Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1908-02-08
RECENT LEGAL DECISIONS
From the West Publishing co
OF General Interest.


TRAINED NURSE NOT A SERVANT
A trained nurse performing her usual
duties. and exercising the skill which is
the result OF training In her profession.
does not. according to The decision OF
the United States circuit court for The
District OF Rhode Island IN Parkes vs..
Seasongood, 1872 Federal Reporter. 5s3.
come Within The definition Of "A Servant 4"
but rather Is one who renders personal
services to an employer iu AN indcpe ndent
calling
TAXATION or NOTE OF NON RESI-
DENT-A ucrpleNing and novel question
relating To the taxing power Of a state
was decided by the United States supreme
court IN Buck VS. Beach, q Supreme Court
Reporter 5l2. O6 t. 5 &92 81 l.. Ed --
In this case :, appears that resident OF
New York had made loans to residents OF
Ohio ON notes given and payable IN Ohio
and secured 10y mortgages ON land IN the
later state. The payee OF the notes had
an agent in Ohio to look after his inter-
ests there, ana another I'm Indiana 20 take
charge OF his investments in that state.
For some reason Il appears that the notes
given and payable I'm Ohio were for d con-
siderable length of time kept in the pos
session Of the Indiana agent. While
the notes were Ia the possession
Of this agent the Indiana author
itieS assessed them for taxation and at
tempted 10 collect taxes thereon. prin-
cipally on the ground that the notes were
! transferred from the Ohio agency 20 the
Indiana agency IN order 20 escape taxa
tion IN Ohio. But the court denies the
right OF Indiana 10 collect taxes on such
notes, Mr. Justice Day, however Ming q
dissenting opinion.
LICENSING DRUMMERS SELLING
INTOXICATING LIQUORS The right of
a state 10 impose license tax on the bus
mess OF selling intoxicating liquors with
in the state 10y travelling statesmen, who
solicit orders for wholesale houses i'm their
state. Is upheld by the United States SUI
preme court, iu Dalameter W. South Da-
kota q Supreme Court Reporter Az The
rcgula ticn 10y a state OF the business car
ried on within its borders 10 solicit pro-
posals 10 sell Intoxicating liquors even
! though such liquors are situated IN other
states, cannot be held % bc rcpuenant 10
the commerce clause Of The constitution
because directly or Indirectly burdening
he right 60 sell lu tho stase-a right
which by Nirtu, Of The Wilson act does no,
exist
ABSENCE OF ATTORNEY FROM
COT RI AS CONTEAlPT.-Th -; Louis
court OF appeals in the ease OF In r.
/ Clark lU5 Southwestern Reporter. llO5
holds thar the absence OF an attorney from
the court IN which he has business and
whcr be should bc there to attend 10 g.
ana when his absence delays or impedes
the cGur, business, constitutes CON
/ tempt Df Cour. An attorney at law is an
officer Oi the court, and u if as muCh in
CUmhe2, on him 20 attend the sittings OF
The cgurt when case IN which he is OF
| counsel IS on ;r.ul and which trial cannot
proceed iu his absence, as Il is for tht
sheriff Or the CLERK OF the court 30 be pres
cnt
SUMMARY DESTRI- -CTION OF NOX-
lOlS HOGS In order to protect the
lcNecs IN the Desha Levec district against
The vru known rroclivities of hogs tC
1905, and TINS weaken the lcvees. the Ar
kansas legislature has provided for the
summary destruction OF hogs running
az large on such ieyees This law is IN
Ross rs. Desha Levee Board. lG3 South
western Reporter $50, by the Arkansas
supreme court, held 10 lac a valid exer-
else a the police power OF the state Tht
cour. says: The state where II has the
power 90 provide for destruction Of prop
crty, may authorize this To be done sum
mariiy in cases where the property Is OF
10 great value and the emergency IN such
as not 10 admit or delay
VALIDITY OF A LEASE TO a MO
NOPLN According 10 ;he decision Of the
New York supreme court in BROOKLYN Dis.
| tilling Company VS.. Standard DisiillinQ a.
Distributing Company, l05 New York Sup
plement. 264, the New York anti-trus,
law does not invalidate "A lease Of a dis
tilleTy To i corporation organized to create
a monopoly IN the Manufacture and sale
pf alcoholic and spirItuous liquors even
though the lessor knew that the motive
of the Iesseo in taking the lease was to
create monopoly. The court takes the
position that the law does not prevent a
person from buying or leasing property
In furtberance Of the creation OF "A mo
nopoly The controlling point with the
court was that the lessor did not in any
way become a party to the Illegal Comh-
na.iou or participate TO any extent in the
fcheme TO avoid the law