The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1908-02-28
LEGAL DECISIONS
Supplied by the West Publishing Co.
OF General Interest.

among others, the contention that the
provision violated the constitutional
guaranty of Il republican form OF gov
rnmen This constitutional provts-
lon the majority of The court main-
tains, Ii it DID refer TO states. did not
ceter to local affairs in the state. "A
dissenting opinion holding a contrary
view. was. however, filed.
RIGHTS OF PROPERTY OWNER
WITH REFERENCE TO TEl-lt-
PHONE WIItES-In Butler vs.. From
tier Telephone company, ~ Northeast-
sr,. Reporter. ZIG. Il property owner is
by the New Work coult of appeals held
entitled to bring ejcctment against a
telephone company to compel the re-
.noval of II telephone wire stretched
across his property. though not IN any
place resting thereon. This declsion IS
based on the settled theory OF the law
that the ownership of land extends up
ward to an indefinite extent, and that
the extent of obstruction is only n OF
degree.
DEPORTATION OF INSANE PER-
SONS-In state VS.. superior court, 81
Pacific Reporter, 207, the supreme court
OF Washington holds the law of that
state relating to the deportation OF In
sane persons invalid as being incapable
of judicial enforcement. remarking
that. Notwithstanding the court might
direct the sheriff to deport prisoners
to their home i'll an adjoining state. the
officers powers would cease i1n1nedi-
ately on his crossing the state bound
airy, so that to that extent the courts
decree would be incapable OF complete
enforcement.
LIABILITY OF CARRIER FOR IN
JURY TO PASSENGER RIDING ON
PASS-Passes may be tabooed by
legislatures, but. nevertheless. persons
will occasionally DE found riding on
them, and in Bradburn US. Whatcom
County Railway and Light company,
IS Pacific Reporter, 1920. the supreme
court of Washington holds that a car
rier is liable for injuries to Il passenger
riding on a pass in violation of law at
the time of the injury. The same as It
would be to a passenger paying fare:
citing Buffalo, etc, II. Co. VS.. O'Hara,
9 American and English Railroad
Cases. 3I7.
USE OF NATIONAL FLAG FOR
ADVERTISING-The United States
supreme court in Halter VS.. state. 81
Supreme Court Reporter, 419. upholds
as constitutional the Nebraska law OF
1908 making it a m~isdemeanor to use
representations of the national flag
| upon articles of merchandise for ad-
FertlSlfls purposes, tHus, III eileSt, ofef-
| ruling Rubstrat US. people. 1855 Illinois.
1873, So Northeastern Reporter, Al. and
| people ex rel McPike VS.. Nandecarr.
17S New York.. 425. 10 Northeastern Re-
porter. 965.
ALIENS RIGHT TO HOLD PROP
ERTY-The Washington supreme court.
in Abrams VS.. state, IS Pacific Report
err, 327, CONSTITUTES the provisions of the
state constitution. which prohibits the
ownership OF and by aliens. except
where acquired by Inheritance. under
mortgage in good faith. or in the or
binary course of justice in the coilec-
ion Of debts, and provides in general
tina conveyances to aliens shall be
void. Under this provision the state
may, where lands are conveyed to an
alien, have the same declared escheat-
] ed: but If the state fails to do this.
prior to the aliens death. the right is
lost, and the property descends to the
heirs of the alien.
CARRIERS LIABILITY FOR COM
MUNICATION OF CONTAGIOUS DIS
EASE-In NJ. Is. and II. Railroad COM
pany vs. Raney, SO Southwestern Re
porter, SIS. the Texas court OF civil
appeals decides that a railroad COM
pany is liable to n passenger for dam
ages resulting from the wife of the
passenger contracting smallpox from
him after he had contracted it from the
ticket agent OF whom he purchased his
ticket. The court is Of the opinion that
the knowledge of the ticket agent that
he had smallpox OF the time he sold
the ticket constituted knowledge on the
part OF the railroad company. thus de-
clinfng to follow the ruling in Long VS..
railway CkaEsas) 2S Pacific Reporter,
81, Is l.. r. A. $40, 10 Am. St. Rep. 29l.
PICKETING-The United States Cir
cult court for the eastern district OF
Wisconsin. in Allis-Chalmers company
VS.. Iron Moulders' union. No. 1875, up
holds the right of union laborers out or
Il strike to maintain "~peaceable picket.
ing" about the works Of their employer
But the court relnar that ~"peaceable
picketfng" is very much of an Illusion
The action OF pickets established by
strikers may amount to coercion and
intimidation Of worklnen of an en-
ployer, though no act is lone which
would be unlawful If lone by a single
Individual, where the mere number %
pickets acting together and their per
sistent following of the tc
and from their work day after day
for months is in itself a constant threat
producing fear and alarm among the
workmen.
TRANSPORTING CHILDREN ro
SCHOOL AS PROVIDING SCHOOL
TACILITIES'--A statute requiring
school boards Ito provide suitable
school facilities and accommodations
does not require school boards to pro
vide for the transportation OF children
living remote from the school house
according to the decision of the New
Jersey court of errors and appeals IL
board of education of Frellnghuysel
Township vs. Atwood. S5 Atlantic Re
porter. 999.
LIABILITY OF TEAM OwNEF
FOR COLLISION WITH STREET
CAR-If Il driver of a wagon permit.
a boy to handle the lines While tn,
driver is IT. the discharge of the bust
ness of the owner of the wagon. and
collision with Il street car is occasionet
by the boys negligence. and a passen
ger on the car is injured in the acct
dent. he owner Of the wogan is liabl'
for the boys negligence, according t.
Al,, -1sr(- - r %l.~ ~,