Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1908-08-20
FROM THE COURT ROOMS.
Trade and Industrial Situation IL Also
Passed Up for Arbitration
GIartford CourantO

Gfartford Courant)
Is the owner Of n motor car liable
In damages for bodily harm done to a
citizen by his car when he isn't In II?
Not necessarily. says an appellate di-
vision of the supreme court of New
York, even IL at the time his chauffeur
was using the car with his express per
mission. Yes, say the dissenting JUS
ties, unless his chauffeur was using
the car clandestinely, without the
owners leave or knowledge Justice
Clarke IN delivering his mind on the
court remarked that a motor car IS no
moro Il dangerous machine In the sight
of the law than wagon or carriage
drawn by horses. at may be-" he add
cd, that II would be wise and in the
public interest that responsibility for
an accident caused by an automobile
should be affixed 20 the owner there
Of irrespective of the person driving It:
but the law docs not so provide"
Year before last a Philadelphia life
underwriting company oered to sell
a quantity OF its stock to Its policy
holders. $1,000 Of insurance emitting the
policy holders TO buy three shares of
the stock while the opportunity remained
open. The offer was plain business"
not philanthropy. William L. Walsh
promptly took out policies on the lives
of eight persons more or less closely re-
lated to him. and acquired 1G5 shares of
the stock. Two of the policies were on
the life OF an unmarried niece OF his who
very soon after became Mrs. Thomas J.
Wrinkle. and who died april %, 1907 be-
fore the year was out. Walsh collected
the insurance-ss.UO. Wrinkle, as admin
istrator. brought suit for that 5000, and
a Philadelphia Judge has ava r,led It to
him. The ground Of the decision Is that
Walsh had no insurance interest" In
the life of the young woman THE Idea
of the insured dying during the first
and only year Of the policy probably
never occurred to him. says the Judge.
THE policies Of insurance we're TO him
merely pieces of paper necessary for the
purchase of the shares within the time
limit after the issuance of the policy
The policies are wagering policies. The
company was not bound TO pay them,
as II has chosen to pay, no one else IS
entitled to stigmatize them as wagers."
In Barstow county, Georgia, w. A.
Cleveland and others received letters
from a Chattanooga whiskey house, So
hcfting their custom and enclosing price
lists of the wet gods. The public prose
cutor sized this mp as Il fiat violation of
Georgia law. The Chattanooga whiskey
men were indicted by the Barlow county
grand jury. They interpose1 demurrer.
They were q corporation engaged In In
terstate commerce, they said and had
the same right to use the United States
lie hat MOI h,,c
and individual citizens had: they could
not be deprived OF that right or obstruct-
ed In its exercise and enjoyment by any
possible Legislation on the part of
Georgia, the postal service being under
the exclusive control OF Congress. The
case went up to the Georgia court OF
appeals. which now decides that their
demurrer IS no good 1t says that the
solicitation of orders for whiskey Is a
criminal offense IN Georgia, and that In
this instance the crime was committed
Mt the place where the letters were
delivered viz, In Barlow county. THE
state may punish for a crime com
mltted through the malls as a medium"
says Justice Russell, without In any
sense impnging the undoubted right Of
the national government to control the
mails. Freedom to use the mail does
not extend to their use as a means Of
committing crime" Ultimately the su-
preme court OF the United States may
have some weighty. decisive words to say
In this Barlow county case.
In an Ohio case-Townsend vs.. Circle
vtlle-which has attracted the attention
of tho editor OF Law Notes. the Ques-
ton came up whether municipality has
the power to require an interurban rapid
transit company 10 bring It's cars to
a standstill at designated points for the
accommodation of would be passengers
The Ohio supreme court says mo" The
municipality may by ordinance regulate
the speed OF the interurban cars within
the corporate limits. hut holding them
up Is quite another matter. III every
city and village through which such a
railway passes may require It's cars to
be stopped at every street Intersection
tot take on or discharge passengers and
to serve the purpose of a street rail-
way" remarks the court. "then It's use
fulness as n msans OF interurban trans
portation may be very much limited.
because so much time will be consumed
In passing through cities and villages
that II will no longer be practicable for
many TO travel in that way. Councils
may reasonably lie expected to be actra-
ted by considerations Of local convent
ence rather than those OF the public
The legislators OF Missouri passed a
fool law making 1t misdemeanor for
civic league or any member thereof
10 publish the results of an inquiry into
tho antecedents of any candidate for
public office unless the full names and
addresses Of all persons furnishing the
Information are published at the same
time. There's more OF the law. but this
gives sufficient idea Of It. The Mist
souri, supreme court has smashed II AZ
utterly unconstitutional, "If IA publ
cation Ia neither blasphemous. o'hscApe.
| seditious. or defamatory." say the ie0vn-
sd Justices. NO court has the right