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

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 fixed sums fof
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 (i6 T. r. A., 56D
to be void on grounds of public policy, be-
cause tending to the destruction of free
and natural competition and to the unrea-
sonable increase of prices to customers.
The mistake of street ear conductor IN
punching a transfer ticket so as wrongly
TO indicate the hour OF its issuance, mak-
ing il appear that the passenger, after. ne
has promptly entered the first street car,
has no right to ride thereon. is held by the
Supreme Court OF Tennessee. in the case OF
O'Rourke VS.. Citizens Street Railway
Company (46 T. r. A.. 614), not TO de
priye the passenger OF his right OF passage
when he has taken the ticket, believing II
is all that it should be. and makes fair
and reasonable statement of the facts 10
the conductor: and the court further held
that a condition printed on a street railway
transfer to examine the date, time, ana
direction. and see that they are correct Is
void for unreasonableness.
Children born in lawful wedlock within
the United States. the father being white
man and a citizen of the United states, ana
the mother an Indian woman, who mas
adopted the habits of civilized life and VINO
lives apart from her tribe, are held by the
United States Circuit Court. in United
States VS. Hadey $50 Fed. Rep, 43ID. TO be
citizens of the United States, and their
status is not changed by residence upon an
Indian reservation and receiving allot-
ments of Indian land. The court held,
however that half breeds, who never re-
cefve recognition from their white parents,
but who are left to be nurtured during
childhood by Indian relatives. and VINO live
as savages and are subjects CT government
tai care, have the status OF Indians.
4 communication by life insurance
company to it's soliciting agent statng tha'
the examining physician had torged 'he
name of the applicant for the insurance
policv is held by the Supreme Court OF
Iowa. in Nichols VS. Eaton. to be prlvi-
legged communication, for which an action
for libel against the company Will not lie
As TO whether there was such excess OF
statement in the communication as TO con-
stitute evidence of malice on the part ol
the company the court held that II was Iof
the jury to determine.
Where a benefit certificate in an insur-
ance company is to be void II the assureu
becomes so far Incorporate as 10 impair
permanently his health, the Supreme court
of Illinois in the case Of Modern Woodmen
~ Den holds
the question whether he indulged in the
use of intoxicants to such excess is for the
jury 70 determine
Persons staying at a hotel under con-
tract for a special rate which IS gwen 10
all who stay longer than q week, are held
by the Supreme Court Of Tennessee. IN
Meacham VS.. Galloway l46 /. r. A. 3lsl.
not to be 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 OF negligence.
The New York act OF 1895 requiring rail
road corporations 10 issue mileage books
! and providing penalty for their refusal to
I do so has been held by the New York Court
: of Appeals in BeaTdsley rs. the New YORK,
/ Lake Erie. etc. railroads. to be Invalid
/ as TO corporations existing al the time OF
( its enactment because il Is yio!atlye OF
/ the provision of the Federal Constitution
which foTbds the taking Of private prop
! erty without due process Of law. and the
! court further held that such act is not a
/ valid exercise of the police power OF the
| State nor of the power Of the state "a
! establish maximum prices for transporta-
! tion OF persons and property, but is sim
ply an enactment in favor of those persons
who are able or willing to purchase mileage
( books.
Where a railroad company refuses tt
permit the shipper of cattle to feed anc
water the cattle. the Court OF Civil Ap-
( peals ot Texas in Missouri etc. Railway
/ Company VS. Seiboid C55 6. W. Rep, 36S
/ holds that damages may be recovered by
the shipper for injuries to the stock from
lack of water and food
The fact that an ambulance was carry
ing an injured person to hospital. anC
. going at a high rate Of speed. under tbs
I direction of a city surgeon, in order Il
save life. is held by the Appellate Cnur
( OF Indiana. in the case of Green ys-s Edei
: too y. Z. Rep, 24ei not to affect the own
er's liability for the drivers negligence, b!
reason Of which the plaintiff was run dowI
and injured.
Where a conductor accepted ticket far'
from a passenger who had lost his ticket
but who afterward returned and demanded
additional train fare, and upon the pas
senger's refusal to pay, elects him at ;
lonesome. dangerous place. the Court o
/ Appeals of Kentucky. in Louisville, etc.
! Railway Company vs.. Joplin t55 S. W
Rep. 2G6D. holds that a verdict of $500 wa!
: not excessive,
If a bank in order to Increase its de
posits or to sell it's collateral, through it!
/ board of directors makes or causes to b
made false statements concerning th,
financial condition of one of its customers
to a third person. for the purpose of mis-
leading him, il is liable if loss results
or if, having made such statements, i
conspires with its customer to make th'
same public. to accomplish the same pur
( pose il is liable TO one who acts UpoI
il to his injury,-Hindman VS.. First Ma
ticnaI Bank of Louisville. KY, 9S Fed
Rep, 562.
An interesting question as to whethe
English poor-law guardians were entitle,
I TO expend the poor rate in the maintenance
of able-bodied men, who were out oil
strike. has been recently before the Eng
lish Court of Appeal in the case of the At
torney General VS.. the Methyr Tydil Union
The lower court by Lord Justice RomeT
held that they were; but the Court o
IL gnA hani-