The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-11-24

The reports of the cases giyan below
are furnished T G l o b by the West
Publishing company, of this city, of
whom full decisions may be procured:
Contempt of Court--Another phase of
the controversy between Judge Moves
and the circrft court of appeals over the
Alaskan gold mines appears in the case
entitled In re Dubose. 109 Federal Re-
porter, 81, in which Mr. Dubose is SEN
fenced to six months Imprisonment for
contempt of court for couEseling disobe-
dicnce of an order of the circuit court of
appeals. The court upholds the right of
an attorney 10 advise his client as to
the validity of an order CT court, and his
advice to the effect that such order is
Illegal, if given in good faith will not
render him liable for ont.rnpt, because
of an error in judgment. Rut the court
further says that where an appeal of an
order made by an inferior court has been
regularly allowed by higher court and
all proper steps are taken resulting in
the issuance, filing and serving in the
lower court of a writ of SuperSedeaS, the
higher court has properly acquired jur-
isdiction; and one who, with. knowledge
of these facts, counselS diSoDedlence to
its commands is in contempt OF court.
The court is now considering the Judges
own case. Prior proceedings between the
same parties will be found in LOG Federal
Reporter, 10.
Police Power-A city ordinance making
It unlawful for any person to have in his
possession a lottery ticket has been con-
stTued by the supreme court of Cali
fornia, in the case entitled Elk parte Nc
Claim, 66 Pacific Reporter, 50, to be en-
braced within the constitutional authori-
cation empowering cities and counties to
make and enforce such local, police and
sanitary regulations as are not in con-
fiict with the general laws, and to be not
an unreasonable exercise of such police
power. 1t was contended that the law
was unreasonable in that it made the
mere possession an offense.
Right to encourage commission of
crime-The supreme court of Georgia.
in the case of Dalton V. State. SO South
western reporter. 46S, holds that, when
one is informed that aonther intends to
commit an offense against him, the law
permits him to afford opportunities for
It's commission and lay traps which may
result in the detection Of the offender.
To this end he may employ another to
act with the intending criminal and b.
present with him at the time the crime
is to be committed. If the intending
criminal does acts which would con-
stitute the offense, he will not be pro-
tected from punishment by reason of the
fact that. at the time the act was per-
formed, another, who was there with the
know ledge, consent and approval Of the
victim and even by his direct employ
ment aided him and encouraged the per-
petration of the crime
Misnomer-It has been held by the New
York courts, in the case of LieSum V.
Kraus. Il New York supplement, 1o22
that where the schedule of a bankrupt
described judgment as "Liesman,'' and
his real name was ''Liesum, the dis
charge of the bankrupt did not release
the debt as against "Liesum'
Seat in New York Stock Exehange-A
seat in the New York Stock exchange
is not personal property within the Laws
of 1885, c. l0S, defining personal property
for the purpose of taxation. This point
lis decided in the case of People ex rel.
Lennon V. Feitner. 60 Northwestern re-
porter 265. The court further holds that it
is not taxable to a nonresident under
section Z providing that personal property
Of a nonresident shall be taxed ito the
extent as if owned by a resident. It is
also held that the value OF the seat is
capital invested in business, but is not
taxable as the taxing statute does not
cover it.
Contradictory egligence-Plaintiff' de-
cedent, eleven years of age, was driving D
wagon loaded with lumber. Plaintiff was
driving a similar wagon Immediately
in advance. At jog in the highway
there was a culvert with an alleged drop
of six inches from the top of the road
bed. Decedent was run over and killed
at this spot No one saw the accident.
and plaintiff alleged that the boy was
shaken from The wagon by reason of the