The Washington times., 1902-04-20

in the case of Rath VS.. Rath (S9 " w
Rep. 6l2) holds that parental advice
| honestly given without malice and with
the intention of benefiting the son, is a
defense:
Held to Be Gambling.
Playing cards in a strip Of woods a
quarter OF mile in length in a pasture
about a mile from a public road. is held
case of Russ VS.. State 81 So. Rep. 500 to
constitute gaming in a public place with
in the meaning of the statute.
Railroad Is Liable.
Where a railroad company so manages
its business as to entice cattle on its
| track TO feed upon wasted cotton seed al
place from which they can not readily
escape passing trains, and where they can
not be seen by engineers in time to pre-
vent collision. the supreme court of
Mississippi in the case of Illinois Central
Railroad Company vs. Seamans t3I So.
Rep, j46) holds that the railroad company
will be liable fer the death of a fireman
caused by the derailment of his engine in
running over COW at the place.
Meaning of Artesian.
preme Court of Mississippi in the case of
Hattersburg Plumbing Company vs.. A. E.
Carmichael & Co. (31 So Rep, 536) to be
word of equivocal significance, standing
unexplained in a contract The primary
definition, said the court indicates n well
from which the water flows naturally
without artificial pressure: but the sec
ondary definition indicates that 1t may be
iaI all tn H.,
ter is made to flow by artificial means.
Il was hence competent to introduce pa
role testimony to show what meaning 1t
has in a particular contract.
Precedent Not a Rule.
Where the term of an appointive officer
is fixed by law. and he is given no right
to hold over until his successor is ap-
pointed. the Supreme Court of Missouri in
State VS.. Lund (66 S. W. 1852 holds that
the facts that it has been the custom of
his predecessors to so hold over, and that
inconvenience would result from the Of
fee being vacant, are no defense to a
/ proceeding by the State in the nature of
quo warranto.
Can Not Be Expelled.
A member of benefit society. who, just
before an election therein. distributed cir
culars criticising the officers of the So
ciety. and proposing an opposite ticket.
cannot be legally expelled therefor. where
the constitution OF the society author
ICES no such action, holds the New York
supreme court, special term. in the case
| of Gleiforst vs. Workingmen' etc. Ben.
! Fund as n. Y. Supp. AZ.
Pay of Assigned Attorneys.
Attorneys appointed by the court to de-
fend INDECENT persons accused of crime are
held by the supreme court of Wisconsin in
the case of Green Lake County VS. Wau-
paca county $50 N. w. Rep. 5i9). not to
be entitled to compensation for time
spent in preparation for trial
Status of Visiting Doctor.
Where a physician. while attending
patient. calls In another physician. who is
present at the examination of the pa
tient, but who takes no part therein. and
does not prescribe. the supreme court of
Wisconsin in the case of Green vs. Town
OF Nebag gamain (S9 n. W. Rep, 500. holds
that such visiting physician cannot dis
| close the facts so learned, If the patient
objects to such disclosure.
Ejecting Drunken Passengers.
The brakeman of a railroad company
had the right to eject drunken passen-
ger who was boisterous and violent, and
the company incurred no liability there
for II no more force was used than was
necessary. holds the court OF appeals OF
| Kentucky in the case Of Chesapeake and
Ohio Railway Company vs. Saulsberry (66
S. W. Rep, 1861.
Ordinance Void
A municipal ordinance prohibiting pool
selling on horse races. and providing for
| a punishment against any saloonkeeper
permitting poolselling on his premises, is
held to be void by the court of criminal
appeals OF Texas in Exparte Ogden (66 s.
W. Rep. ll00) where 1t conflicts With a
State law licensing the selling Of pools
On horse races.