The Washington times., 1901-12-21
LATE LEGAL DECISION. /.


Passing Confederate bill as money IS
held by Judge Amdon United States dis
tret Judge. North Dakota. in the case Of
the United States vs. Earrett d1l Fed.
/ Rep ssel not TO he an offence against
the statute OF the United states forhid-
ding the use as money Of any instrum mt
possessing a silailitude to any obliga on
| or security of the United States. Tho
court held that II may. however. consti-
tutc an offence which was known at COM
mon law as cheat by means Of false
token. but that such an ofepcc was solely
| within State authority. III the construc-
tion contended for by the Government be
adopted. said Judge anderson, every
| person who has in his possession Cana
dian bill. with intent TO sell or otherwise
| use the same, is guilty Of a crime
A nickel-i in the slot machine" is held
/ by the Supreme Court Of Minnesota. IN
/ the case OF state VS.. Briggs tSI y W.
| Rep g34l to be a gambling device. and
where person induces and procures an
other to keep a gambling device he may
be indicted as principal by alleging facts
/ which al common law would make him
an accessory before the fact.
The manufacture OF soda water in
| tenement house by means OF compressor
gas is held by the New York Supreme
I Court. Appellate division. in the case Of
! PeopIe VS. Lichtman t72 y. Y. supp. llD.
| TO be a violation OF the statute forbidcins
| the manufacture in tenement or dWeli-
| ing house OF gunpov der and other cN-
plosives, and II was further held that
\ the right to pass such a statute was
within the police power OF ;he State.
| An action OF a tribal Indian for false
/ Imprisonment upon a criminal charge,
I u1der a State statute. ID held by Judge
Shiras, United states district judge. In The
| case of Peters vs.. Malin CI11 Fed. Req.
(! 2i4D, to involve Federal question. and
to be brought properly in the United
States Court. The plaintiff in the action,
who was a member of the Sac and Fox
tribe of Indians. living on their reserya-
tion in Iowa. was arrested and imprisoned
under process of the State court for as
sistinE an Indian woman. who was also
member of the tribe. in removing her
minor children from tine reservation TO
prevent their being compelled forcibly and
against her wishes to remain in attend
ance at the Indian school: which was some
distance from the reservation. Judge
Shiras held that although the act Of the
plaintiff may have amounted TO criminal
offence under the State laws. he could
not be punished therefor by the State
court. as the provisions of the State
statute had no application TO the acts
OF the plaintiff since he. together with all
the parties tC the transaction, were tribal
Indians.
The phrase usual hours Of tr2nsacting
business, has been construed by the
New York Supreme Court. appellate di-
vision. in the case of Cox vs.. Island Min
ing Company. TO mean she hours which
are eustomarily devoted to business in
the particular community where the
transaction occurs, These hours, the
court held, are not confined 10 the hours
OF business which any particular in
dividual may establish for himself, but.
with the exception Of banking hours they
range through the whole day down to
the hours of rest in the evening.
To trade peach brandy for peaches is
unlawful. under the local ortion law OF
Texas. holds the Court Of Criminal APP
peals OF Texas in the case Of Stanley VS..
State t6i S. ". Rep. lO5l. The owner OF
distillery made a contract with a fruit
grower whereby he would exchange 4
pint OF brandy for every bushel Of peaches
furnished him at his distillery. The court
held that a performance OF the contract
constituted an evasion Of the local op-
tion law. and that il was immaterial that
money was not paid. The exchange of
any other commodity or goods for liquor,
or liquor for goods" held the court.
would bring ii within the operation Of
the law"
Where whisky is shipped C. o. d. to a
party living in local option precinct
on such ps-ty's receiving money from an
other 10 pay Tor such whisky on the un-
darsfaudinp that such nfhpr ia IN
portion OF the came. and such portion is
delivered, the Criminal Court OF Appeals
OF Texas. in the case OF Bills vs.. State
t6I S. w. Rep, 1911. holds that he will be
guilty of selling liquor contrary to. the
law.
Tn use OF garbled letter Of rival
by a competitor in such manner as 70
n,isIead the public to the injury OF the
former is held by the United States Clr-
cult Court. Pennsylvania. in the ease OF
Halstead VS.. Houston tl1l. Fed. Rep. 376l.
to constitute Unfair competition. whish
promised ground for injunction
Where the owner OF house places on
the sidewalk in front of the house a step
ping stone. which does not interfere with
the use of the street, nor with the side
walk TO any appreciable extent the Cour-
of Appeals of New York in the ease OF
ROBERT vs. tOWtu tol y. T. Rep-. bJ.is
held that IL is reasonable and necessary
use of the street and does not consti-
tute public nuisance. as to render the
owner of the house liable for injuries
sustained By one who stumbles over the
stone.
Subpoena issued by notary public fer
witness to tend and testify in de-
position before the notary public may
contain a clause directing the witness 10
bring with him any book. writing, or other
thing under his control. which he MAJ
be compelled to produce as evidence: and
for disobedieDce of such a subpoena the
notary public has power to punish the
witness for contempt by Imprisonment.
(Supreme Court Of Ohio in re Rauh, 81
n. E. Rep, 7Ol.)
There is a total loss" of a building by
fire holds the Court of Appeals of Ken
tucky, in the case OF Thuringia Insurance
Company Mallott t64 S. W. Rep. 9s9p.
when the building as such has been so in
jured as to destroy its identity as a build
ing. though much or any quantity of the
material originally composing it is not
consumed.
Uuder a statute imposing penalty
upon transportation company which re-
fuses TO ship freight rendered. the Su-
preme Court of North Carolina. in the
case of Carter VS.. Wilmington. etc. Rail-
road Company $50 S. f. Rep. SGD. holds
that railroad company refusing to trans
port carload OF cattle is liable to a sep
arate penalty for each animal.
a natural gas company. which Il cifv