The Nezperce herald. (Nezperce, Idaho) 1900-1957, 1904-09-29
JUDICIAL oEclsloNa

A school law which CLASHES schoo
districts without adhering either to the
common-law classification of munich
palities or to any method of classifica
ton that Is germane to the purposes
Of the enactment Is held, In Riccio VS.
Hoboken IN. j. Err. and App. 6S L.
r. A ass. to be unconstitutional as
being a local and special law provid
Ing for the management and support
Of free public schools.
One who has sold his property to a
combination and been placed In pos
session as agent Of the purchaser, Is
held, In Gilbert vs. American Surety
Company GO. @. A. 7th c.. 81 L. r. A.
253, to have no right after years OF
service under that agreement to repu-
date the contract and reclaim the
property ON the ground that the con-
ed was In restraint OF trade.
Evidence that subscribing witness
es to a will who are out of the Jurisdic-
ton. and whose signatures have been
a0Al PAONNtis nave biaQt otattAhtAb'
contradictory OF the fact contained in
the attestation clause OF the will. and
are OF bad reputation for honesty and
integrity, Is held. In Farleigh VS.. KEEL
ley (Mont). Is l.. r. A. 319. to be adj
mlssible for the purpose OF impeach-
Ing the effect OF the proof OF their sig
natures.
A corporation authorized to develop
and use the water power OF river.
and generate electric or other power.
light or heat and utilize. transmit and
distribute II for its own use or the use
Of other individuals or corporations Is
held, in Fallsburg Power and Manu-
featuring Company VS., Alexander
Va-). 81 l.. X. A 100 to be for a pri-
vate and not public purpose, and
therefore not entitled TO exercise the
right OF eminent domain.
The owner OF an electric street, car.
against whom suit Is brought by pas
senger injured by the burning out OF
fuse. Is held. In Cassidy vs. Old Col
ony Street Railroad Company Mass.
80 L. X. A. 2S5. not TO be entitled to an
that the doctrine OF res
ipsa loQuitur does not apply where
the evidence might justify a finding
that the resulting flame was greatly In
excess Of what would have resulted
had the fuse been in proper condition
and the imperfect condition OF the fuse
could have been discovered by the use
,f reasonable care.
A statute providing that whenever
persons desiring TO remove any tract
II land from the corporate limits OF
he city shall petition for such reInov-
Il, 1t shall be made. provided that
lfter published notice the district
curt shall find that no public or pri-
ate right will be injured or endan-
yered. all considerations as to any
light Of the city or Its creditors to look
o the property for taxes being exclud-
d. Is held. In Hutchinson VS.. Lelm-
'ach (KanJ SO L r. A $50. to be I'M
In that 1t attempts to
onfer a legislative power upon such
etitioners.
An administrator who ut the time of
is appointment was hopeie.sly In
olvent and who continued so during
II the time Of his administration up
, and including the time Of his finan-
al settlement is held In re Howell
Seb.), 81 L. K. A 313. to be entitled
, turn over the evidence Of bis I'M
debt to his successor or ,
her proper authority and to be dis
,arged from his official liability
Ierefore. A note to this case reviews
lie authorities on liability OF admins
alton and his sureties for debt owing
: the former to the estate Of his In
state where the administrator Is
,pelessly insolvent
STRANGER TO TIE FLAG l.