The times. [volume] (Washington [D.C.]) 1897-1901, 1900-03-17
LATE LEGAL DECISIONS.



Computed Expressly for The Times)
In 1897 the Legislature OF Kansas passed
an act making it unlawful for corporations
to pay their employees in anything but
lawful money of the United States, or by
check or draft drawn upon some bank in
which the employer has money on deposit
to cash the same. The object of the statute
was to prevent the payment OF wages by
the employer In scrip or token or other
similar manner. and the act prescribed
penalty for its violation. This act has been
held unconstitutional by the Supreme Court
Of Kansas, in the case Of State vs.. Ham.
$50 Pac. Rep, 3l0), upon the ground that
it violates the fourteenth amendment to
the Constitution Of the United States. pro-
yiding that no State shall deprive any
person Of life, liberty, or property without
due process of law, nor deny TO any person
within its jurisdiction the equal protection
of the laws
The Supreme Court Of Louisiana, in the
case Of Prieto VS.. st. Alphonsus Convent 81
Mercy t27 So. Rep. 1881, holds that a girl
of seventeen years has not the legal right
10 itdNt QtI DHOtuti hthAf anu 49,
convent with the expressed purpose Of be
coming a nun, without previously obtain
ing the mothers consent: and should she
enter a convent under such circumstances
and be received therein upon the supposl-
tion that she had obtained such consent, IT
is the province of the writ oS habels corpus
to release her from such restraint and re-
store her to the rightful custody Of her
mother.
Where a person who is seriously i'll
agrees orally with another to convey GER
tain piece of land in payment for care in
Illness and dies without making the con-
veyance. the Supreme Court Of South Da-
kota in the case Of Lothrop vs.. Marble Isl
n. W. Rep, SS5), holds that this oral
agreement should be carried into effect,
and that the land should be conveyed.
A curious case has arisen in Nebraska
as to who is entitled TO a reward for find
ing dead body. The Supreme Court held
(Elkhorn Lodge VS.. Hudson. 81 n. W. Rep,
S59) that where many persons are engaged
in the search for a dead body. for the re-
covery Of which a reward is offered, and
one acting on his own account, independ-
ent OF the others, and for the purpose of
securing lDt reward, SutCstu6 III iuuIhS
the missing body he will be entitled to
the whole reward, and that the others OF
the searching party have no right to pro
rata shares.
All hackmen without discrimination
carrying passengers and baggage for hire
have the right, says the Supreme Court
of Minnesota. in the case of GOdbout VS..
O., " W
Rep, 1851. to enter the depots of a railway
company to deliver or receive passengers
or baggage, subject to proper regulations
for the interest of the travelling public.
In an action to recover the amount of
an accident insurance policy, which in
sured against Injuries sustained through
external. violent. and accidental means,
except that in case Of injury wantonly in
ficted by the assured, or inflicted while in
sane the measure Of liability is to be the
premiums paid the Supreme Court Of
Illinois, in the case OF Fidelity and Casu-
atty Company vs. Weise (55 n. f. Rep, 54O),
holds that on the issue Of suicide the bur
den Of proof is on the plaintiff to show by
a preponderance of the evidence that the
assured did not commit suicide.
Alexander W. SCOlls lAilJ -Nho Htdl : VI
age, and Sadie Lowell a girl of thirteen
years OF age, we're married in Minnesota
without the consent Of the girls parents
by an ordained minister upon the presen-
tatiou Of a legal license. The day after
the marriage the father of the girl went
to the residence of the husband and for
chilly took his daughter away. against her
Will. and detained her. The husband
thereupon sued out a writ of habeas cor
pus. and upon hearing the court decided
that the father had the right to the
custody and control Of his minor daughter.
But the Supreme Court t46 S. r. A, 400
held that the father has no legal right 10
restrain her from living with her husband
If she so elects and ordered that she be
freed from the restraint of her father.
In this opinion the court said that the
marriage of a person who has not reached
the age of competency as established by
statute, but is competent by the common
law. is not void but voidable only at The
election Of the party under the age OF
legal consent.
Where a passenger on a railway train re-
celved a mental shock in a collision at
railroad crossing which resulted in the dis
case Of neurasthenia the Court Of Civil APP
peals Of Texas, in the case Of Gulf and G.
Railway Company VS. Hoyter tj5 s. W.
Rep. 1881 holds that he is entitled to re-
ceive damages although he received no
bodily injury at the time.
railroad laid out town along its line
in Texas and advertised and sold lots in ac-
cordance with a plat showing railroad
reservation on which to build a station and
telegraph office The lots were purchased
and improvements made thereon. Suisse
queutly the railroad was bought by another
company. which moved the passenger and
telegraph stations from the town. pur-
chaser of one Of the lots thereupOn sued
the latter company for damages for the re-
movals But the Court Of Civil Appeals Of
Texas t55 s W. Rep, 1907 decided that in
the absence Of a contract with the original
company to assure its contracts the latter
company was not liable for damages sus-
tanned by the plaintiff by reason OF such
removal.
The custom has long existed for hotel
managers at Hot Springs Ark, TO send out
drummers to solicit passengers on incoming
trains for their hotels. The railway com
panies have prohibited persons from COM
ing upon their premises for this purpose
and the courts have held that they had this
right. Sandrigan VS. State 81 Ark 500.
In the recent case of Osborn VS.. st. Louis.
etc. Railway Company t55 5. W. Rep. 1872
the railway company was sued for damages
for ejecting forcibly. and thereby injuring
the plaintiff who, it was cOntended, was
soliciting. The jury found in favor OF the
plaintiff. giving him $1,000 damages. and