The Bon Homme County independent. [volume] (Tabor, S.D.) 1904-1913, 1908-05-14
RECENT LEGAL DECISIONS
Of General interest.
CReported by west Publishing COD

Correction OF Birth Record. deci-
sion of Judge Dill, of the New Jersey
court OF errors and appeals In Vanderbilt
versus Mitchell. 81 Atlantic Reporter, 81,
serves admirably to illustrate that the
powers of a court NJ equity are adequate
to meet the demands made thereon by
constantly changing social conditions. In
this case II appears that a birth certifi-
cate was made by the physician present
at the birth OF q child. This certificate
set forth. among other things, the time,
the date and place OF the birth of the
child. the name OF each OF the parents.
the maiden name Of the mother. n the
name OF the child. 1t appears that In
making the certificate the physician was
imposed upon by false statements Of the
mother as to the paternity of the child
/ and certified. contrary to the fact. that
! complainant In this suit was the father
OF the child. Judge Dill holds that the
court han power TO correct the record.
Regulation Of the Practice OF Pharmacy.
"A law requiring dispensers OF drugs in
cities or towns having more than five hun
dred inhabitants to be registered phar-
macists, but only requiring such dlspen-
sers to be assistant pharmacists In towns
having less tina five hundred inhabitants,
Is by the supreme court OF Wisconsin held
10 be valid, In State versus Evans, ITO
| Reporter, Al. In upholding
the validity OF the classification the court
cited as examples OF sucn classification
the laws requiring a certain age to vote,
difference In police protection and protec-
ton against fire. impure water ana regu.
lations concerning the construction OF
sewer
Right OF Personal Privacy.-Thomas A..
! Edison, the noted inventor, is, in Edison
versus Edison Polyform Manufacturing
company, 67 Atlantic Reporter. 392, grant
ed an injunction by the New Jersey court
OF chancery to prevent the unauthorized
usa Of his name by another as q part
OF its corporate title. or, in connection with
Its business or advertisements, his picture
and his pretended certificate indorsing a
| remedy which such other is engaged In
| manufacturing. compounded according to
a formula devised by Mr.. Edison. though
he is not a business competitor.
Right OF wife to Sue For Alienation OF
Husbands Afrections-oregon, like many
other states, has a statute removing all
disabilities upon a wife which are not
imnosed or recognized as existing as to
the husband. Under this statute the SUI
preme court OF that state in Keen versus
Keen. 30 Pacific Reporter, 1f7, holds that
q wife may maintain an action for an
alienation OF her husbands affections. As
supporting authorities the court cites Pos
lewaite versus Postlewaite, I Ind. App.
az. Is Northeastern Reporter, 80; Beach
versus Brown, 20 Wash. 266. Sc Pacific Re-
porter, 46, 3 l.. r.. A. ia, 70 Am. st.
Rep. 9s. AS to the state authorities on
this proposition the court y In a
few of the states II has been ruled by
the courts OF last resort that such an
action cannot be maintained; but where
modern legislation recognizes the doctrine
that the wife has rights which the court
should respect, reason n q great weight
of authority uphold the principle that for
the loss OF consortium. which includes tho
husbands society, love and assistance,
the law now affords her an adequate rem
edy."
Constitutional Law Slavery.-South
Carolina has a law providing that any
| Iaborer working for a share OF the crop
or for wages in money or other valuable
consideration under a contract for labor
on farm land who shall receive advances
either in money or supplies, and thereafter
willfuliy and without just cause fall to
perform the reasonable service required of
him by the terms OF the contract, shall
be liable to prosecution for
and punishment by imprisonment. This
law was enacted principally to constitute
a weapon to compel especially negro farm
laborers to perform the service required
by their contracts OF employment on pain
of being sent to jan or being made mem
bers OF the chain gang. The United States
district court for the district OF South Car
olina in ex parte Drayton. 153 Federal Re-
porter, 9&6. holds this law unconstitutional.
as violating the thirteenth and fourteenth
amendments OF the federal constitution.
and as not being a valid exercise OF the
police power OF the state.
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