The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-04-06

that contemots should consist Of two
/ kinds. those committed in the presence
Of the court. and indirect contempt,
such as wiiful disobedience or resist
snce to the execution any process or
lawful order of the court, and prOv1d-
ing, further that in cases Of indirect
contempt the party charged shall be
notified in writing, have reasOna bic
time for defense. and may demand a
change Of judge or venue and a trial
by jury The law seems to embrace
everything that is contended for by
those persons who favor an abridge-
ment OF the present rights of courts in
contempt cases. The supreme court of
Oklahoma, however, has declared that
this enactment is unconstitutional,
holding that the power to punish con-
ipts is inherent in the courts is
necessary for their preservation. and
as much the law of the land as any
part Of the common law which has
come to US under the guaranty Of the
constitution of the United States and
beer wen 10 the supreme and district
cours of Oklahoma by the organic act,
and mat the legislature has no power
TO take from the courts whose juris-
diction originated in the organic act
the right To punish a contempt. nor to
remove the hearing of it to another
county, nor cause the matter to be sub
mitted to jury. The case is known
as Smith Us. Speed. 60 Pacific Re
porter. Oh, and owing TO the present
agitation Of this matter. win undoubt-
eddy attract widespread attention.
Imprisonment for Debt-Plaintif.
who had been required by decree in
divorce to pay aiimOny, was imprisoned
for contempt for a failure to comply
with the decree. and endeavored to OBJ
tain his Telase by means Of a writ of
habeas corpus on the ground that the
Imprisonment was for debt and within
the prohibition Of the constitution. The
supreme court of Washington holds,
however, that a decree for alimony is
not debt, and cites authorities from
many states in support thereof. The
case is In re Cave, 66 Pacific Reporter.
AS.
Liability for Sale of Explosives
very unusual case was that if Gibson
VS.. Torbett, IS Northwestern Reporter.
44S, recently decided by the supreme
court of Iowa. Plaintiff was an IN
educated man, who was not aware of
the dangerous character of phosphorus.
a quantity of which he ordered from
the defendant. Defendant sent three
sticks Of phosphorus. properly packed
in water and labeled. While removing
the phosphorus from the package one
stick was dropped, which caused the
explosion of the remaining sticks in
PLAINTIFFS hands with the result that
he was seriously injured. The court
held that the fact that the letter was
badly spelled, incorrectly capitalized
and ungTammatiCal did not show such
untamiliarity with the nature of the
drug on the part of the writer as TO
render defendant wanting in ordinary
care in sending the article without a.
warning as to its dangerous properties.
Schools as Charitable Institutions "
In the interesting case Of State vs.
Board of Control, IS Northwestern Re
porter, 5S3, the supreme court of Min !
nesota holds that under the act Great {
ing state board of control and pro /
Vldlng for the management and control F.
Of the charitable, refOrmatory and De /
nal institutions Of the state and aboI- I
lsmng the state board of charities and T.
corrections. It must be assumed that /,
the phrase charitable Institutions
therein used gives to said board of con-
troll supervision Of the finances of the ]
state normal schools and other educa-
uonai institutions. It would seem from Z
this decision that the state university /
and the public schools as we'll may be I
looked upon as public charities. The
court says that while our public schools /
are open to all, and are claimed as a
right not accepted as a bounty. stiH in /
the broadcast sense they are charitable
institutions: that the greatest fnstitu- I
lions Of learning have received with