The evening times., 1900-03-31
LATE LEGAL DECISIONS.

w hSIllNU1ON, OAIUhBA
LATE LEGAL DECISIONS.
The bylaws Of a plumbers association
which compel every member TO make week
ly reports in open meetings Of the work
done by him. and to pay hxed sums for
certain items Of plumbing work. il done
IN competition with other members are
held by the Supreme Court OF Tennessee,
In the case OF Bailey VS.. Master Plumbers
Association OF Memphis C46 T. r. A.. 56I
TO be void on grounds Of public policy be
cause tending to the destruction of free
and natural competition and TO the uurea-
sonable increase Of prices TO customers.
The mistake of a street car conductor in
punching a transfer ticket so as wrongly
20 Indicate the hour Of It's issuance. maxi
ing il appear that the passenger after. he
has promptly entered the first street car,
has no right TO ride thereon is held by the
Supreme Court Of Tennessee In che case Of
ORourke VS. Citizens Street Railway
Company (46 T. r. A. CID. not 20 de
priVe the passenger OF his right OF passage.
when he has taken the ticket believing it
is all that il should be- and makes fair
and reasonable statement OF the facts 20
the conductor; and the court further held
that condition printed on street railway
transfer to examine the date, time. and
direction, and see that they are correct is
void for unreasonableness.
Children born in lawful wedlCck within
the United States the father being a white
man and citizen OF the United States and
the mother an Indian woman who has
tod h.a - h.,
lives apart from her tribe. are held by the
United states Circuit Court in United
states vs.. Hadey (99 Fed. Rep. 431. 10 be
citizens Of the United States. and their
status is not changed by residence upon an
Indian reservation and receiving ailot-
ments of Indian Hand. The court held.
however that half breeds. who never re-
ceive recognition from their white parents.
but who are left 10 be nurtured during
childhood by Indian relatives. and who live
as sayages. and are subjects Ct governmen-
tai care. have the status Of Indians.
a communication by a life insurance
company 20 its soliciting agent stating that
The examining physician had forged the
name of the applicant for the insurance
policy is held by the Supreme Court OF
Iowa, I'm Nichols vs.. Eaton. 10 be a prlvi-
legged communication. for which an action
Tor libel against the company Will not lie-
As 10 whether there Was such excess OF
stat';nent i'm the communication as 10 con-
stitU,e evidence Of malice on the part or
the company the court held that iJ was for
the jury 20 determine.
Where a benefit certificate in an insur-
anCe company is TO be void IL the assured
becomes so far Incorporate as 10 impair
permanently his health. the Supreme Court
Of Illinois. in the case Of Modern Woodmen
Us. Davis t56 y. f. Rep. 3lJ holds that
the question whether he INDUCED in the
use Of intozicauts to such excess is for the
jury TO determine.
Persons staying at a hotel under con
tract for a special rate. which Is given 20
all who stay longer than a week. are held
10y the Supreme Court of Tennessee in
MeaCham VS.. Galloway D45 l. r. A. 3lsT.
not TO De guests for whose property the
landlord IS an insurer but TO be boarders.
FOR the loss Of whose property he Is liable
only in case or negligence.
The New York act OF 1895 requiring rail-
road corporations 10 issue mileage books
and providing a penalty for their refusal 90
DO so has been held by the New York Court
of Appeals iu Bear5sIey VS.. the New York.
Lake Erie. etc. railroads. 10 be invalid
as 20 corporations existing AZ the time OF
its enactment because iJ is violative OF
The provision or the Federal Constitution
which forbids the taking OF private prop
erry without due process OF law, and the
court further held that such act is not
valid exercise Of the police power OF the
State. nor OF the power Of the state 90
establish maximum prices for transpcrta-
. tion OF persons and property, hut is sim
: ply an enactment iu favor Of those persons
/ who are able or willing 20 purchase mileage
books
Where a railroad company refuses 70
permit the shipper Of cattle 10 feed and
/ water the cattle. the Court of Civil Ap-
I peals Of Texas i'm Missouri etc. Railway
/ Company VS. Seibold j55 s. W Rep 36Sl
. holds that damages may be recovered by
/ the shipper for injuries 10 the stock from
/ lack OF water and food
/ The fact thar an ambulance was carry
. ing an injured person TO a hospital aud
. going at high rate OF speed under the
direction Of a city surgeon, in order 10
save life. is held by the Appellate Court
I Of Indiana in the case OF Green vz-e Eden
. tJ6 y Z Rep 2fCl not TO affect the own
ers liability for the drivers negligence. by
+ reason o. which the plaintiff was run down
and injured
Where a conductor accepted ticket fare
. from a passenger VINO mad lost his ticket
but who afterwsrd returned AID demanded
additional train fare. and upon the pas
4 seuger's refusal 10 pay elects him al a
. lonesome. dangerous place. the Court OF
Appeals Of Kentucky. in Louisville etc
/ Railway Company VS. Joplin tj5 s W
Rep. 2O6D holds that verdict OF $500 was
3 not excessive.
1 II a bank in order to Increase its de-
pOsits or to sell its collateral through its
! board Of directors makes or causes TO be
made false statements concerning the
4 financial condition OF one Of its customers
I TO a third person, for the purpose Of mis-
+ leading him, IL is liable If loss results
OF II, having made such statements. il
/ conspires with its customer to make the
same public. TO accomplish the same pur-
4 pose. il is liable TO one who acts upon
I it to his injury.-Hindman vs.. First Ma
/ tiCnal Bank Of Louisville, KY, 9S Fed
/ Rep. So.
An interesting question as to whether
/ English poor-law guardians were entitled
T 10 eXpeud the poor rate in the maintenance
. of able-bodied men. who were out on
strike. has been recently before the Eng
I lish Court of Appeal in the case Of the At
T t0rney General vs.. the Methyr TyddI Union
. The lower court. by Lord Justice Romer.
. held that they were; but the Court OF
] Appeal unanimously reversed this decis-
7 ion, and held that able-bOdied men are not
I entitled to poor relief. il at the time they
are able to obtain and perform work at
I wages sufficient for the maintenance of
. themselves and their families. and that the
. circumstances Of the cOlliers' strike in