The Parma herald. (Parma, Idaho) 1903-1917, 1910-05-12
LEGAL INFORMATION



Il Are the sureties on the bond ~
, policeman liable for an assault com
mitted by him? This was the ouas
tion discussed by the Texas Court q,
Civil Appeals In United States Fidelitv
Guaranty Co. VS.. Jasper, 12O Soutb.
western Reporter, 1145. Judgment NV
default for the amount of the bond
was rendered by the court below
There was no allegation or moor 30
any ordinance OF the city authorlzins
suits by individuals upon such bonds
and no showing that the bond was
executed for the benefit OF individuals
injured. The Appellate Court held that
in view of these facts, no liability on
the part of the surety company was
shown, and the judgment against ~
was reversed.
A book agent sold set of Voltaire,s
works, representing them to contain
fine reading matter fit for anyone 70
read. On more thorough inspection
the purchaser declared the books Of
licentious, lasciyious and lewd char
acter, not fit to be read in any family
and refused payment on the ground
that the consideration Of the contract
was immoral. In st. Hubert Guild va
Quinn, lis New York Supplement 5So
the New York Supreme Court tbougbt
1t no part of the duty of tribunals to
exercise a censorship over literary
productions. 1t is clear that no con.
tract for the sale of a book can no
declared Illegal unless 1t violates the
law That some of the mas
sages judged by the standard of our
day, mar rather than enhance the
value OF these books can be conceded
without condemning the sale as ilIa-
gal. Courts will take the same knowI.
edge as the community at large of
matters OF literature, and cannot fail
o recognize that the genius of Vol
aire has enriched many fields NJ
knowledge. The rule against the saIe
f immoral publications cannot he In.
'oked against those works which have
zen generally recognized as literary
lassics.
In 1884 the parcel OF land known
s Boston Common was dedicated and
ct apart for the the common use of
ne inhabitants of Boston as a train.
lg field and COW pasture" In 1905
lie Legislature passed an act autbor.
ing the Boston Transit Commission
construct tunnel under a portion
It, In Goldman vs. Croker 80
ortheastern Reporter, 1T, 1t was al
ged that this would constitute a di-
'rsion of the property from the use
Tended by the dedicators, and that
'en II this were not true no right
make the subway could be acquired
thout vote of the Inhabitants of
'ston. Both OF these contentious
IRE decided against compainants by
e Supreme Judicial Court of Massa.
usetts and the bill dismissed II
IS shown that Notwithstanding the
press use indicated by the original
'trument of dedication, conditions
materially changed in the vicinity
ring the nearly three centuries that
We passed since that time, and that
} property is now not needed nor
"a Tor COW pasture nor as a train
ground In the sense originally
ltemplated. The opinion indicates
'elief on the part of the court that
not necessary that the land should
used for the specific things indi-
ed in the original dedication, but
use which is reasonably in ac-
Herewith, as modified by changed
ditions and circumstances, will not
stltute diversion. AS against the
tention of necessity for a vote by
citizens of Boston, it is held that.
outstanding the legal title is in
city, 1t holds it only as an agency
government, representing the peo-
and subject to the control of the
stature The Legislature having
lted right not in violation of the
inal dedication. the grant is valid.