The times. [volume] (Washington [D.C.]) 1897-1901, 1901-01-05
LATE LEGAL DECISIONS

The question whether a pardon granted
after conviction but before sentence. and
while the case is pending in the appellate
court. is valid. was recently decided by
the Supreme Court OF Michigan in the
case of People VS.. Marsh q d. L. N.
$3.50. The defendant was convicted OF be-
ing an accessory and of aiding and sbst-
ting William L. White. Quartermaster
General OF the State, in the crime of
fraud and embezzlement. Before SEN
tence, but after conviction in the Circuit
Court. he took an appeal, and while the
case was still pending on appeal the Gov
ernor issued a pardon. The defendant
filed a certified copy Of the pardon in the
Supreme Court and asked to be dis
charged. The Attorney General opposed
this action on the ground, among others.
that the pardon was void for the reason
that the Governor had no authority to
issue a pardon prior to sentence. The
Supreme Court held that the pardon was
valid; that when the defendant brought
it into the Supreme Court he in effect
said he was guilty OF the offence charged:
that the conviction of the court below
ought to stand. and that he waived the
bill of exceptions fled by him in this
court. Another objection TO the pardon
was that IL was on condition that the de-
PENDANT reimburse the courty for the ex-
pense incurred in his pros ecution But
the court held that this did not prevent
the pardon from becoming operative, but
made 1t subject to be- defeated by
breach of the conditions.
The question whether a party who
falsely represents the financial standing
or wealth of firm of which he is a men,
Der is guilty of false representation of
his own wealth and standing was re-
Gently decided in the affirmative by the
Appellate Court, First district of illinois,
in the case of Berkenfeld VS.. People The
statute defining who shall be guilty of
false representation provides that who
ever, by any false representation in writ
ing, signed by him. of his own
wealth shall be fined, etc, etc.
On the trial it was contended by the de-
PENDANT that under this statute a person
can only be guilty who makes the false
representation as to himself individually.
as the words his own in the statute
are not applicable TO statement made
by a firm. But the court held that a false
representation OF the financial standing
of firm by member OF such firm is, in
fact, a representation of such members
tended held the court. money paid
to firm is extended and paid to them
as individuals, as well as jointly.
Under clause in policy of accident
insurance, providing that the medical ex-
aminer of the insurance company shall be
allowed TO examine the person OF a mem
Der in respect to amy cause OF death"
the question arose. in the case of Ewing
VS. Commercial Travellers Association (66
y. Y. Supp, 1856 as to whether the COM
Dany had an absolute right to exhume a
body for examination after it had been
buried nearly a month. The application
of the company was made first to the
plaintiff who declined to consent and
subsequently to the widow of the de-
ceased who refused on the ground that
one public examination had been made,
and the organs affected were not there.
The trial court gave judgment against the
insurance company. and an appeal to the
Supreme Court appellate division New
York; affirmed this judgment The APPEL :
late Court held that the right TO examine
on the part of the company existed orly
for a reasonable time after death, and SO
long as the body is unburied or rot finally
disposed of In any case the court
said "a party who alleges a contract
right to invade the tomb. or the graves
of the buried dead. should be sure of the
language of his written agreement. 1t
should at least be Enthusiastically clear
The purpose should be apparent and the
terms so plain that inference or eonjec-
ture need not be resorted to TO discover
the true intent of the contracting parties
If the policy in question in plain terms
stated to an applicant for membership
that by accepting membership the appli-
cant bartered to the insurer the right. at
any time, to dig up and examine or dis
sect his dead body it is quite conceivable
that there would be few applicants for