The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1907-04-30

gpaitment house Il either d building
othstyise errned hst or ii i
building dsidsi lntS spsfsts suite
lot rooms iatessea ioE sssidence bs,
copnpnly without facilities for sbos.
fins was softendsd that fhespropeF
distinctlon depensea upon the amount
ofsfert which vas paid. The coart
Econeedes the possibility Of this. but
holds hat the payment o. ssOla montn
rent will not convert a fat into an
apartment.
Powers Of Religious societies.-The
right of a Splritualist organization to
use It's property as a summer resort
and provide for the holding OF camp
meetings is upheld by the Massachu.
sets Supreme Court in Nye VS.. White.
more, 20 Northeastern Reporter, 25s,
The court holds that the act lncorpor.
ating the association permitted It to
hold personal and real property and
specify that q wharf, hotel or other
public buildings might be erected, and
that such buildings should for the pur:
pose Of taxation be considered real
estate. The holding Of camp meetings
I .fHH.N - .|H. *.
Upon the premises seems to be the Oh.
iectlonable point, but the court main.
taiRs that the legislature seemed to
have in mind such meetings from the
wording Of the act Of incorporation.
What Makes a Stream Navigable.-
The Virginia Supreme Court Of Ap.
peals in Hot Spring Lumber & Mfg.
Co. vs.. Reyercomb, S. Southeastern
Reporter, $50, passes upon the question
as to how large a stream must be In
order to be a n~avfgable or fioatahie
one. The court says that II by rea.
son Of increas ed precipitation at sen!
sons recurring periodically with rea.
sonable certainty the flow Of water
will be sufficient to be substantially
useful to the public for transportation
purposes, it is a ~navlgable stream.
Breach OF Warranty In Insurance
Pollcy.-The efforts OF insurance com.
panies to show breaches Of warranties
often lead to unusual contentious. but
the case Of Scoield's adm'x VS.. Metro.
politan Life Ins. Co, g. Atlantic Re-
porter, 1l07, probably represents the
limit. The company showed that a
brother Of the insured had received a
letter from him mailed in Colorado,
and as q result commended that they be
permitted to argue to the Jury that
California and Colorado we're resorts
for consumptives. and on appeal con.
tended that the court shonld take ju.
diclal notice Of the fact that Colorado
was the. place TO which consamptives
resort. The Supreme Court Of Yer.
mont. however. refuses to sustain these
contentious. and points out that the
mere fact that a letter had heen mail.
ed In Colorado by the insured would
have no tendency to prove that the In
spred even resided In Colorado. much
less a tendency to prove that he had
consumption. The court adds that 1t
would hesitate TO hold that a. temper.
Ury or permanent residence In Colo.
.sdc would have a tendency to prove
that the insured was suffering from
consumption.
Practlclng Medicine Without Ii.
cense.-The defendant, who appeared
TO be one Of those quacks who adver.
I Sc to cure all manner of diseases,
had. together with others, incorporat.
ed, and advertised that he was author.
lied by law TO teach the science OF
! aeaiing, and engaged Offices, where It
was shown that people had consulted
him, had been examined and given
treatment, and had paid for the treat.
meats and medicines. Defendant ad.
mlttes that be had no certificate Of
mrlitai education. but contended that
he charged no fee for his advice, nay
heing taken only for medicines furnish.
ed and work done. This evidence be-
fore the Supreme Court of Rhode Isl.
and In State VS.. Hefferman, G5 Allan.
tic Reporter, 2Sl. Is held TO show that
the defendant had prlctlced medicine
In violation OF law.
ahor unlons.-The right Of a Ia.
bor union under It's constitution and
by laws to procure the dismissal Of a
member from his employment upon his
suspension from the union is brought
before the Supreme Court Of New
Jersey in the case Of Brennan VS.. Unit.
ed Hatters OF North America, G5 At.
lantIc Reporter. 1G5. The court CUES.
tlons whether any member Of a union