The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-08-20
NOTES OF RECENT OPINIONS.

statute providing for a bounty on the
manufacture of beet sugar is held, in Mich
igan Sugar Co. VS. Dix (Mich), Sc L. R A,
329, to be unconstitutional as a taking of
the property of the taxpayers for a use
which is not public.
municipal ordinance forbidding, under
penalty, passengers to get on off a NOV
ing train without authority of those in
charge thereof is held. in Vice VS.. Chicago
& n. w. r. Co. Qll.), Sc L. r. A, 26S, to be
void for unreasonableness and oppression.
A municipal ordinance requiring corpora
tions operating electric street cars within
the limits of a city TO water their tracks
TO as to effectually lay the dust is held, in
State VS.. Canal & Q. r. Co. Qa.), SO L. r.
power.
The death of a bank depositor is held, in
Raesser VS.. National Exchange Bank
Cwis.), Sc L. r. A, ia. not to revoke the au-
thOrity of the bank to pay check which
he has given for a valuable consideration
under circumstances which make it irrevoc-
able as TO the assignee where the check is
deemed to work an assignment pro tanto OF
the fund on deposit.
The owner of an apartment house. who
rents the apartments and retains control
of the common stairways is held. in Nc
Ginley VS.. Alliance Trust Co. MOI, 56 l..
r. A, 334. to be liable for injuries to a
member of a tenants family caused by
stair railing which was effectively con-
structed, or had been negligently permit
ted to become out of repair.
An injury caused by fall from the steps
of a moving train is held, in Smith VS..
Aetna Life Insurance Company Qa), So l..
r. A, 271. to be covered by an accident in
Surance policy If the injured person did not
intend TO alight but inadvertently did so
by attempting TO descend to another step,
which he enormously supposed was below
the one which he was standing.
common carrier is held, in Ullman
VS.. Chicago & n. w. r. r. Co. (Wis.),
SO L. r. A, 246, to have the right, in con-
sideration Of a special freight rate, or
tire exemption from liability as an insurer
for loss of or damage to property received
from shipper for transportation, not
caused by negligence or willful misfeasa
Municipal authorities are held in People
ex rel. Bibb VS.. Alton Qll), Sc l.. r. A.,
95 to have no right to establish different
schools for white and colored children, and
exclude colored children from schools es-
tablished for white children. and send them
out of their district TO reach a colored
school, although the schools established
for the colored children are equally as good
as. or superior to. those established for
white children.
The stipulated amount to be paid by an
electric company to a city, under a bond
requiring il to complete the installation Of
its plant, for which the city has granted
the use of it's streets, within a specified
time, is held. in Salem Arson (Or.), sc
L. r. A, l69, TO be properly regarded as
amount must be paid in case of failure
TO meet the requirement. although the city
proves no actual damage
A plan of a building and loan association
by which borrower is required to bid
shares of its stock premium for a loan,
upon which he is required 10 pay the dues
the same as on the stock which represents
his loan, which dues inure TO the benefit of
the association, is held in Pacific States
Saw, l.. and B. Co. VS.. Hill (Or). Sc L. r.
A. 163. to be mere device 10 cover usury,
and If, when added TO the regular interest
charge, the aggregate is usurious, the con-
tract is held 10 be unenforceable.
A statute providing that every person,
firm corporation or company using cou-
pOns. scrip. store orders or other evidence
of Indebtedness to pay its laborers and en-
ployes shall, If demanded, redeem the
same in the hands of such employees or
bona fide holders in good and lawful money
of the United States at their face value. If
presented on any regular pay day. is held
in HARRISON vs.. Knoxville Iron Co. CTenn.),
So L. r. A. SIC. not to deprive persons of
restricting the right of contract.