The sun. [volume] (New York [N.Y.]) 1833-1916, 1900-05-27
NOTES OF LEGAL EVENTS.

OF the Supreme Court. In the Third Department.
In January an election for directors was held
by the Mutual Fire Insurance Company OF
Albany. an old-fashioned organization in
corporated under n law passed in 1880. Its
pol,cyholders consist Of two classes those
who give notes for their premiums and those
who pay their premiums in cash. There were
two parties In the election contest. the sup
portcrs Of the sitting board and the advocates
OF a new board. The former insisted that
only the note-giving policyholders had the legal
light 10 vote, and the inspectors OF election
decided in their favor. The old board re-
ceived a majority OF this class OF votes and
were declared elected. Their opponents took
proceedings TO review the election and showed
that they presented $40 votes from cash
policyholders which were not counted. but
which. II counted. would have sufficed to defeat
the old board and elect the new Judge Emory
A. Chase. sitting at Special Term. held that
both classes Of policyholders were entitled to
participate In the choice Of officers and that
these $40 votes should have been counted. He
therefore declared the new board elected. This
decision has now been reversed on a somewhat
curious ground. ltappears that the supporters
Of the old board had on hand enough votes
from cash-paying policyholders to give them
still a majority for their candidates., II such
votes had been presented and considered. In
the opinion OF Judge Chase, however, II is ex-
pressly declared that they voluntarily refrained
from Offering these votes or demanding that
they be counted. Nevertheless the Appellate
Division holds that they are to be considered a.
having been cast. the effect Of which Ia to re-
elect the old board.
In the decision Of the Kentucky election cases
by the Supreme Court of the United States,
three OF the Associate Justices dissented from
the prevailing opinion. which was written by
Chief Justice Fuller. but all agreed that the
court ought not to interfere with the judgment
OF the Kentucky Court Of Appeals in favor Of
Beckhain, except Mr.. Justice Harlan. who
thought that the Supreme Court Of the United
States had ample jurisdiction In the matter and
that such jurisdiction should be exercised by
reversing the Kentucky decision. This view Is
In accordance with the broad construction OF
the Fourteenth Amendment TO the Con-
sutution which Judge Harlan has fire.
Quently advocated with great force and
ability. The articles In support Of this con-
s~truction are most admirably and cogently set
forth In his dissenting opinion IN the case OF
Maxwell versus Dow. decided In February,
where the Supreme Court held that a trial for
robbery before a Jury Of eight persons instead
OF twelve, resulting In the conviction and I'M
prisonment Of the defendant. did not deprive
him OF his liberty without due process Of law
(see l78 United States Reports, page 605. In
the Beckham case Mr.. Justice Harlan sarcastic
cally observes that while the Supreme Court
may inquire whether a kentuckian's mules
have been taken from him by the Legislature
without due process Of law. It Is powerless 10
make a like inquiry In respect 10 deprivng
the people OF their Governor.
The power Of a criminal court in reg ard to the
imposition Of a second or additional sentence
for the anne offence. or the substitution OF one
sentence for another. has recently been fully
considered by the Supreme Court Of the United
States in the case OF Murphy against Massa-
chusetts, which was decided on the 9th OF April
| and Is reported in the pamphlet number OF the
United States Reports bearing date March Is.
1900 Certainly no fault should be found with
the laws delay. when the Supreme Court re-
porter can publish opinions which do not APP
| pear to have been handed down until more
than three weeks after the date Of publication.
In the case TO which we refer Murphy had been
sentenced 10 Imprisonment for emhezllement.
lie sued ont a writ of error on the ground
that the sentence was illegal. The Supreme
Court of Massachusetts, decided In his favor
and sent the case back to the trial court,
as the statutes Of Massachusetts, permit, for the
rendition OF a Lawful sentence. Murphy then
questioned the legality Of this second sentence
on the ground that il put him a second time in
jeopardy and thus deprived him OF an simmu-
nifty OF q citizen Of the United states. In giving
a convict the privilege OF an appeal upon his
claim that there has been an error in the sem
tence. the State may accompany il by such
conditions as the Legislature deems proper,
inasmuch as the judicial review Of a criminal
case by way Of an appeal is not u matter of con-
sttutionai right. The Supreme Court of the
United States SO declares. and also retterates
the familiar rule that the double jeopardy for
hidden by the Constitution does not arise
where the proceedings creating the first jeop-
ardv have been set aside at the prisoner own
instance.
The subject OF shaving on Sunday has long
been a prolific source OF perplexlty to the
Judiciary. ana not infrequently invades the
dignifed domain OF constitutional law. In q
case which recently came before the Supreme
Court o. the United States from Minnesota, an
attack was made upon the Constitutionality OF
a statute forbidding all labor on Sunday except
works OF necessity OF charity and then provid-
ing that keeping open a barber shop for the
purpose OF cutting hair and shaving boards
should not be deemed a work of necessity or
charity. The statute was upheld as a valid ex-
ercise Of the police power. The most interest
ing feature OF the case Is the remarkable
extent TO which the Minnesota Supreme Court
carries the doctrine Of judicial notice in respect
10 the occupation OF BARRIERS. This IL shown
by the following passage from the opinion OF
that tribunal: Courts will take judicial notice
OF the fact that. in view OF the custom to keep
BARRIERS shops open in the evening as well as In
the day, the employees In them work more
and during laterl hours than those engaged In
most other occupations. and that this is espe-
cially true on Saturday afternoons and even
ings. also that, owing to the habit of so many
men to postpone getting shaved until Sunday.
II such shops were to be- permitted 10 be kept
open OH Sunday. the employees would ordina-
rily be deprived Of rest during half of that day "
We have no fault to find with this assumption.
but Il Is unusual to take so much for granted.
in the absence OF any proof whatever on the
subject, in regard to the customs OF a pardcu-
lar business.
The diversity Of judicial opinion as to what
degree OF latitude can be allowed to the public
prosecutor in arguing the case for the State in
n criminal trial Is we'll Illustrated BY recently
reported decisions in the courts OF last resort
IN Arkansas and Georgia. In Arkansas the de-
PENDANT was called "a sCoundrel and an incar-
nate f1end. and was accused by counsel for the
Al = l..i .. e, ~, k,. hi,