The Bridgeport evening farmer., 1911-02-24
LEGAL CASES OF INTEREST

 l the United States Circuit Court took Jurisdiction because of diversity of citizenship is found reported in 18O Federal Reporter, SS2, under the title of Colgate vs. James T. White & Co.,, Colgate was a retired business man, | and defendants were engaged in the publica ton of series of books known as the National Cyclopedia of Ameri can Biography. In the early part of December, 1908, one of defendants representatives called on MT. Colgate to try to induce him to give some ac- count of his life for publication, and incidentally to get his subscription for a set of their books at $10 per volume. MT. Colgate was very reluc- tant to give out any information for
 the, purpose desired, but was finally !, induced to do so. Plaintiffs affi- davit went to show that the agent continually used the word National
 in referring to his publication, and
 that plaintiff used the word govern l ment'' without any correction on the
 Dart of the agent: and was4Ied into the belief that the work was subsidiz- ed or in some way recognized by the United States government and that a bill had been introduced for an ap- propriation to send copies to each am-
 bassador and consul A few days la |. office, and stated that the matter had
 been misrepresented to him, or eat least that he had had a misapprehension in regard to it, and requested that his subscription be cancelled and, his biography withdrawn Defendants refused to accede to this request, and plaintiff instituted the present suit to
 restrain the. publication and annul his subscription. The affidav:ts were very conflicting, but the court said: The well-known urgency of book agents to
 procure subscriptions under these cir
 cumstances adds to my belief that
 Gower (the agenD let the interview
 proceed after it would have been ap-
 parent to, any reasonable man that
 Colgate was acting under a misappre-
 hension and supposed that the facts
 would not be published in the usual
 kind of biography. I therefore find
 that as a fact the reasonable implica-
 tion of the conversation was that if
 Colgate would tell the facts, Gower
 would use them in biography hav-
 ing some official recognition from, the
 United States government instead or
 publ: shing the account which he was
 to get up from other sources as he
 had threatened" The court said that
 the amount in controversy being not
 susceptible of certain valuation, and
 plaintiff having alleged that it was
 worth more than S2,000 to him to keep
 the story of his life from appearing
 in such a work as defendants cyclo-
 pedia, it would not dismiss the case
 on that ground. Injunction was
 awarded against publication of the
 biography, but it was held that the
 question of the subscription for the
 books was a separate matter, over
 which the Circuit Court had no juris-
 diction.
 Suggestive Therapeutics is Prac-
 ticing Medicine-In a recent New
 York case the Supreme Court, Appel
 late Division, was presented with the
 question: Does practicing 'sugges-
 tive therapeutics'' without a license
 fall within a statute making it mis-
 demeanor for one not lawfully author
 ized to practice medicine? In the
 case entitled People vs. Mulford, 125
 New, York Supplement 6S0, it appear ed that defendant had an office, where
 he received patients, and treated them for physical ailments; that he gave no medicine, and prescribed none; that he performed no surgical operations and used no instruments; that his en- tire treatment consisted of the laying on of hands, manipulation, breathing and rubbing; and that his treatment was beneficial to his patients. nDefen- dant contended that he could do no harm, if he did no good, and he should therefore have been permitted to practice his calling without interfer- ence, and that, if the statuta includ- ed his profession, it deprived him of legal right to carry on a proper tutional. The court holds that a"sug- geStve therapeutics" is within the definition of ''practicing medicine, and that the statute is constitutienal Judge Williams, as organ Of the court, says: "A patient may often suffer as
 fNn v0r n CT remedies, or afford surgical rel ef promptly, as from making improper prescriptions, or performing unskill- full operations. A physician who holds himself out to treat patients for phys ical ills should know whether to do anything, and what to do, to relieve his patients; otherwise, he should not be permitted to practice, and impose upon the unfortunate sufferers who, like the poor, are always with. us, and many of whom need the protection of the state against quacks in and out of the profession of medicine The judgment imposing a fine of $100 was affirmed.
 Bail because of Melancholia. = A some what interesting and unusual 1 case under the heading Elk parte John | son, is found in 131 Southwestern Re porter. 316. The proceeding is for a | release on Ddll OI- OAS +OOAllIiSu III JniA under charge of murder, on the | ground that further confinement would | endanger his fife. Physicians testi- | fled that accused was suffering under | a melancholy condition caused from | worrying over his troubles, that he I was not eating anything, or, if he | had eaten he did not assimilate what | he ate. Two physicians placed on the | stand were of the opinion that under ! the circumstances the prisoners life was endangered, and that if he were subjected to further confinement he | would be in imminent danger of death The Texas Code authorizes a court to admit prisoner to bail when it appears that any species of confine- l, ment would endanger his. life. The | Court of, Criminal Appeals of Texas holds that the testimony does not make out a case under the statute. The court says: s'We know, as mat ter of fact, that it would bring about a weakened and lowered physical con- dition in any one who has led an ac- tive life to imprison him on a grave charge and accusation, removed from his associates, andshaving constantly before his mind his surroundings and environments, and that a man would not be as healthy and robust as if he were free to go and come when and where he pleased. The condition of re- ator in this case is but the condition If three-fourths of the parties con- fined in jail'' The order denying bail was affirmed.
 Impass;oned Appeal to Jury Unwar- fact that an energetic