The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1908-05-15
LEGAL DECISIONS
OF General Interest.
reported by West Publishing Co.,

reported by West Publishing Coz
Correction Of Birth Record.-The 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 OF equity are adequate
to meet the demands made thereon by
constantly changing social conditions. In
this case 1t appears that a birth certih-
cate was made by the physician present
at the birth OF a 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 nader name OF the mother. and the
name of the child. 1t appears that in
making the certificate the physician was
imposed upon by false statements of tho
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 has 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 hum
dred inhabitants to be registered phar-
macists. but only requiring such dispen-
sers to be assistant pharmacists In towns
having less than five hundred inhabitants.
is by the supreme court OF Wisconsin held
TO be valid, in State versus Evans. Ito
Northwestern Reporter. 21. In unfolding
the validity of the classification the court
| cited as examples Of sucn classification
the avs requiring a certain age to vote.
difference in police protection and protec-
ton against fire. impure water and regu-
lations concerning the construction OF
sewers. - "A
Right Of Personal Privacy.-Thomas A.
! Edison. the noted inventor. Is, In Edison
......- TltoNo = Do1SrNOrvo + Mi NUT rtsNipu
company, 81 Atlantic Reporter. 1892, grant
ed an injunction by the New Jersey court
of chancery to prevent the unauthorized
use 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 q business competitor.
Right Of Wife to Sue For Alienation Of
Husbands Afections.-Ocegon. like many
other states. has q statute removing all
disabilities upon a wife which are not
| imposed or recognized as existing as to
tho husband. Under this statute the SUI
preme court OF that state In Keen versus
Keen, 30 Pacific Reporter, 147. holds that
q wife nay maintain an action for an
alienation Of her husbands affections. AS
EuDDOTClIlk dullIOI llltS lllG CoQIl CllCS IOS-
tlewaite versus Postlewaite. lind. App.
473. Is Northeastern Reporter, 80: Beach
versus Brown. % Wash. 266. IS Pacific Re-
| porter, 46, 43 L. r. A. ia. 72 Am. St.
! Rep. 50. AS to the state authorities on
| this proposition the court says: I'm a
| few Of the states 1t has been ruled by
, the courts OF last resort tina such an
! action cannot he maintained; but where
modern legislation recognizes the doctrine
that the wife has rights which the court
| should respect. reason and a great weight
Of authority uphold the principle that for
| the loss of consortium. which includes the
husbands society, love and assistance.
edy."
Constitutional Law - Slavery.-south
Carolina has a law providing that any
laborcr working for a share Of the crop
| or for al in money or other valuable
| consideration unoer q contract for labor
on farm land who shall receive advances
| either in money or supplies, and thereafter
Willfuliy and without Just cause fail to
perform the reasonable service required of
! him by the terms of the contract, shall
| be liable to prosecution for misdemeanor
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 Jail or being made mem
bers OF the chair gang. The United State
district court for the district of South Car
+! olina In ex parte Drayton. 15S Federal Re-
porter. 9S6, holds this law unconstitutional.
as violating the thirteenth and fourteenth
amendments OF the federal constitution.
and u not being a valid exercise Of the
, police power of the state.
~ 7
l Kerosene oil was first used In the