The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-03-24
RECENT LEGAL OPINIONS.

Contracts with Cities--Eight-hour Law
Plaintiff entered into contract with the
city of Cleveland to construct a sewer In
obedience to a statute Of the State of Ohio
requiring the Insertion of stipulation in
all contracts for public works the contract
provided that laborerS should not be re-
quired or permitted 70 work more than
eight hours day, with penalty upon the
contractor for each days work in excess
of eight hours. Plaintiff violated this pro-
vision of his contract and considerable
sum was claimed TO have been forfeited, for
which he brought suit against the city.
Held, that he could recover The court
took the view that the statute was void in
that Ii invaded and violated the copstftu-
tional freedom of contract. The eight-hour
clause being In the contract by virtue Of
the statute rather than by. agreement of
the parties. must fall within the statute.
I65 Northeastern Rep, SSH
Commencement of Term of Imprison-
ment-
A United States marshal surrendered a
prisoner convicted of assault with intent to
kill. and whom he was conducting to the
other United States marshal, by whom he
was detained for trial for robbery Of the
mail. His first sentence was for five years.
for life in the United States penitentiary
at Columbus. This sentence was after
wards reduced to five years by the Presi-
dent. Upon his release from Columbus he
was taken to Fort Leavenworth to serve
his original five years. On habeas corpus
proceedings 1T was held that the prisoners
marshal should have performed his duty i'S
and committed him to the proper custody,
and that in contemplation OF law he has
entitled to the allowance for good behavior.
Ills Federal Rep. Es1
-Trial-Coercion of Jury
Defendant was convicted of murder.
After the submission of the case to the
jury the jurors were kept together for
t~4I-
other usual facilities for obtaining sleep.
They were given food. fire and reasonable
opportunity for exercise. Five jurors, who
until the last had voted for acquittal. sub
seauently testified that the verdict was de-
liberate and voluntary and not the result
of fatigue or exhaustion. Held. that the
verdict should not be disturbed. The length
of time that a jury shall be kept together
in consultation is a matter over which the
trial court has large discretionary power.
I92 Northwestern Rep (Nebraska), 751]
-Corporations-Ofice and stockholders
Plaintiff made a contract with defend
ants, who were stockholders in corpora
ton whereby he agreed to buy part OF
their stock and to use his influence in the
corporation for the reelection of the exist
ing board of directors in consideration of
their promise to procure for him a posi-
ton as cashier of the corporation for five
years and to repurchase the stock at
fixed price when he should cease to be
cashier. After the wrongful discharge of
the plaintiff the defendants refused to buy
back his stock and he sued them on the
contract Held. that the contract was not
void as against public policy and that he
could recover. RS N. Y. Supplement. 961.l
Divorce
Divorce laws '.are not designed and must
not be used for the purpose of enabling
even preachers to off with the old love and
on with the new. Judge Ragan in AZ
Nebraska, 612.
A husband who stays in the penitentiary
for a term of years for shooting his wife
Is not guilty of "willful. continued and OBJ
stinate desertion." IWolf VS.. Wolf. IS New
Jersey Equity Rep, ISL