The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-10-20


of the mayor~elect to his Office, the su-
preme court OF California, in the case
entitled Bradley VS.. Clarke. s. Pacific
Reporter. 395, has decided that the pro-
vision OF the act which requires a can
didate for public office to file a state
ment. under oath, OF his expenses as a
qualification TO taking office. is void,
a violation of the constitution pre-
scribiug the oath which shall be taken.
and prohibiting the requirement of any
other OATH This decision does not
defeat the object OF the action, how
ever, for the court Overrules the de-
cision of the superior court, which
found in favor of the mayor-elect, and
remanded the cause Tor a new TRIAL.
Right TO Self-government by Munich
palitieS.-The supreme court of Penn
sy'lvania has handed down an inter
est'ng decision IL the case entitled
Commonwealth VS.. MOir. 40 Atlantic
Reporter. 35t, constituting an act for
the government of cities of the second
class. commonly Known as the Ripper
BILL" by which the municipal officers of
the cities of Pittsburg, Allegheny and
Scranton are deprived of their Offices,
which are abolished, and the city gov
eminent intrugted in the hands OF an
official appointed by the governor, and
known as the Recorder" The major
ity OF the court held that this act does
not violate article 3. section z of the
constitution, prohibiting special legis-
jority hold that municipal corporations
are agents of the state. invested with
certain governmental functions. for
reasons OF convenience and public poll
icy. They are created. ard the extent
Of their powers determined By the leg
islature, and they arc subject 10 its
VIII. There is a vigorous dissenting
opinion by Dean. jr., with whom con-
cur the chief justice and Justice Mes
TREAT
Liability of owner of Elevator for
Injuries.-Thc owner of passenger
elevator for the use of tenants and
others in a building has been held b.
the supreme judicial court of Massa-
chusctts, I'm the case of Seaver vs..
Bradley. so Northeastern Reporter, 795,
20 be under no obligation to carry pas
scngers, and not to 5e common car
rier OF passengers within the meaning
of the statutes relating to the liabili-
ties Of common carriers OF passengers.
and hence is not liable for the death
Ct a passenger caused by the elevator
not being in proper repair.
Bridge over a Street-A bridge Over
a street. connecting two buildings OIL
the opposite sides thereof. although
built so far above the street as not to
interfere with traffic, becomes a nui-
sance as to adjacent property whose
light II )Dst'ucts. in the opinion of the
court OF appeals OF Maryland in the
II.
629. The court further holds that the
nuisance is a continuing one. so that
plaintiffs remedy at law could only
have been by a succession of suits for
damages. not affording adequate re-
dress. and that they are entitled to re-
lief by injunction.
Compulsory Vacciaaticn.-The right
of the state or its agents to compel
vaccination has lately been the subject
of much comment, and il was recently
Judicially passed upon by the supreme
court OF Michigan in the case of Mat
thews vs. Board of Education. IS
Northwestern. 1.036. The board passed
rule excluding from the schools chill
dren who had not been vacciaated. The
Michigan law requires. under penalty
of fine or Imprisonment, or both, that
parents shall send their children TO
school. The plaintiff was a Christian
Scientist, and refused to have his chill
dren vaccinated- The majority of the
court held that It was beyond the
power of the board to make, in the alb
sence af an epidemic of smallpox,
continuing rule excluding from the
schools children who had not been vac
cinated, and granted the petition for
writ of mandamus to compel the board
to admit the children of plaintiffs.
Contempt of Court.-Those who
argue in favor of the abridgement Of
the powers of judges in the matter of
punishment Tor contempt will find
support in the case Of ex parte Strick-
err !o9 Federal. AS Stricker was a
CINCINNATI lawyer, who also practiced
In Covington. Ky. Arriving at the lat
ter place to try a case in which he was
retained, he found that the judge was
assent in Chicago and had telegraphed
the sheriff to adjourn all business until
a future day. Pursuant to the pro-
visions of a Kentucky statute the at
torney requested the clerk to hold an
election for a special judge to try the
case. The clerk refused. After the
return Of the regular judge the case
proceeded to trial In the midst of
the trial the judge sent for the clerk
and inquired who the Cincinnati at
torney was who had requested the
election ct = special judge while ne
was absent in Chicago. The attorney
stood up and replied in a respectful
manner that he was the man. He was
ordered to sit down, which he did and
the case proceeded until the noon re-
cess, when the judge. without further
proceedings, announced that Stricken
Was hned so for contempt of court
and the sheriff would take said Strick-
or in custody until the fine was paid.
The petitioner applied to the Unified
States district court for a writ of ha-
beas corpus. Judge Evans in his opin-
Ion, says that a person who is srtn-
marty adjudged guilty of contempt
without hearing for an act not com
and who, in consequence thereof. is
Imprisoned for non-payment of the fine
imycsed. is deprived of his liberty
without due process of law. in violation
Of the fourteenth amendment to the
constitution u the United States.
Gift from husband and Wife
The gift of stock to a wife bv
her husband. made when he was free
from debt. is reid to be good in the
case Of First National bank of Rf-.,-
mond V. Holland, 80 Southeastern Re
porter. 126, ever, though the dividends
were collected by the husband and no
Endorsement or transfer OF the stock
was made on the books Of the corpora
ticn.
Termination of Relationship Of Car
rier and Passenger.-A passenger
on railway train has been
held by the court OF civil an
peais or Texas. in the case Of Texas
& Pacific Railroad company V Dick. So
:. w. sos, to remain such after slight-
Ing from the train and while in the
depot premises of the company for a
period OF time reasonably necessary to
enable him to leave the same and is
therefore. entitled to the reasonable
protection Of the company's agents and
servants f'cm the assaults Of third
persons during such time