The times. [volume] (Washington [D.C.]) 1897-1901, 1900-11-17
LATE LEGAL DECISIONS.

lucky. in the case OF the United States W
Moore t10i Fed Red, 7S). According to
his decision mere obscenity in pubIica-
tion is not sufficient to make the mailing
Of it an offence. In addition 10 being OBJ
scene, the paper mailed must also be bath
| lewd and lascivious The article in ques-
| tion is entitled, 1.-THE Virgin Mary and
ridicules the idea of the supernatural origin
Of Jesus. But Judge Evans holds that
though the article treats the subject in
| coarse and obscene language. yet it is not
nom ma liable. because IL is not 1ewd or
lascivious in the sense OF the statute. The
| language Of this publication respecting God.
in which the writer insists that Mary was
| unchaste. or else that Jesus was the son
of Joseph, may be blasphemous. but the
statute does not forbid the mailing of
merely blasphemous writings. What was
mailed in this instance might be libelous
OF Mary IL she were now living: but libels
even as disgusting to every refined, even IL
unbeiieving person. as this must be. are
| not unavailable under the statute. The
coarse accusation against Mary. while pos
sibly obscene is in no sense lewd or las
civious within the meaning Of the statute
as construed by the Supreme Court, as it
would in no way allure Or invite. and evil
IDENTIFY was not intended to allure or invite,
any person to sexual impurity. or TO inn
moral conduct. as distinguished from re-
ligious or irreligious beliefs
A verdict of s12,500 in favor of drafts
man and painter whose right hand was
injured in an accident so that he could
no longer use a pencil or paint brush was
reversed by the New York Supreme Court,
Appellate division C'reeland VS.. Brooklyn
Heights Railway Company, IS N. Y. supp
32D on the ground that drawings not con-
nected with his business as craftsman
were improperly exhibited to the jury 10
show his artistic skill. "tThese drawinss)
represent landscapes and other scenes"
said the court. "either copied from ra-
ture or the offspring of the plaintiffs
fancy. having no conceivable relation TO
his business. They offered no basis for
any estimate OF pecunisry loss sustained
by the plaintiff in consequence Of his in
ability to produce similar sketches in the
future; yet il is impossible to avoid the
conclusion that the production and ex-
hibition to the jury of these pictures,
coupled with the statement that the plain
till could no longer enjoy the artistic sat
isfaction which he formerly derived from
thus using his pencil must have Fad an
effect to augment the verdict.
The extent of the plaintiffs disability was
shown when it was proven that he could
not use pen. pencil, or paint brush With
his right hand. For all of this he was en-
titled to compensation. But there was ne
allegation in the complaint that his dis
ability debarred him from any particular
pursuit aside from his usual vocation. nor
could specific damages be allowed there
for unless it was pursuit in which he
earned money Justice Woodward dis
;ented and held that the drawings in ques-
lion were admissible. 1.-The plaintiff is
craftsman, as he testified said Justice
land we see no objection to
he introduction of drawings of his own
IS evidence of his skill. where it was
shown that he was rendered incapable of
Icing this character OF work by reason Of
he injuries received through the negli-
,ence of the defendant The recovery
ought was for the injuries sustained. and
was proper to show that he was man
apable of making artistic drawings. and
hat he has been deprived of that facul-
y by reason of his physical injuries"
Under the laws of Mississippi. allowing
sister or brother to sue for the death
( sister or brother. the Supreme Court
I that State. in the case of Illinois Gen.
raj Railroad Company VS.. Johnson t2S
o. Rep, 1881. holds that an ilegitimate
alf-sister cannot bring an action for
anna ges for the wrongful death of her
alf-sister; that Nightmares are never
Onsidered as being included unless they
re expressly included in statutes giving
ersons remedies which they did not have
common law. In defining the condition
illegitimates at common law the court
aid that they were the children of no
Ddy. not even their own mother. and had
o kindred. They could Inherit nothing
Or could anyone inherit fram them,
I'VE their own legitimate offspring Thy
ere the beginning of their race; not
zen kin to human kind: monsters. so TO
peak. conceived in sin and born in in
Iuity with no rights. no name, and no
sople.''
Where one assaults another with intent
kill, and the assault is accompanied by
act which. if death had resulted thare-
ON, would have constituted murder in
lie second degree. the Supreme Court of
lorida, in the case of knight vs. Safe
s So. Rep. 1851, holds that the party
mmitting the assault will be guilty OF
assault with intent TO commit the
lony Of murder in the second degree:
It il there be no intent to kill. the party
mmitting the assault cannot BE- convict-
for an assault with intent to commit
felony. even though the circumstances
e such that had the party assaulted
ed the party committing the assault
,uld have been guilty of murder in the
cond degree.
Where a salt manufacturer adjacent TO
flowing stream draws water thsrefroU
such quantity as TO diminish its flow,
d III using il in mis- operations renders
e rest CT the stream so salty as to unfit
for by lower riparian owners. the
urt of Appeals of New York in the ease
Stobel vs.. Kerr Salt Company t5S y. e
p. 1iz), holds that such use of The
cam is such an unreasonable one as
titles lower riparian owners to restrain
since they are entitled to a fair par
lpation in the use OF such water. which
mot be abridged by the convenience or
'essity of the business OF an upper ri
ian owner
he question OF whether certificate
lie by another in fact. but purporting 10
made by a township clerk. reciting that
o gopher tails had been presented TO the
k by one Stewart, and that he had de-
yed them. constituted forgery. was re-
tly decided by the Supreme Court of
tn Dakota. in the case of State VS.. Ryan
y. w Rep. $500. The court held that
e was absolutely nothing on the face
the certificate 10 indicate that. as
sequence of the existence of the facts
ertihed, any rights accrue TO anyone. or
any person or municipality incurs any
Iity by reason thereof. Standing alone
he strength OF its own recitals il would
support a prosecution for forgery. But
as commended by the State that a reso-
IN passed by the county commissioners
orizing the payment of bounty for
destruction of gophers. and providing
Jayment out OF the county general fund
the production 10 the county auditor
certificate like that here in question.
validity TO the certificate SO as to
e it the basis of legal demand against
county. II this contention were true
rourf conceded that tho certificate ua-