The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-03-26
G C o @ c c c c @ G @ c @ c Q 0 @
. LEGAL CASES OF INTEREST. c
o C o 0 c c c @ 0 Q O G G G G G Q

Interstate Commerce IN Intoxicating
Liquors-ln Adams Express Company
VS. Commonwealth of Kentucky %
Supreme Court Reporter COG, 206 L.
S. l29, 81 l.. Ed 9S7, the United States
Supreme Court takes the position that
an agreement by local agent of en-
express company to hold for n few
days n c. o. d. interstate shipment OF
Intoxicating liquors, to suit the con-
venienee Of the consignee in paying
for such liquors, and taking it away,
does not destroy the character of the
transaction as Interstate commerce,
so as TO render the express company
Gmenable to prosecution for violating
a state local option law. This decision
Is based on the recent case of Heyman
VS.. Southern Ry. Co. 203 u. S. 270. q
Supreme Court Reporter iO4, 81 l.
ed. 49, and by it the supreme court
rcverses the decision Of the Kentucky
court Of appeals to the contrary in
q Ky. Law Rep. 1896, 81 Southwest
ern Reporter, iii.
Effect of Inyaiidity of Legislative
Apporticnment- The Kentucky court
of appeals in Adams vs. Bosworth. 102
Southwestern Reporter, SCI. an
nounces doctrine indicated in Rag
land vs.. Anderson. 100 Southwestern
Reporter. SG5. that the declaring of an
act apportioning the state into legis-
latiye and senatorial districts as in
valid because creating unequal dis.
tricts does not require that an earlier
apportionment act must also be de-
clared unconstitutional. because a also
created unequal districts. thougNm
lesser degree. AS the apportinMnent
made by the earlier law had beth ac-
cepted without question by the people
OF the state for a long period (l3 years
in this easel, the court was of the
opinion that II for no other reason.
the long acQuiescence of the public
in such nct would be a sufficient rea-
son for now refusing to declare Il I'M
constitutional
Presumption as TO Validity OF Mar
riage. The Missouri supreme court in
johnson rs st. Joseph Terminal Rail
road Company l01 Southwestern Re
porter 64l, holds that the presumption
.of innocence on the part OF parties TO
la marriage contract, which presump-
tion Is stronger than all counter pre-
sumpti0us In such cases, throws the
burden of proof ON parties denying the
validity of the marriage. even 10 the
extent of requiring such parties to
prove a negative. AS supporting cases
are cited Klein ys. Laudman, 20 Mo
259; Hunter vs.. Hunter, III Cal 26l
iS Pacific Reporter 756, 81 l.. r. A
an. 50 Am. 81. Rep. $50; Schuchart VS.
Schuchart, 81 Kan. 697 go Pacific Re
potter 3ll, so L. r. A $50, rs Am
ST Rep. s42; and Boulder VS.. Mcln
tire. ll9 Ind 57i. p Northeastern Re.
porter, s45. . Am ST. Rep. 453.
Use of Public Roads by AutOmO
biles-The constitutionality Of a law
regulating the speed of automobiles
on public roads. and requiring the "
censmg OF such conveyanoes was Ques
toned In state xs. Swagerty i01
Southwestern Reporter. 4S3 on the
ground that il was class legislation be
cause applicable only 10 automobiles;
The Missouri supreme court In decid-
ing the case was. however, of the opin'
ion that. as the law applies 10 and
affects an parties OF the same class.
il Is not vulnerable 10 the objection
raised
Street Car Advertising nhrns
VS. So Paul City Railway Company
me Northwestern Reporter fl2. the
Minnesota supreme court refused an
i6iunction sought by a newspaper pub
fisher 10 restrahN street railroad
colnnany lrosn carving advertise
menfs Ia ifs ears The court says