The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-02-10

legged killing of another person by means
OF the same poison, alleged 10 have been
sent through the mails, is incompetent,
where Sucn evidence does not teno 70
establish a motive for the crime, or the
intent with which il was committed, the
absence OF mistake or common schene
tor the commission OF both crimes, so
connected that proof OF one viii esIdD- 3
llsh the other or the identity Of the de- Z
PENDANT The other important holding
Is that, on trial Tor murder, evidence OF
statements of the victim of atormer
crime 10 his physician 10 the effect that
ne had received the powder claimed 10
have contained the poison from which
ne was dying through the mails which 4,
was the same manner in which the We l
tim of the crime charged in the indict-
ment was alleged TO have received his /
poison, Is incompetent
Taxation Of Corpora tions.-The efforts (
of citizens of Chicago TO compel the 3
state board of equalization to properly |
assess large corporations have recently /
resulted IN success. In the case OF state /
Board of Equalization Us. People, 81 /
Northeastern Reporter. $50. the court |
nolds that in determining the fair cash I
value of the capital stock of corpora 4
lions the proper rule to be followed shah /
be 10 add TO the market or cash value OF 1
tue shares OF stock the market or cash I
value Of the debt OF the corporation, eX- !
Guiding Indebtedness for current eX-
penses, and that the beard shall take the /
Jair cash value of the capital stock, and 4
tax the corporation accordingly. 1t is /
said that this decision will result in add /
ing thousands OF dollars TO the city 1
made TO enforce this rule for taxing cor !
porate interests in other states.
Liability for Tortuous Acts OF Tele- |
graph Operaters.-A telegraph company /
is liable to a bank for loss OccasiOned (
to the latter by its payment Of money /
on message purpOrting 10 have been I
sent by another bank. but which was in !
TACT forged by an operator of the tele- /
graph company. The circuit court of ap-
peals for the Ninth circuit. in the case /
of Pacific Postal Telegraph company VS.. /
Bank OF Palo Alto, 100 Federal Reporter, |
66S. has SO held. The court points out 1
that II IS the duty of the operator to /
send messages; that the message in qUes- |
ton was sent in the usual manner over i
the companys line and through its reg
ular agents; and that therefore the act 4
o. the operator, although criminal, and /
unauthorized by the company, was with ]
In the apparent scope Of his employment, !
and, If genuine. would have been within \
MS actual authority. The company is /
therefore liable.
Liability Because of Acknowledgement |
OF Ordinancs.-Where a city passes an \
ordinance regulating the speed at which 4
bicycles shall be ridden. il has been held /
?
the case of HagerstOwn vs.. KlOtz, AZ At /
lantic. S36. that the city is liable for in /
luries received by a pedestrian who was 4
knocked down by a bicycle going at an /
immOderate rate OF speed, il appearing
that the ordinance had become a dead /
letter. and that riders We're not prose-
cuted for violating the same.
Judgments as Debts in Bankruptcy.-
A judgment imposing a fine as a punish /
ment for violation of d state statute has
been held. in re Moore, II Federal Re /
porter, 145 not to be debt proVable IN 4
bankruptcy proceedings against the es-
tate of the defendant. The court saws /
that although a literal construction of /
the act would seem to hold to the con-
trary' II cannot be supposed to have been /
the intention OF congress that q. discharge p
In bankruptcy should release a defendant (
from hne imposed as a punishment for \
a criminal offense, and that the law /
should be construed as applying only TO /
civil liabilities.
Refusal to Furnish Gas.-In the case
Of Wood VS.. Gas company. 81 Northeast
ern Reporter, 554, the supreme court Of l
indiana holds that natural gas com
pany winch has been permitted by the \
city TO lay its mains in the streets for
the purpose Of furnishing the citizens /
with natural gas is bound to furnish il 1
70 every citizen who makes application /
therefor and complies with the reason
able regulations of the company. and I
that the failure of its supply OF natural /
gas is not a sufficient legal reason for !
TINS refusal TO supply new customers.
ne court says that the cOmpany'S pow
ers were granted in consideration for its /
engagement to bring to the community /
a public benefit, and that if the beneficial /
agency shall fall short il can make no \
difference in the right of all to participate /
in it on equal terms.
Interest Of Railroad in Highway.-In
the case OF Newark vs.. Board of Taxa
ton, ~ Atlantic Reporter. 525. the SUI
preme court of New Jersey has cOnsid-
cred the question of whether a street 4
railroad company has such an interest in
the soil Of the highways over which it !
passes as Is taxable as real estate. After /
reviewing similar cases from a num-
Der of states, the court decides that the
railroad has such an interest for the pur-
pose Of taxation. The court holds that 1
the railroad. by its charter. is given the
exclusive right to use certain parts of /
the highway, and has laid in the soil the
foundations for its tracks. and has
planted its poles and used the ground to
the exclusion Of any other person who 1
might desire to occupy the same. The |
company has grant Of part of the pub
lie estate for its own permanent. exclu-
slVe use, and this in an interest in real /
estate
Payment of Alimony by a Bankrupt.-
II has been held by the supreme court of 1
Illinois in the ease of Deem vs. BIoOmer
81 Northeastern, l31, that discharge in
bankruptcy does not discharge the LA 4
bllty or divorced husband to nav ali
mony since alimony is not a debt owing
from the husband to the wife but an Oh
hgatlon 70 support the wife which is i'm
posed by public policy.
Enjoining Striking Emplovas-An At
tempt IS made in the case of Cohen Us.
Garment Workers, y New York Supple-
ment, "a, to enlOin the employees of the
plaintiff from issuing circulars to the
customers Of the latter, notifying them OF
the controversies which exist between the
employees and the plaintiff. and REQUEST
ing them not to deal with the plaintiff
until the differences have been adjusted.
Inc court holds that th- employees are
within their rights. provided the circulars
contain no threats or intimidation. and
cltes, IN support Of its holding the lead
ing case Of Sinshenner vs. Garment
WORKERS . New York Supplement 321.
Gardner ct al. vs.. 90 Gold Coins Of al
ms Is the title of case which will be
found TO possess more than usual interest.
and which IS reported in III Federal Re
porter, 3D. \ fishing schooner. on her
way from Gloucester to the fishing
grounds. shortly after the wreck of the
Bourgoyne, which was sunk in Collision
on July T. 1898. found floating upon the
water the body of a man. uDOn which /
was found a wallet containing coins and
bank notes Of the value of Sl.O5N. The
body was buried at sea, and after Some
opposition on the part Of some Of the
crew the money was brought hack aD1 I
paid into court of admiralty. The crew,
were treated as salvors. and. I'm view OF
their meritoriOus action in turning the
money into court the crew. the master /
and the owners were awarded one his ~
the amount recovered. This award va. !
made in March. 1899. The balance of the
fund has remained in the registry OF the
court Tor more than two years. aud is
Claimed by three different parties In the
first nlace- the sal1-nrs cl.i-, -. - -