held that
the officers were guilty either OF willfuI
injury to the cable. or cLlpable negligence
for which the vessel was liable. Cor the fol-
lowing reasons: First the statute (25 Stat.
c. II, Sec. 81 provides that cable shall
be cut only when It becomes necessary Z.
order 10 save life or limb or a vessel. Sec
.ond, there would have been no difficulty
in waiting anchored as they were until
morning. and then cutting the anchor when
the tug came to take them on their course
Third, it appears from the testimony OF
the master that they had another anchor
on board. Fourth. Article VII OF the
Treaty of 1884 provides that owners Of such
cables shall remunerate vessel owners who
can prove that they have sacrificed an
anchor in order to avoid iniuring such
cables.
Where it is alleged that the refusal of r.
bank to pay depositor's check is mali
cious and the plaintiff elects to sue for
damages. the New York Supreme Court, -
Appellate Division. m Davis vs.. The
Standard National Bank, holds that he may
recover damages for the impairment OF his
credit, for injuries TO his feelings. and for
mental anxiety; and it was further held
hat if the banks refusal to honor checks
is intentional and without Just cause or ex-
,use, legal inference of malice arises. al
any willful intent to injure the depositor.
The sum of $50, furnished to mining
as a grub stake" is held by
the Supreme Court of California, IN Prince
ct al. VS.. Lamb go Pac. Rep, 6se), not to
be an adequate consideration to entitle the
one who furnished the stake to share in
mining interests valued at 81 ,00a, 600
which were discovered by the prospector.=
In this case the plaintiff furnished the de-
Lamb with $50 to enable him to
go to Alaska. or the Northwest Territory,
TO prospect for gold and other precious
metals. and in consideration of the $50
they were to have one-half of any mines
Or claims located or acquired by Lamb,
and one-half of all the minerals extracted
Lamb located certain mines and mining
claims valued at 81, 110. 200 and extracted
during one year s350GO0 worth of gold.
The plaintiffs now ask that Lamb be re-
luired to convey to them a one-half inter-
est in the mines. But the Supreme Court
denied the relief on the ground that the
contract was not just and fair, and held
that they would take judicial cognizance
that $50 was not an adequate considera-
ton ip equity TO entitle the plaintiffs 10
one half the fruits Of so toilsOme and ex-
pensive a journey, to say nothisg about
the expense of procuring the property in
The ordinance known as the plumbers
license ordinance" Of the city Of Chicago
'equiring a master plumber to obtain
license for each place of business and to
ray for such license fee of $50 per year,
md providing that no person shall per-
orm any plumbing work without having
irst obtained a license under penalty of
fine has been held by the Supreme
,ourt OF Illinois in City of Chicago vs.
vilkie ct al. to be constitutional and valid.
A boy ten years OF age was sitting on
he top rail of pile OF iron rails which
he National Contracting Company had
diligently piled, to be used on a street
ailway. when the rail he was sitting on
Tipped. crushing his left leg SO severely
s to require amputation. The boy sued
1r damages ard obtained a verdict Of
TO- 900. The court he'd that TIE evidence
-as sufficient to Justify the jury in find
lg that the accident was caused by the
riginal insecure piiing of the rails. That
edestrians would step upon the pile in
rossing the street." said the court and
hildren play around il and sit up5n ii TO
est, was quite within the range OF prob
bility. and therefore the duty was inn
osed upon the defendant Of exerci ing
Ich care as would render the obstruct on
safe in view of such anticiTated
ses' The verdict was held to be ex, es-
i've ramsey VS.. National Contracting
ompany. IS n. Y Supp ESQ.,
The by-Iavs of an association which re-
uire debtor who refuses to pay claim
, a member of the association to submit
10 claim to arbitration. are held by the
1nreme Court of New York, in Reynolds