The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1910-03-18
Legal Information


While a girl passenger was on a
train she was the recipient of the
demonstrative and unconventional at
tention of the conductor thereof In
Birmingham Railway, Light & Power
Company V. Parker, so Southern Re-
porter, SIS, the complainant alleged that
the conductor had Wantonly assaulted
her by grasping her by the arm and
shoulder and by winking and smiling
at her. 1t was contended that the
count was bad in that it charged two
assaults, grasping, the first, and then
the winking. The Alabama Supreme
Court held that one assault only was
charged, and as circumstance of ag-
gravatiOn it was averred that the con-
ductor at the same time made demon
STATIONS which may well have been
offensive and shocking. They need not
be taken to constitute the assault al
legged, or even any necessary part of
it, but, if proved, gave character and
meaning to the assault; and further
stated that carriers duty was to
protect feminine passengers from OBJ
scenity, immodest conduct, or wanton
approach, which cannot be frittered
away by questions of whether the serv-
ant was acting within the scope of his
authority.
The Ohio Constitution provides
that all elections shall be by ballot
In State v. Board of Deputy State Su-
pervisors, SO Northeastern Reporter,
33, the purchase and use of voting
ground that it transgressed this pro-
vision. Cardboard ballots are attached
to the machine; they do not pass into
the custody of any voter, nor, by the
act of voting, into the control of the
officers of the election. To speak of
such cardboard as the ballot of the
Constitution is obviously paying but
mock Difference to that instrument.
However consistently with the inten-
ton of the designer the machine may
operate, and however simple it's manip-
ulation may be to those who have be-
come familiar with it, it is in contem-
plation that it shall be used by the
body of the electors, most of whom
have no knowledge whatever of it's
operation, and that from the necessi-
ties of the use but little time can be
allowed to acquire such knowledge and
understanding, one minute being the
time allowed by the statute to each
elector for that purpose. The Ohio
Supreme Court declared the use of this
voting machine unconstitutional
A Federal statute made it a Grim
inal offense to violate any rule which
should thereafter be made by the Sec
rotary of the Interior. The regulation
in question prohibited the pasturing
of stock within the forest reserves
without permit In United States
v. Grimaud, ITO Federal Reporter, 2O5,
defendant, having been arrested for
pasturing sheep within reserve, con-
tended that the statute was void be-
cause it did not define the acts to
be punished, and because it delegated
legislative power to an executive Of
ficer It did not declare the grazing
Of sheep to be crime, nor make any
reference thereto, but declared that
whatever the executive prohibited
should be punishable. There was no
way by which person examining q
statute could conclude that the act re-
ferred to was criminal. The executive
officer by the statute was allowed to
define and determine the crimes,
which. according to all the authorities,
Is a legislative affair. The United
States District Court concluded that
there could be no crime except those
created, expressly defined, and penal
lied by an act of Congress, and that
the indictment could not be sustained.
For the first two months of her mar
rfed life a bride keeps her expenses