Daily capital journal. (Salem, Oregon) 1903-1919, 1907-04-12

for hiring them. II is said that the
essential purpose OF the enactment Is
not to regulate commercial inter
course among the states. The court
states that aside from what the sew
eral states through their own legis
llatures may do in such cases the con
stitution of the United States does
not confer upon congress by any fair
Implication the power to enact such
Legislation.
Statute Prohibiting Forfeiture Of
lInsurance.-The supreme court Of
the United States in Northewestern
National Life Ins. Co. V. Riggs, 27
Supreme Court Reporter, 1875, holds
that a state statute cutting of any
defense by a life insurance company
based on false and fraudulent state
ments in the application unless the
matter misrepresented actually con-
tributed to the death Of the insured
is constitutional, being applicable
alike to all insurance companies do
Ing business in the state, and does
not deprive a foreign corporation of
it's property or liberty without due
process OF law. The court further
states that the liberty referred to in
the fourteenth amendment is the lib
erty of natural and not an artificial
person.
Regulation OF Commercially le
gality OF state railroad commits
slons regulation requiring a railroad
company to stop its interstate mail
trains at specified county seats where
proper and adequate railway passen-
ger facilities are otherwise afforded
is questioned in Mississippi Railroad
Commission v. Illinois Cent. II. Co.,
27 Supreme Court Reporter, 90. The
court holds that this is virtually "A
regulation of interstate comerce, and
that the ruling Of the commission is
unconstitutional.
Rights of Minority Stockholders.-
The supreme court OF Illinois in Dun
bar V. American Tel. 4 Tel Co., 79
Northern Reporter. 423, passes upon
several questions relating to monopo-
lies and tho rights OF minority stock
holders. IL is held that a company
cannot purchase in It's own name the
majority OF the capital stock OF an
other company for the purpose OF
controlling the latter and preventing
competition, and further that the
purchase I'm the name OF others as
agents or trustees will not relieve the
transaction OF it's Illegal aspect. The
court further upholds the right OF
minority stockholders TO test the
validity OF such transactions, stating
that the minority stockholders OF the
purchased corporation might come
into equity TO restrain the purchasing
company from voting the stock which
Il illegally held. The court adds
that aside from the fact that the pur-
chase was beyond the power OF the
corporation, the COM
plainants would be entitled to equit
able relief, for the reason that the
purchasing company would maintain
a board OF directors for the purchased
corporation. which would act In the
real interests OF the purchaser. there
by iniurlng and finally destroying the
interests OF the purchased corpora
tion. This Is held TO be fraud
against the stockholders OF the lat
ter.
Computation OF Per Diem Compen-
sation. Tho question OF what con-
stitutes days work for such COM
pensution should be allowed under
statutes providing that state ana
county officers shall receive no stated
salary but be allowed a per diem com
pousation for their services. is passed
upon by the North Dakota supreme
court In State v. Richardson. l09 |
Northwestern Reporter, 1926, The
county commissioners were allowed
stated sum for the time they were
necessarily employed in the duties
of their once, and mileage for tho
distance actually travelled. The com
missioners had boen accustomed 10
charge the county for overtime when !
they were out ON their Official duties |
at night, and also 20 charge mileage
for one day comiug 90 meetings and |
ono day going from meetings. As
the result OF this practice one com.
missioner had collected for not less
than S6 days service in one month.
This practice tho court says cannot
be upheld under the law, as there Is
no provision that less than "A hours
sa&l constitute a days work.
o-