The Indianapolis journal., 1903-04-28
RECENT LEGAL OPINIONS.
constitutional Law Municipal Fuel
Plants

Plants
An application was recently made to the
justices of the Supreme Judicial Court of
Massachusetts for an opinion on the consti-
tutionality of a House bill designed to au-
thorize the municipal corporations Of the
State to establish and maintain wood and
coal yards at which the people could be
supplied with fuel. In the main the an
swers were adverse to the validity of the
measures proposed. lSee Sc Northeastern
Rep, 25; In view of the recent establish
ment of municipal fuel yards by many of
cities, the opinion of the Massachusetts
court is interesting. In one part OF the
opinion the court says: IF men of prop
erty. owning coal and wood yards, should
be compelled to pay taxes for the estaO-
lishment of rival coal yard by a city or
town to furnish coal at cost they would be
money for their own impoverishment."
Savings Banks : Payment to Wrong
Party
"A bank issued passbook to deposition.
in which there was printed the following
bylaw: LAS the officers of this Institution
may be unable to identify every depositor
transacting business at the bank. the insti-
tuition will not be responsible for loss sus-
tanned when the depositor has not given
notice of his book being stolen or lost, If
such book be paid in whole or in part on
presentment" The bank made payments,
first to a person who falsely personated
the plaintiff, and second upon orders TO
which the plaintiffs signature forged.
the passbook being presented in each case.
The bank did not have the plaintiffs sigma
ture upon any book. so that IT could be
pose of comparison. Plaintiff sued for the
amount of these payments, and IL was held
that he could recover. [52 Atlantic Rep.
(Maine), 1Ol2.
Interstate Commerce-Tax on Delivering
Agent
municipality enacted that every person
engaged in selling or delivering picture
frames within the city should pay certain
license tax, and; & on defaul6; t, penalty d IoT
frames and pictures separately packed to
the defendant, its agent, who was sent to
make delivery upon sales previously made.
Defendant unpacked the goods, placed the
pictures In the proper frames and delivered
them without taking out the required Ii
cense. The United States Supreme Court.
on review OF q judgment for violation, held
and invalid as a regulation of interstate
commerce. [23 Supreme Court Rep. North
Carolina case). 229.1
Labor Unions-Inducing Employees Dis
charge
An apprentice stonemason was discharged
by his employer through the interference
by labor union. which threatened to with
| draw other laborers in his employ If he re-
tanned nonunion employe. In an action
| for damages against the labor union IL is
held by an English court that the person
discharged may recover for the interfer-
ence with his contract. z Kings Bench
This decision is based upon and firmly
sustained by the line of English authori-
| ties. A decision in the American cases has
| arisen upon the question of whether the
| interference was malicious or not.
Fraudulent onveyances-Husband and
Wife
A husband contracted for the building of
| a house on the lot which was the property
| of his wife and appeared upon the rec
| ord. But in contracting for the building
| the husband treated the lot as his own and
| the material men relied upon it. The wife
knew that the husband made the contract
| in his own name. The value of the lot was
| enhanced many times. and the husband be-
came insolvent without paying for the ma
| terial. Held, that the improved lot is sub
| ject to the payment for the material. [92
/ Northwestern Rep. (Michigan). 7s4