The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-08-11

reserve equal to the stipulated endow-
ment within the specified time. and
which can only be paid from lapses or
the premiums on new business. are
fraudulent and unlawful.
The liability of a doctor who arbitra
rily refuses to respond to the call of
patient. with the result the patient
dies, is discussed in the case Of Hurley
VS. Eddenfield. 50 n Z 1888. The de-
PENDANT in this case had been the de-
cedents family physician, and was sent
for when decedent became dangerously
ill., TIE messenger informed the doc
tor of the decedentS violent sickness,
rendered him his fee for his services,
and told him that no other physician
was prOcurable in time No other pa
tients were requiring the doctors inn
mediate services, and he could have
gone to the relief Of decedent had he
beer willing TO do SO, but he refused
without giving any reason therTOr.
Death ensued. Counsel contended that
under the act regulating the practice
of medicine, etc, physicians are bound
to respond to calls for services. The
court holds, however, that this is not
the case and that a physician does not
hold himself out to enter into con-
tract with every one requiring his serv-
ices in the same manner as innkeep-
ers, common carriers and the like.
The supreme court of the United
States in an opinion by Mr. Justice
Brewer in Fairbank VS.. United States,
p Sup. CT. Rep. 64S, has recently decid-
ed that the stamp tax imposed by the
act Of June Is, 1898. paragraph 6, pro-
viding that all foreign bills of lading
should have a stamp affixed of GER
tain denomination, is in effect and in
substance equivalent to tax on the
articles included in the bill of lading.
The court holds, therefore, that the en-
actment in so far as it relates to this
tax, is unconstitutional, being prohlblt-
ed by article 1, section of the constt-
tuition. relating to tax or duty on eX-
ports The case was taken up from
the state of Minnesota, where an agent
of the Northen Pacific Railway COM
psny failed to affiX a stamp to a Ger
tain export bill of lading, for wheat
sent to Liverpool, England.
A passenger riding on a free pass,
which stipulated that the acceptance
and use thereof would be a release of
any injuries which might be sustained
by the holder has been held by the ap-
pellate court of Indiana, in Payne VS..
Terre Haute & I. r. Co, so Northeast
ern, 362, not to lost his right to bring
an action against the railroad compa-
ny for negligence. The courts of Indt-
ana have uniformly held that common
carriers are subject to the same habih-
~ for injuries resulting from negil-
gence to persons riding on free passes
as they are to those who pay full fare
The decisions upon this proposition in
the different state courts and the fed
deraI courts are in irTeconcilable con-
fict An interesting note upon this
subject will be found in volume 81, {.
c. a. reports. page 1914, where the ques-
ton is discussed in all its phases.
The supreme judicial court Of Massa-
chusetts has recently decided that the
statutes of 1884 chapter III, and 1888,
cbapter SIS, for punishment for selling
DroDertv upOn the inducement that
something other than what is specific
aIIv stated to be the subject Of the sale
is also to be delivered will not warrant
a conviction where the defendant gave
stamps to the purchaser emitting the
holder to receive other articles at the
store Of another merchant. The stat
mics above referred to have been con-
str11ed to refer only to the offer of bar
gains that appeal to the gambling IN
stipct and induce people to buy what
tTev do not want. by the promise OF
-ift or prize. the nature Of which is not
known at the time Of making the puf-
chase. The court holds that, in view
Of the limitations of the statute. the
caso Is not in the same class with othef
prosecutions for selling trading stamps
THE case is entitled commonwealth vs.
Clsson. and viii be found in 90 North
eastern, $50. - ,,o,.a
dull report of any case cited mere
will he supplied by the West Ruolish-
ing company for 25 cents)