The times. [volume] (Washington [D.C.]) 1897-1901, 1900-05-05
LATE LEGAL DECISIONS.

/ legisiate for the public welfare. which Is
inherent In the General Assembly. THIS
/ question hiss only recently been raised.
/ and in each case the cOnstitutouality Of
the statute has been Upheld. Morris VS..
\ City Of Columbus $50 5. r Rep $50; Blue
VS.. Beach Sc n. E. So
Making mortar beds for the erection Of
buildings abutting on the streets II a
populous city Is held BY the Court % Al
peals Of Kentucky in Strauss VS.. civ Of
Louisville tS5 $. W. Rep. g75) not & BE a
| nuisance. The occupancy CT the streets
! Tor such purpose said the court Is alwlva
temporary. and would seem to b. ne.rg-
sary for the erection o. buildings By ahat-
ting owners. In this case the plaintiff
says mat while she was passing along the
pavement opposite some mortar beds a
/ piece Of lime was carelessly rs....1
| therein, and some OF the mortar spaI cred
into her eye causing great suffering she
/ charged that the mixing az mortar On tho
Sidewalk was a nuisance and rra1ac,. 10
| the safety Of pedestrians. and asked dam
ages for her injuries But judgment was
given against her
In computing the five days allowed a
Governor for the consideration Of a bill
the Supreme Court OF Louisiana. IN stats
vs. Michel t27 So. Rep. 565). holds that he
| has natural or Astronomical dav ana
not an artificial day. and that IN this sense
day begins at II O'Clock midnight. and
extends through twenty four hours to the
! next IL O'Clock midnight.
The United States Circuit Court Of An
peals in United States VS.. Barker 10O
Fed Rep, s4D holds that postmaster is
liable on his bond for the amount Of money
ORDERS ostensibly issued by him. and which
have been paid by the offices on which
they were drawn and charged to bis ac-
count on the books Of the department
although in fact his name was forged TO
such orders. where through bis negligance
they were delivered in blank to a stranger
in violation Of the rules OF the department.
for the faithful observance OF which his
bond was conditioned.
Where the anchor Of a schooner became
entangled in an ocean telegraph cable and
In order 70 release it the officers cut the
cable the United States District Court Tor
Connecticut Zoo Fed. Rep. 115) held that
the officers we're guilty either OF wfllfuI
injury to the cable. or culDable negligence
for which the vessel was liable for The fol-
lowing reasons: First the statute (25 Stat.
c. II. Sec. 81 provides that a cable shall
be cut only when it becomes necessary in
order to save life or limb or a vessel. Sec
ond, there would have been no Difficulty
In waiting anchored as they we're until
morning. and then cutting the anchor when
the tug came to take them on their course.
Third. ii appears from the testimony OF
the master that they had another anchor
on board. Fourth, Article VII OF The
Treaty Of 1884 provides that owners Of such
cables shall remunerate vessel owners who
can prove that they have sacrificed an
anchor in order to avoid iniuring such
cables.
Where it is alleged that the refusal Of a ~
bank to pay depositor's check IS mali
cious and the plaintiff elects to sue for
damages. the New York Supreme Court
Appellate Division. 10 Davis vs.. The
Standard National Bank holds that he may
recover damages for the impairment Of his
credit. for injuries to his feelings and for
mental anxiety; and it was further held
hat If the banks refusal to honor checks
IS intentional and without Just cause or ex-
,use legal inference Of malice arises. al
though no one connected with the bank had
any willful intent to injure the depositor.
The sum Of $50, furnished to a mining
as a grub stake" is held by
he Supreme Court Of California, in Prince
II al VS. Lamb go Pac. Rep, $500, not to
,ne who furnished the stake to share in
mining interests valued at 81 600 600.
which we're discovered by the prOspectOr.
in this case the plaintiff furnished the de-
Lamb with $50 to enable him to
90 to Alaska or the Northwest Territory.
10 prospect for gold and other precious
metals and in consideration Of the $50
hey were to have one-half Of any mines
,r claims located or acquired by Lamb
-La1 F.,Fa oil lie
lamb located certain mines and mining
;laims valued at $4,000. 900 and extracted
Turing one year $3.50 600 worth of gold.
The plaintiffs now ask that Lamb be re-
luired to convey to them a One-half inter-
.st in the mines But the Supreme Court
lenied the relief on the ground that the
contract was not just and fair. and held
hat they would take judicial cognizance
hat $50 was not an adequate considera-
ion in equity TO entitle the plaintiffs 10
,ne-half the fruits Of so toilsOme and ex-
lensive a Journey TO say nothing about
he expense Of procuring the property in
question after his arrival in the mining
ountry.
The ordinance known as the plumbers
.cense ordinance" Of the city Of Chicago
equiring a master plumber TO obtain a
cense for each place Of business and TO
az for such license a fee OF $50 per year.
nd providing that no person shall per-
orm any plumbing work without having
rst obtained a license under penalty OF
fine has been held by the Supreme
curt Of Illinois in City OF Chicago vs..
like ct al. to be constitutional and valid.
boy ten years Of age was sitting On
lie top rail of a pile OF iron rails which
e National Contracting Company had
diligently piled to be used on a street
ilway when the rail he was sitting on
ipped. crushing his left leg 50 severely
to require amputation. The boy sued
r damages and obtained a verdict OF
o GOO. The court he'd that the evidence
as sufficient to Justify the jury in ind
< that the accident was caused by IRE
igiual insecure piing Of the rails. That
destriaus would step upon the pile in
ossing the street." said the court and
ildren play around il and sit up-n il 20
st. quite within the range OF prob
ility and therefore the duty was i'm
sed upon the defendant Of exerci ing
Oh care as would render the obstruct On
asouably safe in view Of such ANTICIPATED
es The verdict was held 10 be eE. es-
We. RAMSEY vs.. National Contracting
.mpaHy. 63 n Y. Supp. ESQ.,
The bylaws Of an association which re-
ire a debtor who refuses TO pay a claim
a member Of the association 70 submit
p claim to arbitration. are held by the
preme Court Of New York, in Reynolds
Plumbers Material Protective A=socia-
~ So Y. Y. supp. 303l. not TO b. I'm aw-
or that they attempt to create a tribunal
ifrarv TO law. The court said that there
= no rule at law against uarfies agree