Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-10-24
WORTH THE LAWYERS While
NOVEL POINTS INVOLVED IN
SOME RECENT DECISIONS.
Woman's Ownership of Her Photo
graph and the Landlords Rights
In His Own Property.

So many and varied have business and
personal activities become in this country
that the courts are handing down i'm
portant and sometimes precedent-setting,
decisions every day; in fact. SO fast that
no lawyer who has any sort OF a prac-
tice can keep absolutely up to date from
sheer want of time to read the cases.
A number of recent decisions touching
upon matters that are continually in the
public eye have just been collected.
A statute of New York prohibits the
use. for advertising purposes, of the por-
trait or picture of any living person with
out first obtaining his written consent, or.
if the person be minor, the consent of
his guardian. In Wyatt agt. Wanamaker.
40 New York Supplement, 800 the plain
tiff alleged minority and that the de-
PENDANT had been using her name and
portrait without permission. The defend
ant alleged that the picture had been
taken in consideration of a reduction In
price granted to professional actors under
an agreement that such pictures might
be sold by the photographer, and that the
plaintiff was known as professional
The New York supreme court held these
defenses insufficient. saying that the
statute requiring written permission could
not be evaded thus.
The Wisconsin tenement house act,
WHlCn PROVIDED IudI every teHeiIlcHt HousC
must have courts of certain dimensions
and must be equipped with the ordinary
modern improvements as to water supply
common to cities having public water and
sewer systems, and that any person vio-
lating the provisions should be subject to
fine or imprisonment, was declared I'M
constitutional in Bennett agt. Waller 1l6
Northwestern Reporter, SS5. The Wiscon-
sin supreme court held that the statute
was such that an ordinary person would
Ii l~l- 70
for tenement houses rather than take
the chances of violating the statute. and
that the effect of enforcing the penalties
would be to take property without due
process of law.
In Cunningham agt. Castle. Ill New
York Supplement, 1857. the plaintiff was
injured by an automobile which the chauf-
feur had been granted permission to use
for his own pleasure by the owner. He
recovered Judgment In the lower court,
but on appeal the New York supreme
court reversed it, on the ground that the
chauffeur was not engaged In any bust
ness of the defendant at the time of the
injury. and that the permission to use
the machine made no difference as to de-
PENDANTS liability.
The supreme court of Montana in Lind
say & Co. VS.. Montana Federation of
Labor, SO Pacific Reporter. 127, held that
the distribution of a circular urging all
laboring men and persons in sympathy
age from plaintiffs was not illegal be-
cause the plaintiffs had no property right
in the trade of any particular person, and
that although decisions exist which make
the same act lawful when done by one
person unlawful when done by several
on the theory that concerted action
amounts to conspiracy. an individual
clothed with right when acting alone
does not lose such right merely by act
ing with others, each of whom has the
lab mi
ton employs a boycott. the means of its
enforcement being legal, the courts can
not assist the persons boycotted.
A magic healer" Who claimed to cure
by placing his hands upon the part Of the
body affected by pain was arrested for
practicing medicine without a license. 1t
was held by the Georgia court of APP
peals in Bennett agt. Ware. 81 Southeast
ern Reporter. 5i6 that while he was not
practicng medicine within the statute
which provides that the words practice
medicine" shall mean to suggest. recon-
mend prescribe or direct for the use of
any person any drug, medicine. ETC., for
the cure, relief. ETC." the physician who
caused him to be prosecuted was not act
ing in bad faith SO as to be liable for
malicious prosecution.
The defendants in another case left
some large gas pipes lying In position
to be easily moved by children. In an
action to recover for the death of child
him. the cause of the accident was held
to be the act of leaving the gas pipes In
the street and was referred to by the st.
Louis court of appeals in O'Hara agt.
Laclede Gaslight Co. 10 Southwestern
Reporter. Gao, death trap for chill
dren playing upon the street" In render
ing judgment for plaintiff.
The city of Denver enacted an ordinance
authorizing certain improvements. and
which undertook to determine that all
necessary preliminary proceedings were
had as required by the city charter. The
charter makes such determination con-
elusive. Subsequently, notice that objec-
lions would be heard If filed within a
certain time. was published, but no time
or place of hearing was specified. Writ
ten objections were filed within the spec-
fed time. but no opportunity for argument
was given. The United States Supreme
Court held in Londoner agt. Denver, %
Supreme Court Reporter, 70S. that the law
making the decision of the council con-
elusive of preliminary proceedings. was
constitutional, but that. the failure to
give opportunity for oral argument rem
dered the assessment invalid.