The silver messenger. (Challis, Idaho) 1890-1912, 1906-01-16

with the knowledge and acquiescence
OF the canal commissioners, OF fumes
to take water from a canal feeder,
under contract by which the com
missioners granted the right to take
IT, the bottoms of which are level with
the bottom OF the feeder, so that
whenever the grantee was entitled to
take water he would receive it under
a head, is held, in Merrifeld VS.. can
al comrs. Qll.), 81 l.. r. A. 1853, to be
practical construction of the rights
OF the parties which will prevent the
commissioners from subsequently
placing weirs in the fumes SO that
no water can be received until II has
reached a certain height in the feed
err. All the other authorities on grant
Of water power are reviewed in an ex-
tensive note to this case
Under a will giving real estate to
testator's wife for life, and providing
that at the expiration of the life es-
tate that which is given to her for
life shall be equally divided between
all my children. share and share alike.
the representatives Of such as may
have died to stand in the place of
their ancestors" it is held, in Bowen
VS.. Hackney IN. CO, 81 L. r.. A. 44O,
that no estate vests in the children
until the widows death, and that,
therefore. a child dying before the
widow has no interest which will pass
by its will.
The owner of lands through which
a natural water course flows is held.
in Baldwin VS.. Ohio twp. (Kas). 81
l.. r. A. 642, to have the right to ac-
cumulate surface water falling upon
lands adjacent thereto. and catch the
same into such stream, without be-
coming liable to a lower riparian own
er for damages. so long as the nat
ural capacity of the stream is not ex-
ceeded.
A clause in a win forbidding the
sale of testator's real estate during
the lifetime of the life tenant is held,
in Wood VS.. Fleetwood IN. c., 81 L.
R. A. A. to be void as against public
policy.
That a will may pass title to after.
acquired real estate under a statute
providing that every person may, by
last will. devise 'alI his estate. real,
personal. and mixed" is decided in
Mueller VS.. Buenger (Mo.), 81 L. R
A 64S.
Taking up court records from the
place where they have been laid and
walking away with them with intent
to destroy them. are held, in People
vs.. Mills IN. ", 81 L. r. A. 131, to
render one guilty under a statue max
ing the unlawful removal of such rec
ords a crime, although they were TAX
en- from the place where they had
been put by authority of the district
attorney for the purpose of detecting
defendant in the commission of the
crime.
A carrier transporting freight on
platform cars to a station where it
maintains freighthouse but no agent
is held in Normile VS.. Northern P. r.
Co. (Wash.), 81 L. r. A. 27I, to be
Obliged to place the freight in the
house in order to relieve itself from
liability for freight lost through theft
unless it shows that it is not able to
do so.
A statute which makes it unlawful
to discharge an employee because he
belongs to a lawful labor organization
and which provides for the recovery
of damages for such discharge. is
held, in Coffeyville vitrifed B. and t.
Co. VS.. Perry (Kas.), &c L R. A. 1856,
to be void.
The right OF an employee to recover
damages of railroad company for an
injury proximately caused by his VIC
lation of penal statute or municipal
ordinance is denied. in Little VS..
Southern R. Co. (Ga.), sc L. R. A. 509
even though the employer may have
directed the employee to violate the
law, or may have sanctioned the con-
tinuance of custom amounting to a
contravention of the law.
The public right of comment or
criticism upon the acts of an author
and instructor in a university is held.
in Triggs VS.. Sun Printing and Pub
fishing association IN. ", Sc L. R. A.
612, not to extend to an attack upon
him individually or to justify defama-
ton of his character.
An act done by a servant while en-
gagged in the work of his master. but
entirely disconnected therefrom. and
solely for the accomplishment of the
malicious or mischievous purpose of
the servant. is held. In Evers VS..
Krouse IN. ], Err. and App. IS L. r.
r. 592, not to render the master liable
for injuries to a third person result
ing from each act.
The ownership of money in a cash
drawer of which a clerk has posses
sion with the right to make change
therefrom and place receipts from