The Washington times., 1902-01-12

eacn sleeping car OF $lU0, ana, IN ddQiliOn,
a tax of 20 cents mile for each mile of
railroad over which it runs, is held by
the Supreme Court OF Mississippi, in the
case of Pullman Palace Car Company
VS.. Adams GO So. Rep, 757. to affect only
the business done in the State, and Is
not unconstitutional as interference with
interstate commerce.
man was indicted in the United
States District Court. California, on the
charge of having in his possession.
without authority of the Secretary OF the
Treasury or other proper officer of the
United States, two bills of the denomina-
tion of 81 and s. respectively, issued by
a New Jersey bank, which were printed
and engraved after the similitudc OF an
obligation of the United States. But
Judge Bellinger held that bills Issued
by a bank for circulation are not obllga-
tions or securities engraved ana printed
after the slmilitude Of an obligation ana
security of the United States, since they
do not purport TO be obligations OF Sc
curities of the United States, ana an IN
dictment does not charge an onence
where it shows that the instruments re-
ferred to are such bank bills.
A bankrupt membership IN STOCK ex-
change is property, and its money Vaiue'
subject to the restriction imposed upon
such membership by the laws OF the as
sociaticn, constitutes assets OF ms es
tate. holds Judge Shiras. of the United
States District Court, Missouri TIN relay
lord, Ill Fed. Rep, 7l7)
Where a Federal indictment Tor murder
alleged that the homicide was committed
in the limits OF the United States military
station of Fort Sam Houston, Texas, Judge
Maxey, United states District judge, heId
that before the Federal Court could OBJ
tain jurisdiction two questions must De
determined: First, whether there has been
such a cession By the State of Texas TO
the United States Of the territory upon
which the act alleged to constitute the
crime was committed, as to render such
territory "a place or district of country
under the exclusive jurisdiction OF the
United States" which is question OF law
for the court: and, second, If such cesslon
was made, whether the act was Commit
ted within the territory so ceded. which
is a question of fact, to be submitted to
the jury. Omitted States VS.. Lewis. III
Fed. Rep. 630.)
While the prior occupancy by teie-
phone company of space in street for its
poles and wires under a franchise granted
for such purpose viii entitle II TO the
stantial impairment, SO long as Ii con-
tinues 10 perform its obligation, the Unit
ed States Circuit Court OF Appeals, Sixth
circuit in the case of the Louisville
Home Telephone Company vs. Cumber-
land Telephone and Telegraph Company
Q1i Fed. Rep, 663l, holds that its right
to such space is not absolutely exclusive.
but is subject to the right OF another
company to enjoy like privilege therein
granted under power reserved by the mu-
nicipality, provided there is no unreason-
able or unnecessary interference with the
operation of its own line, and it will suf-
fer no serious injury therefrom.
There is no authority for the imprison-
ment Of a seaman for refusing to further
perform his contract for service on a ship
when at any port, and such Imprisonment
at the instance of the master, whether
through judicial process or otherwise, is
a violation of his personal rights, which
renders the vessel liable in ndamages, holds
Judge Hanford, of the United States Cir
cult Court, in the case OF South Portland
Ql1 Fed. Rep, 100.
A pedestrian has the right to presume
that the streets and sidewalks are rea-
sonably safe and, though he knows of
their bad condition, he is not necessarily
negligent in using them. holds the Su-
preme Court of Appeals of West Virginia,
in the case OF City of Winchester VS.. Car
roll (4O S. E. Rep, 81. But where the
u uA;afe condition of the street is obvious
there can be no recovery for an injury by
one cognizant of the facts.
On a trial for murder the evidence
showed that the deceased. while sitting
in room at night, with her back to the
window, was shot by some one outside the
house, and died shortly thereafter. Evil
dence was admitted that she stated. after
she knew she was going to die, that she
thought the defendant had shot her; that
he told her he would if he saw any man
talking to her that night. On appeal, the
Supreme Court (MississippD held that the
evidence was inadmissible as dying dec
laration as deceased was not testifyfng
as to fact, but merely stating an opin-
ion and the court held that whether ii
was a statement of an opinion or Of fact
was a question for the court to determine
and not for the jury.
Where the compensation for services
rendered by husbands for their wives in
the management of business belonging to
the wives is more than sufficient to sup
port and maintain their families, and
there is no contract as to the amount OF
compensation, the Supreme Court Of APP
peals of West Virginia in the case OF
Catlett Vs. Alsop 40 S. E. Rep. 3D holds
that the excess is debt due from the
wives and subject to claims of the hus-
bands creditors.
A day Iaborer was employed by salt
and chemical company. His duties con-
sisted of drilling, breaking up, loading.
and removing blocks of salt. He was en-
gagged in common employment with yard
foreman whose duty was to give direc-
tions where and how the work was to be
done. The foreman worked with the men
when occasion required, had authority to
employ and discharge men, acted under
instructions of resident manager and
local experimenting engineer, and was
paid by the day. In an action by the la
borer for injuries received while at work
on account of the negligence of the fore
man the Supreme Court of Michigan
(Mikokejzak VS.. North American Chemi-
cal Company, s Det L. N, 500 held that
he could not recover as he and the fore
man were fellow servants.
judgment on Judgment note entered
in favor of an assignee of the note by his
initials, and not his full Christian name,
is held by the Supreme Court of Delaware,
in the case of Dickerson VS.. Kelly $50 Att.
Rep, 5l2) to be void, though the maker
authorized the payee to take judgment in
his initials, since the maker was not
party to the assignment, and is entitled to
know whom he owes.
A creditor who has received payments
within four months must surrender the
same before he can prove any claim, re-
gardles of his good faith or the indebt-
edness on which they were paid. holds the