Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-12-13
: Important Decisions :

|
| DURATION OF BUSINESS HOURS.
| The New York supreme court holds, IN
| a late case, that the language OF the
! phrase, During business hours, may
| not be confined to the hours OF business
| which any particular individual may es-
| tablish for himself but with the eXcep-
| ton of banking houses they range thru
the whole dag down to the hours of rest
in the evening, or at least during the
hours which are customarily devoted to
business in the particular community
where the transaction occurs. Hence, a
demand, by a stakeholder, to inspect
books. upon one of the officers of min
ing corporation, made at 3:15 p. M,
while he was still in the office, was SUI
ficient to make both the corporation and
such officiar liable for refusing to per-
nit nspection.-34 Chicago Legal News,
122
CHILD DISCRETION.
A statute providing for the punish
ment of a parent who willfully deserts
his child. under years of age, in
manner showing reckless disregard to
life and health and with the intention
wholly to abandon it" does not author
ize the punishment of a father who
leaves his child. less than year old, IN
the custody and care of its mother, tho
he fails to provide for the child's sup
port.-64 Southwestern Rep. (ky., Judge
Rurnam), $40.
DEFRAUDING WIFE.
Where father, few days before his
second marriage. transfers to his chill
dren by his former marriage a number
of shares of bank stock, reserving the
dividends for life, and within a year
after his marriage executed to his chill
dren as gift his note for 5000, paya-
BILE at his death, these gifts constituting
the bulk of his estate, and leaving prac-
tically nothing for his widow when ne
died, the gifts were properly set aside,
as in fraud of the wife's marital rights.
ga Southwestern Rep. (ky, Judge
Burnam), 9S2.
TAX EXEMPTION OF CHURCH.
Under constitutional provision pro-
viding that the legislature may exempt
institutions of purely public charity
from taxation, only real estate owned
and exclusively used by such institu-
tions may be exempted, SO that books
and periodicals published and handled
by church publishing house, the funds
for the sale Of which are to be used for
the benefit OF supernumerary and worm
out preachers are taxable.-64 South
western Rep. (Texas, Judge BookhouD,
1918.
CONSTITUTIONAL LAW.
New Hampshire's constitution gives
the governor and council authority to
require the opinion of the justices of the
supreme court on important questions OF
law That court, however. has decided
that it will not give an opinion where
the terms of office of the governor and
council submitting the questions have
expired on the day the questions were
submitted, so that no. answer could be
returned in time to aid that body in the
determination of the question.-50 At
lantic Reporter, 329.
LOSS. OF GOODS-ACT OF GOD.
In an action against common carrier
for goods lost in the Galveston flood,
which may be regarded as an unprece-
dented storm, where 1t appeared that
the place Of storage was safe under usu-
al conditions, and that tho possible to
have delivered them on the morning of
the storm, the bad weather deferred the
draymen and it did not appear that
there was any safer place after the dan
ger became apparent, the company was
not liable. A common carrier. such as
railroad, is protected from liability for
the loss OF property intrusted to it for
transportation when 1t is made to ap-
pear that the loss was occasioned by the
act of God or the public enemy, or when
the loss or damage results from some
inherent quality or infrmity In the
property itself.-64 Southwestern Rep.
(Texas, Judge GID, 999.