Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-07-18
Important Decisions
.s1,REET CAR coMpAN1ps,

/ OitIt
| The Florida supreme court has held
| that the Florida act of 1906 requiring
| street car companies to provide sep
lrate cars, or compartments in cars,
| for the Caucasian and the African
| races, is "a violation of the Four
| teenth Amendment OF the Federal Con-
stitution. The court in delivering the
opinion said: I'VE are entirely clear
that Section of the questioned act is
a violation of the Fourteenth Amend
| ment OF the Constitution of the United
States, in that 1t discriminatory
aDridges the privileges and immuni-
ties of one class Of citizens Of the
United States by giving to an
other class of such citizens privileges
that are withheld from the class dis.
eliminated against. 1t gives to the In
valid adult Caucasian, man CIR woman,
the right to be attended In his or her
department of the car by his or her
colored nurse and withholds from the
African invalid the corresponding priv
iieges of being attended in his or her
department Of the car by his or her
white nurse. 1t also gives to the AT
rican nurse the right to space lin eith-
err department of the car, and with
holds from the Caucasian nurse the
same privilege, thereby discriminating
between the races in favor Of the At
rican nurse as against the Caucasian
nurse belonging to the same occupa-
tional class of persons."-Sstate vs..
Patterson. 80 SO. Rep. 39SGFlorida).
"CHRIsTIsAN SCIENCE HEALER
The plaintiff, being afflicted with ap-
pendicits and dreading a surgical OPP
Grafton, employed the defendant, who
assured her that he could and would
cure her by christian Science" meth
DDS. He treated her for several days.
but her illness increased, ana finally
she submitted to surgical operation
and was cured. Thereafter the plain
tiff brought suit for damages, includ-
ing in her declaration counts for con-
tract, negligence and deceit. The court
held, that one who employees voluntar-
lily christian Science" healer to treat
him by the usual methods employed by
such practitioners cannot recover
damages for negligence either on the
ground that the method practiced by
ordinary physicians was not followed,
or on the ground that public policy is
opposed to such treatment; and that
the healer's statement that he could
and would cure the plaintiff did not
authorize recovery on the ground of
deceit unless 1t We're shown that such
statement was not only false but was
made with fraudulent intent. In other
words, the intelligent and voluntary
consent of a person to take Christian
Science" treatment precludes him from
recovering damages in case such treat
men does not result to his satisfaction,
provided the healer has exercised the
care, skill. and knowledge OF the or
binary Christian Scientist"
Speed VS.. Tomlinson, SO Atk. Rep.
376.
MONOPOLY OF SALE OF BOOK.
The complainant alleged that "as a
part of said unlawful scheme and COM
bination the members of the American
Publishers Association agreed that
such net copyrighted books, and all
other books, whether copyrighted or
not, should be sold by them to those
booksellers only who would maintain
the retail net price of such net copy
righted books for one year, and to
those booksellers and jobbers only who
lower than such net retail price. or
whose name would be given to them
by the association as one who cut such
prices. The court found that the
practical construction given to this
agreement by the members Of the as
ISOLATION, also set out in the complaint,
that it had the effect to prevent any
dealer who was ever suspected of re-
selling any copyrighted books at less
than the net price from obtaining
books at any price or on any terms,
whether copyrighted or not, and this
meant that he might be practically
driven out of the business If any one
chose to suspect that a dealer to whom
he had sold books had resold them at
less than the fixed price. Such agree
ment interferes with the free pursuit
OF lawful business - a business In
which monopoly is not secured by
the federal statutes namely, of dealing
in books which are not protected by
copyrights, and is in violation of the
statute against monopolies.
Straus VS.. American Publishers AS
ISOLATION, SO N. e. Rep. 11o7 On. Y.)