The times. [volume] (Washington [D.C.]) 1897-1901, 1900-09-08

| oiOuS, uiWdFfdnted, ana unworthy OF one
who had taken an oath to do his duty as
| juror. still. under the circumstances as
! shown here. it was not such as to causs
pecuniary liability
An interesting question in the law of
| copyright. as to whether an artist who is
! commissioned to execute a work Of art
has the right TO take out copyright
| therein. so that the patron may be ex-
eluded from reproducing it. has been de-
| cided by the United States Circuit Court
/ of Massachusetts. The court held that the
| artist did not have this right, and that
| the commission TO produce work of art
| imports unrestricted right of reproduc
| tion in the patron. and that the work Of
art is to belong unreservedly and without
| limitation to the patron. The question
arose in suit by the designer of GER
tain mossi c in the Congressional Library
| in Washington to enjoin the publication
of photographs of same. The designer ac-
| cepted a commission from the superin-
| tendent of the Library to execute the
mosaic and cause the same tqAbe copy
| righted in the usual way.
a new trial was granted by the Supreme
Court of Minnesota because on the trial
| OF the case plaintiffs attorney, in the
| presence Of the jury, remarked that in his
opinion a certain decision of the Su-
| preme Court was as rotten as hell it
| self" The court held that this remark
was prejudicial in its effect upon the jury,
because it was employed with reference
| to the law of the case on trial, and was
| calculated to prejudice the court and jury
against the law which must, SO far as APP
! piicabie control the deliberations of the
court and jury.
shopkeeper, so long as he keeps his
| place open to customers, and invites and
| permits them tc enter therein to trade,
! is held by the Supreme Court OF Minnesota
to owe duty to such customers to keep
his store and place of business in rea-
sonably safe condition. and free from dam
ger to personal injury: and he cannot
avoid this duty or be relieved therefrom
by permitting independent contractor
to enter his store at such time to per-
form a contract with the shopSeeper. and
if any of his customers are negiigently
injured by such contractor the shopkeeper
is liable therefor.
In a personal injury suit the plaintiff is
held by the Supreme Court of Tennessee
to have the right to exhibit his injured
knee to the jury and manipulate and use
it in their presence for the purpose of
showing 10 them now and to what extent
he was affected by the injury. II was
error, because the plaintiff was thus given
an opportunity to exaggerate the injury
and mislead the jury as to its real and
practical extent On this point the court
said: I'm reality the method was SUI
perior one. and. as result, it produced
a higher order of evidence than is usr ally
attainable. in that it added physic.. IL
lustration and demonstration to oral
statement and impressed the court and
Jury through the sense of sight as well
as through that of hearing. 1t may be
true that a designing witness can ex-
aggerate the true condition of an in
iured limb by false and constrained move
ments. and set that cannot render The
performance of physical acts inadiaisSible
as evidence am more than the equally
obvious fact that he may give undue and
false coloring to his oral statements rem
ders him incompetent to testify by word
of mouth. That objection might be urged
against all human testimony, but it goes
only to the question of weight or credi-
bility, and does not reach that of COM
potency or admissibility."
1t is not against public policy, holds
the Supreme Court of Utah. for an attor-
ney to loan his client money with which
to pay costs of suit, nor to advance the
money necessary to carry on the suit as
needed, when such advances are made as
A loan. with the express understanding
or agreement for its repayment, and there
is no contract of indemnity against the
clients liability 20 pay costs. "A con-
trary rule" said the court, would en-
barrass the profession in its legitimate
practice and render attorneys constant
mark for dishonest clients This is so
because it is seldom that for some cause
attorneys are not required to advance fees
with which TO commence suit and to pay
officers and witnesses and other necessary
evnenses. when their clients may not be
accessible. or when they may have n reri-
torious cause but are so impecunious as
to be unable TO meet at tAe time tho
necessary expenses
An order of board of insanity adjudg-
ing one to be insane is held by the Su-
preme Court Of Oklahoma TO have no bear
ing upon his legal status. The eject OF
such an order. the court held. is to admit
one to the asylum for treatment; and it is
nos entitled to the faith and credit of
Judgment of court. as the members OF
such lizard do not act as judicial officers.
but as a special board, clothed with special
power only.
Patroiling and picketing a neighborhood
by few persons during strike has been
held by Justice Fitzgerald, of the New
York Subceme. Court. not to be unlawful
unless accompanied by menace. threat, or
intimidation.
In an action for damages Of a depositor
gainst bank in Tennessee for refusing to
homo. the depositor's check. the novel con-