The times., 1901-04-20
LATE LEGAL DECISIONS.

his vote at any election shall be guilty OF
a misdemeanor. The Indictment was
quashed by the lower court, and the Su-
preme Court, on appeal sustained this
action. holding that none Of the elements
In the statute is embraced in the defend
ants s expulsion from the church, since ne
did not suffer loss OF property or gain
and was not In any way restrained Of his
liberty or otherwise controlled in the ex-
ercise OF his personal conduct. (State vs.
Rogers, SS s. E. Rep, 34)
When a person is imprisoned under a
sentence for life in Kansas, does his prop
erty, by that fact, descend to his heirs in
all respects. as If he were naturally dead?
This question, which was recently de-
cided by the Supreme Court OF that State
in the case of Smith VS.. Becker (s4 Psc.
Rep, 40). arose from the statutes pro-
viding that when person shall be i'm
pr1soned under sentence OF fmprison-
Inent for life his estate. property. and ef-
fects shall be administered and disposed
or IN all respects as II he were naturally
dead. The court held that the statute
did not cast the descent Of the cOnvicts
property upon his heirs; that the word
administered as used In the statute re-
stricted the administrator TO the control
and disposition Of personal property for
| the benefit Of creditors, TO the end that all
debts OF the convict may be speedily paid:
and that the words disposed Of are not
broad and comprehensive enough to reach
to and embrace that act of the law which
vests the ownership or property HI an
heir by Inheritance. In pointing ont the
I incOngruity Of the convict position in
the event his property were held TO de-
scend to his heirs under the statute, the
court said: From such sentence ne may
appeal to this court within two years
after the judgment Is rendered If he be
granted a new trial. and finally secure
an acquittal, or his discharge from i'm
son, formerly civiliy dead, living with his
| heirs who have inherited his property
Again, il would be entirely legal for such
person, though once pronounced dead IN
law, to be appointed administrator Of his
own estate. or to be called upon 10 prove
the execution OF his own will In the
event Of the convicted person making two
wills, one before sentence and tmprison-
ment and the other after his pardon or
acquittal. and Immediately prior TO his
natural death. confusing question would
arise as to which viii should be given
effect
In a recent case in Mississippi. where the
dead bodies of a man and his wife were
discovered at the same time in the woods.
it was necessary for the court 10 deter
mine which died first. in order to decide
to whose heirs the property Of the hus-
band descended. The heirs of the wife
contended that the husband died first ana
that his property descended to his wife,
and through her to them; while the nelrs
of the husband claim that the wife died
first, or that they died at the same mo-
ment and therefore the property passes
to the husbands heirs The evidence
showed that husband and wife went into
a certain woods one morning, the nus
band carrying a rifle. and shortly aIter
they entered the woods two reports from
the rifle were heard. Their bodies were
found that evening the wife shot through
the body from behind, while the husband
was in squatting position, with his rifle
across his knees, and the top OF MS mead
blown off. The evening was rainy and
he nnaTlV freezing.
body of the wife. when found, was warm,
and there was evidence that she had
struggled in dying, but the body or the
husband was cold and rigid 1t was con-
ceded that the husband had shot the wife,
either accidentally or Intentionally, and
then committed suicide The court (Su-
preme) held that the wife survived her
husband and that his property descended
to her and her heirs. This conclusion was
reached from the fact that the body OF
the wife was warm when discovered, while
the husbands was cold, and, as the wealth
er was freezing. this condition or the bod
les reasonably indicated that the wife did
not die until some time after being shOt
(BroOme VS. Duncan. y So, 3S4)
The New York statutes authorizing the
construction and maintenance of side
paths for the use of bicycles along pub
lie roads and streets and for use of such
paths by persons riding bicycles have
been declared constitutional by the Su-
-
case of Ryan VS.. Preston. and held not
to impose an additional burden on the
highway, and not to be a use of the high
way for which the abutting owner Is en-
titled to compensation. The court said
that the regulation combining the bicycles
to the use of such paths no more imposed
an additional burden upon the use of the
highway as affecting the right OF an
abutting owner, than would a statute re-
quiring all vehicles going in either direc-
tiOn TO keep TO the right. 1t was object
II TT Te.r.-r
with the custom of hitching horses, but
the court said that no case had been cited
establishing the absolute right of OBJ
structing travel upon highway by hitch
ing horses.
Is a charitable medical institution liable
for the negligence of one Of it's surgeons
in operating on a patient gratuitously?
The Supreme Court, appellate division,
of New York. in a recent decision, in the
case OF Collins VS.. New York Postcard
uate Medical School and Hospital $50 y.
Y. Supp. 1060). holds that such an institu-
tiOn is not liable for damages where the
surgeon it employs has been selected with
proper care, and with no reason 10 be-
lieVe him to be negligent or incompetent.
Nhen the institution has exercised due
care in the selection of its surgeons and
other employees. the court holds that it
has then fulfilled its duty, and is not re-
SpOnsible for their negligence.
In a prosecution for violating the laws
prohibiting the sale of oIeomargarfne in
imitation of natural butter, the Supreme
Court, appellate division, of New York,
in the case of People VS.. Hillnan go n. Y.
Supp. co. holds that, in order to convict.
It is necessary 10 show that the defendant
kept the OleOmargarine for sale as an imi-
tatiOn of butter. and because the defen-
dant bought il as butter. II does not fol-
low that he knew that it had been manu-
factured as an imitation of natural but
ter. In commenting on the attempt 10
prove the color of natural butter in order
that a comparison might be made, the
court said that there Is not. and from the
nature of things cannot be, proof OF fix
ed and prevailing color Of butter sold on
the market. and that the court could not
take judicial notice OF the color of natural
butter because no single color could be
designated as that of natural butter.
What constitutes n lake has been dehu-
ed by the Supreme Court of Wisconsin in
the recent case of the Illinois Steel Com
pany VS.. Blot 80 n W. Rep. 402). The
court holds that it is not necessary that
particular locality should be wholly COW
cred bV water constantly. or be covered
sufficiently to be susceptible of navigation.
to give il the character of a lake bed as
regards title thereto; but that If body
of water is not river, yet Is reasonably
constant in character, il IS pond or lake.
and the limits thereof are the natural
shore, though water does not constantly
stand at that point
Where a policy of insurance covered all
furniture contained in certain brick
building and additions attached the
Supreme Court of New York. appellate
division, in the case of Maisel VS. Fire
Association of Philadelphia go y. Y.