The Pensacola journal., 1908-12-17
|HEADNOTES OF
SUP RENE COURT
Many Important Cases De-
cided by Florida's High
est Tribunal.
speeiai to The Journal.

| Tallahassee, Lee. 16.-The following
decisions have been handed down by
the Florida supreme court:
In the supreme court of Florida, = en-
banc. June term, A. D., 190S.-T. c..
Hall and w. r. Bighan, plaintiffs in
error, VS.. O'NeiI Turpentine company,
8 corporation, defendant in error,
Hillsborough county. Hooker, j.
l. Courts can take judicial notice
| Df all questions relating to public
policy, inform themselves from any
accessible sources of facts bearing on
the same and apply the principle that
a contract is not void as against pub
lie policy unless it is injurious TO tae
interests of the public, or contravenes
some established interest of society
1t is the province of a court to ex
pound the law only, and not TO specu-
late upon what is best in its opinion
for the advantage of the community
2. The statute laws OF this state
do not indicate public policy with
reference to the sub-hiring of con.
victs, and give the board of state in
stitutions and county commissioners a
very extensive discretion IN all mat
ters relating to the hiring of cor
yicts, under which system the prac-
tice of sub-liring has prevailed for
several years, without objection. if
not with their express assent, under
conditions which seem to most am
ply provide for the humane treatment
and care of convicts. This practice
has been well-known to the legislat-
ure, and il has not seen fit to prevent
it by legislation, or to enounce a pub
lie policy on the subject, variant from
that which prevails. Under suc-1 cir
eumstances, and where the contract
and sub-contract omit nothing essen
tial to the humane treatment of the
convictS, and where the hirer, by sub
letting, does not undertake to exempt
himself from the responsibility as
sufned in his contract, and where the
sub-hirer binds himself 10 observe in
ali respects the terms of the original
contract we cannot say that such
sub-hiring contract is void as against
public policy.
ParkhiH. J., dissenting.
3. A demurrer is not the proper
method OF, treating a single feature OF
a declaration A motion to reform
or to strike, or objections to testi
mony in support of the Objectionable
feature, or a charge by the court 20
the jury in regard thereto, affords the
appropriate remedy.
Judgment reversed.
Glenn & Hines, for plaintiffs in er-.
ror; Sparknian & Carter, for defend
ant in error.
Married Woman Not Liable.
In the supreme court of Florida, en-
banc, June term, A. D., 190S.-Frank
T. Graham, plaintiff in error, VS.. Vir-
ginia Tucker and James E. Tucker,
her husband, defendants in error.
HiIlsborough county, Hooker, J.
A married woman, the owner of
statutory separate real estate, upon
which is located swimming pool dhd
bath houses, conducted by the huS-
band and wife as public resort, IS
sued jointly with her husband fer
damages in tort by a party who was
injured while lawfully using said
premises, ..hy his feet slipping aha
falling on his left leg upon the pro-
jecting points of planks alleged to
have been negligentiy left 1nevel
Held. that under the constitution and
laws of Florida under .he circum-
stances stated, the married woman is
not liable IN an action or tort.
Judgment affirmed
ParkniN, J., disqualified
II. s. Hampton and ". T. Martin,
for plaintiff in error; Tnouaas Palmer,
for defendants in error
Other Decisions.
J. r.. Saunders VS. s. G. Collins,
Santa Rosa county, Division B. Judge
Parkhfll Judgment reversed
H s. Williams VS. A. c. L. Rwy-