Semi-weekly herald., 1908-03-30
LEGAL DECISIONS OF INTERESTS


Liquors-In Adams Express Company
V. Commonwealth of Kentucky, ~ ST.
preme Cort Reporter, soc, 2O6, u S
129. 81. L. Ed. 9S7. the United States
an agreement byt local agent of an
express company to hold for .ew
days a c. o. ID. Interstate shipnlen M
of Intoxicating liquors. TO suit the cen
venience of the consignee in paying
for such LIQUORS, and taking 1t away,
does not destroy the character of the
TRANSACTION as Interstate commerce,
SO as 10 render the sXpress company
amenable to prosecution for violating
a stale local option law. This Ieci-
sion is based on the recent case Of
Heyman " Southern r. Co., 203, U. $.
270, u supreme court reporter. I0l,
81 l.. Ed. IT'S, and by it the suprem1
coure roverses the decision of ;he
Kentucky oodrt of appe. is TO the .on
trary in 27 Ky. Law. Rep, 1896, 81
southwestern reporter iii.
RightDf State to Enioir Pollution ol
Air-ln atats OF Georgia Tennessee
Copper col.l any, q sup eme court re-
porter, 6lS. s06 U. S. 30. ii l. Isd.
| 1898, the Gni!s ID States supreme cnur;
| lays down t." proposIi!. \ that a or
eign coraoration will be enJuned at
the suit 3s the state of Georgia frcm
so discharglng sulphurods fumes from
| its works IN Tennessee as tJ pollute
the air over large trac Jl territory
| in Georgia. and TO cause and threaten
wholesale dan age TO fo,' y ; ana yeEe-
table lie iferein, If not to health
When The sti tes by tn ,r unihn male
the forcib'e abatement oI cu,S,le nun
| sances mpo. .ible TO each. they dbl
not thereby agree - submit Ia ~hat
ever mis1. e done They diG nli
renounce .he poss'b .'ty of making
reasonable demands on ths ground of
teihr still remaining quasi sovereign
interests, and the alternative to fore
is a suit in the United States supreme
court.
Suicide Defense to Action on In
surance Policy-The validity of the
Missouri statute (Rev. st. 1870, para
graph59S2J which excludes suicide as
a refense in suits ON life insurance
policies, unless such suicide was con
tempated at the time application was
made ior the policy, is upheld by til
United States supreme court in Whit
field and Hadley. u supreme court
reporter, 57S. 205 United States, 4S9,
81, l.. ed. S95. 1t was suggested that
the statute merely encourages sui
eide aud offors a bounty therefor, pay
able. not out of the public founds OF
the state, but out oil the funds OF the
insurance company" But the courl
says, that an insurance company is
not bound to make Il contract which
is attended by the results indicated b.,
the statutes. II it does business at
to such valid regulations as the state
may choose TO adopt.
Replevin Agaist Bankrupt After Ad-
judication-The question whether re-
plevin against bankrupt, after adju-
dication, may be maintained to recov-
er property belonging TO third per
son, where nothing has been done to
obtain possession under the bankrupt
cy proceedings, was answered affirm
atiyelly in the case OF Ayres v. Far
well, So Northeastern Reporter, 80.
The Massachusetts court held thas
he mere fact OF the adjudication was
no bar to such action under the facts
OF this case.
Compelling Competeing Telephone
the case of Billings, Nut. Telephone
| Co. V. Rocky Mountain Bell Telephone
Co.. 1855 Federal reporter, 2O7, the
court held. that, under the constitl.
| tion and statutes of the state, one tele-
phone company may compel a compel
ing company TO give connections tor
long distance service, and that the
right TO connect included the righI
TO use. The court intimated, however,
that this relief could not be grated
except under the constitution and sta
tutes referred to.
Denver, March 27.-District Attor-
ney Stidger today brought suit in the
county court against Chef of Police
Delaney for $4,000 damages. Stidger
claims that Delaney illegally arrested
IL. b. Kerr one OF the deputy sherifls
while in the act OF serving summons i'll
the Red Light district. The police a.
rested Kerr this morning and detainel
him a few hours.
There have been twenty five men
and women arrested SO far. A number
were arraigned before the Justice OF
the Peace and fined by Justice staple
ton this morning. They were given
80 days in the county jai for vagran-
cy. This sentence does not keep them
in iail until after the Nav aIection