The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-07-30
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LEGAL CASES OF INTEREST,". (
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COMMON COUNCIL AS CONTINU-
GUS BODY. An ordinance confirm
ing an assessment roll for a paving
contract was adopted by the alder
men, but vetoed by the governor who
when the matter of confirmation was
again taken up, passed the ordinance
over the mayors veto. It was con
tended that the common council
could not be considered a continuous
body. AS the new board had not con
sidered II I'm the first place. they could
not reconsider it; II any action could
be taken II must be a vote on the or
iginal proposition, but the New York
Supreme Court in People VS.. City of
Buffalo, los New York Supplement,
331, held the common council a con
tinuous body and the ordinance valid.
CHASTITY AFFECTING EARNING
CAPACITY. Plaintiff, in the case of
Carlton, " ST. Louis & Suburban Ry.
Co., 1C6 Southwestern Reporter 100,
sued for injuries received while alight
ing from a car. 1t apeared that she
was unmarried, and was pregnant at
the time of the accident Her occu.
patton was that of laundress and
Ter chastity should be considered on
the question of her earning capacity
The Missouri Court of Appeals uphold
ing defendants contention, reversed
the judgment of the lower court which
held that her chastity should affect
only her credibility as a witness.
SECURED" RIGHT TO LIBERTY
~ e.. Il. I.a..N
sentations, enticed negroes to their
farms, and ept them in seryitude by
force, thus depriying them of the
rights ana privileges secured by the
Constitution of the United States. In
Smith V. United States, 157 Federal
Reporter, 721, defendants claimed
that the right to freedom involun.
tarily servitude and slavery was in.
bern or natural. and not secured by
the Constitution or laws of the United
States. but the United Circuit Court
of Appeals held that, while the right
might be inborn or natural, that fact
did not prevent its being secured
by law.
VALIDITY OF PRIMARY ELEC.
TON LAW The provision of the
North Dakota primary election law,
condition to placing their names on
the primary ballot, was held invalid
in Johnson v. Grand Forks county,
ll3 Northwestern Reporter. lG7l the
Supreme Court of North Dakota say
ing that II man whom the people
were seeking to place in Office was
either unwilling or unable to pay the
fee, the only way to render him elig
ible would be for the voters to make
the payment which would constitute
condition TO their right to vote not
contemplated by the Constitution
FOREIGN CORPORATIONS DO
ING BUSINESS IN THE STATE. The
Legislature Of Kansas in 1906 having
authorized the Governor to employ
accountants TO investigate the state
departments, he engaged foreign
corporation which, upon completion
of its work. was refused payment by
the state Treasurer on tne grounds
that the employment OF person
was contemplated by the law, and
that the company, not having com
piled with the statutes granting IL
the right to do business In the state
could not therein maintain an action
Ia Haskins a. Sells " Kelly 93 Pa.
cilic Reporter. COS, the Supreme Court
OF Kansas held that the services OF
complainant did not constitute doing
business within the state, and that the
foreign corporation law did not affect
the right OF the state 10 contract for
services to be performed for II.
FORMFp bPqNION AS PRECE.
DENT on APPEAL. The California
Supreme Court decided, in People v
Maughs, So Pscific Reporter, 1871, thc.t
Instructions in criminal cases call
ing attention to the interest OF ac-
cused, and indicating that mis- testi
mony might be looked upon with
some degree Of allowance. would be
considered. in future, ground for re
versal One Ryan had been tried, but
not heari on appeal In People v. Ryan
so Pacific Reporter S53. the couri
stated that It's holding in the Maughs
Case was applicable. as Il vas not