The evening times., 1900-03-03
LATE LEGAL DECISIONS.
tCompired Expressly for The Times.)

against him that he can neither see nor
/ hear him. the Supreme Court OF Utah t4o
l.. r. A., 63S) holds that the defendant has
been denied the constitutional right OF be
ing confronted face to face by his accus-
ers and the witnesses against him. In TINS
case. when the principal witness, cniId
OF six years. was put on the stand, witness
stated that she was afraid to tell because
she feared her father, meaning the defend
ant. At this time defendant was sitting
with his counsel in front of the witness and
jury, and the court thereupon, without fur
ther testimony eross-examination OF the
witness, ordered defendant to take a seat
in part of the courtroom where he could
neither see the jurors nor the witness. nor
hear any of the testimony of the witness.
| This action OF the judge was held, on ap-
peal, to have the effect of denying defend
ant fair trial. The court, however, rec
| ognized the right of the trial court in
criminal cases, in the interests Of justice,
to protect witness and to control the con-
duct Of the accused. but held that the dis
cretion must not be exercised in violation
Of constitutional rights
The Supreme Court Of Illinois holds that
ii has the power to ask an inferior court
to proceed where such court refuses to
act but that il has no power to direct in
what manner the court shall act. The
question arose in the case OF knight VS..
Underwood on motion for leave to file
petition of mandamus TO compel the de-
fendant justice of the peace, to issue
warrants against one McNabb, who was
alleged to have sold a mixture of o!eomar-
garine and suine with butter, in violation
of the statute. The court held that It
could not ask the justice of the peace to
issue warrants. saying that II he entertains
,aNa.A .t,- Ixar, hxran
pealed or that ii is unconstitutional he has
a right to enter such judgment as he sees
fit. Opposed to this decision is a recent
one by the Supreme Court of Alabama in
the case of Benners vs. State (26 5. r.. Rep,
9f2), holding that mandamus Will
lie against a justice of the peace
TO require him to issue war
rant of arrest for violation OF
a criminal statute, although the justice re-
fused to issue the warrant on the ground
that the statute creating the offence is in
valid And the court further held that it
would not dismiss an appeal because there
was no real controversy, the proceedings
having been instituted simply for the pur-
pose OF obtaining a speedy decision OF the
validity OF the statute
The Office of coroner has been held to
be a lucrative one by the Supreme Court
OF Commissioners of Crook County (59 Pae.,
.7a7). One unfamiliar with what is termed
a lucrative office in law might be inclined
TO infer from this decision that the geo
graphical location OF the West tended to
increase the revenues of the coroner. but
according TO the legal definitions "an office
to which salary, compensation, or fees are
attached is lucrative office. and in this
case the question had to be judicially de-
hot Ff,nr hA
coroner came under the statute prohibiting
a person holding a lucrative Office from
being interested directly or indirectly in
any contract with the State. etc.
The New York Society for the Preven-
tion of Cruelty to Children. incorporated
under the. laws of that State, has been
held by the Court of Appeals of New
York, in the case of People VS.. n. Y. Soc,
Etc. (55 y. e. 1063l, not to be a charitable
institution, in the sense that it would be
subject to visitation and inspection by the
State Board of Charities. In this case
former Senator David b. Hill appeared for
the appellant.
There is an ordinance in the city Of Mur-
fTeesborO Tenn. prohibiting the sale of
merchandise On Sunday Under this law
the Supreme Court of Tennessee in the
case of Mcdowell VS. Murfreesboro GA S.
w. Rep. 956i. has held that a person who
delivers goods on Sunday which were pur-
chased and set aside on Saturday evening
is guilty Of violating the ordinance. on the
ground that the title TO the goods did not
pass and the sale was not executed until
delivery was made. Therefore the sale in
contemplation of law was on Sunday when
the goods were actually delivered, and not
on Saturday. when they were simply or
dered and set aside.
The admission into the Union of the
State of Nebraska upon an equal footing
with the original States in all respects
whatsoever by the act of Congress Of
February 9 1867 though made subject to
the condition that the people adopt the
Constitution OF the United States. is held
by the Supreme Court of the United States
in the case of Bollu VS.. Nebraska go Sup.
Rep 2S7l not to make the Fifth amend
ment of that Cons titution. requiring an
indictment of a grand jury for felony
case. applicable to procedure in the courts
of that State.
In Maine it is provided by statute that in
order to render town liable for injuries
received from a defective way the muri i
pal officers, highway surveyor, or road
commissioner must have had "twenty-four
hours actual notice of the defect or want
OF repair" and in constituting this statute
the Supreme Court of Maine in the case OF
Gurney Us. Rockport as All, 310l holds
that such actual notice must be Of the
particular defect which caused the injury,
and that notice of cause likely to pro-
duce the defect is not sufficient.
When city marshal sends person to
buy beer and gives him the money to pay
fer it for the purpose of securing evidence
against the person selling the same. in vio-
lation OF an ordinance, the Court of Ap-
peals of Colorado in the case of Walton
vs. City of Canon City go Pac. Rep. S40J
holds that public policy will not permit the
city to recover a penalty for the violation
of the ordinance thus instigated by one CT
its officers.
In a divorce case in Kentucky, brought
by the husband against his wife on the
ground that she was a habitual drunkard,
Judge Storey refused to grant the divor
because the evidence showed that the hus-
band had been married before and had en-
tered into the second marriage within four
months of the death of his first wife and
in so doing he had been guilty Of want
of ordinary care
The Court of Appeals of Maryland has
recently decided in the case of Coyington |
VS.. Buffet (45 Atl., 20D that, under the |
provision that each house |
shall be judge of the qualifications and |
elections of its members" the Senate of |
the State of Maryland has the sole right |
of deciding that vacancy exists by reason |
Of a member becoming disqualified, and |
that the courts have not the power so to
declare. and until the Senate has deter
mined that a vacancy exists the court can
,ot order an election to fill the vacancy L