The times. [volume] (Washington [D.C.]) 1897-1901, 1901-01-26
LATE LEGAL DECISIONS.

Tie attorney for the defendant moved to
dismiss the suit On the ground that
married woman was not allowed to sue at
common law. and in support OF this propo-
sition he read number OF authorities and
made an elaborate argument. The justice
listened patiently. and seemed much i'm
pressed by the large array OF law books,
but when the attorney fer the defendant
had concluded, his honor picked up an
old thumb-worn code. and. opening Il at
the chapter on husband and wife. read
provision removing the old common law
disability in regard to married women.
Turning TO the defendants attorney he
said: The Law seems TO be with you but
the codes agin YOU The Justice evil
IDENTIFY had great respect for the common
law. and in his brief decision there is ap-
parent tone OF regret that he was COM
PEELED to announce the superiority Of
few lines Of the code to the volumes of
common law
Chromos. Autographs. or other prints.
enSravings, or pictures, having no other
use than that of mere advertisements and
no value aside from this, are held by the
United States Circuit Court of Appeals. in
the case OF Courier Li,hograph Company
vs. Donaldson Lithographing Company t1o4
Fed Rep. $685. not 10 be proper subjects
for copyright, on the ground that they
would not be promotiye of the useful arts
and possess no original artistic qualities:
and that in order for them to come within
the copyright statute. they must have sons
connection with the fine arts to give them
intrinsic value. The copyrighted chromos
or prints in the present case were de-
signed to be pictorial representations OF
acts done in circus, and were intended
for advertising purposes only. They con-
sisted OF a spectacular ballet a representa-
ton OF fancy bicycle riding by male and
female riders. AMI a picture OF the land
ing Of Columbus. and several other his
toric or classic events. The court said
that they may be creations in the sense
that they are not exact reproductions OF
the acts they advertise, but that the
rangement. pose. color, grouping. or ex-
preston does not appear to be new or
original
letter dictated by a person, type
written at his direction. and signed with
his name by means of rubber stamp
is held by the Supreme Court of Con-
nectieut, in re Deep River National Bank
ti7 Att. Rep. 675l. to be writing signed
by such person in the sense of the statute
providing that in order for a case to be
taken out of the statute of limitations
in certain actions by an acknowledgment
or promise. the latter must be in some
writing made or signed by the party to
be charged thereby. The court said that
since typewriting is a substitute for and
the equivalent for writing letters thus
written are TO be considered as having
been done by the party debating them.
and that when rubber stamp is used for
signing they are to be held as having been
-ftr 1Dd Hr- in ,n aI,c .xFo
press or implied requirement OF law. that
one shall subscribe writing with his
own hand.
The political status of an American
woman who marres a French citizen and
thereafter resides abroad is held by Judge
Thomas, Of the United States District
Court, Eastern district of New York. in
the case Of Ruckgaber VS.. Moore t104 Fed.
Rep, $40. to follow that of her husband,
and property actually in the State of New
York. which she bequeathed to her daugh-
ter. also Z nonresident alien, was held
MOTTO be subject to the tax imposed by
the War Revenue act of 1888.
a verdict of SO, 900 damages for dog
bite was recently sustained by the Su-
preme Court of the United States The
suit was brought by the father of small
girl, who was bitten by a Newfoundland
dog valued at 800. The chiIds scalp was
almost torn from her head by the dog.
and one of her eyes was seriously In
jured.
In Louisiana the Supreme Court held
that parties accused of crimes necessarily
punishable at hard labor have no legal
right to waive trial by jury and to insist
upon being tried by the district judge.
Estate VS.. Thompson, rs So. Rep. SS2.i
In a recent libel suit in North Carolina
jury awarded Methodist minister 500
900 damages for being called a baekslider
and a hypoerite. The defendants were the
Rev. Or. John C. Kilgo. President of
Trinity College; B. y. Duke. of the Amer
lean Tobacco Company. and W. R. OdelI, a
wealthy cotton manufacturer
The Supreme Court of Illinois. in the
case of People VS.. Murphy t1SS ILL.,. 144,
advance sheets1. holds that under an in
dictment charging the defendant with MUIR
der. a verdict in the usual form finding
him guilty in manner and form as
charged in the Indictment is specific
finding of guilty Of the crime of murder,
under the rule that all parts of the record
ere to be Interpreted together. The ques
ton was raised by an objection TO the
ground that it failed to specify OF what Of
fence or crime the defendant was found
guilty.
In an action to recover damages for the
pollution of the waters of a stream the
defendant set up as 4 defeLce a contract
made by the plaintiff in which he agreed
not to sue for such pollution. But the
Supreme Cour-held that the contract was
void. as against public policy. and that ii
was in contravention OF a statute making
the pollution of stream a crime. The
court said in part: Both knew thar the
defendant had violated a criminal statute
OF the State and was proposing 10 continue
the act. They stipulated that the plaintiff,
constituting q part of the offended public,
for consideration paid him. should not
put the law in operation against the de-
PENDANT for mis- wrong fer damages other
wise; that is to say, so far as the plaintiff
was able to control it. the defendant
should go on injuring the public and dis
cbeying the law. The plaintiff and de-
PENDANT are In pari delicto. The law VIII
leave them where it finds them. II viii
give their Illegal and void contract TO
recognition in any of the courts of the
country" tWestern Paper Company VS..
Comstock. IS y. E. Rep, Ind. 79)
4 prisoner serving a life sentence in the
state prison for murder is held by the
Supreme Court of Rhode Island to be
competent TO testify in his own behalf
though civilly dead for some purposes
4 late decision in bankruptcy in the
matter of J. r. McCauley & Sons q y B
y. Rep. 1851 calls attention to the fact
Il