The Bridgeport evening farmer., 1912-11-07
Legal Cases o Interest

the Superior court for obtaining money under false pretenses.
 Legal Cases o Interest
 CITY MAFssHALS SUSPICION IN SUFFICIENT TO SUSTAIN CON- VICTION. For two years the vigilant city marshal had been trying to catch one Roberts with enough liquor in his possession (externa.D to justify his arr
 rest, for he believed Roberts to be "a
 blind tiger of the worst sort.' Finally one night Roberts stopped his buggy
 near a barber shop. and went into the shop. The marshal, durdng his ab- sence, being always alert, went to the buggy and commenced to search 1t. In it, under an oilc1oth, he beheld one gallon bottle filled with whisky, and another bottle with about a quart in it. Enraptured at it's sight, and prob ably glad of the much sought for Op- portunity to make an arrest of Rob- er1ts, the worst blind tiger of them all, of the law took Roberts in custody. Roberts was next tried and convicted of selling whisky, though he denied selling it, and claimed that he had given some of it away. On appeal to the Court Of Appeals of Georgia in EopGres sothsstern Rs Rporter 1S fg eonvtc Hon is reversed, the court saying: .The accused may have been, and probably was. a frayeling blind tiger;
 
 vict than suspicion or the belief of the city marshal that the accused had the whisky for an unlawful purpose. aprang the trap foo soon. The next time, with the exercise of a little more patience, they may bag the game The prohibition law encourages gener- osity. One may give, but not sell. his nefghbor whisky"
 B A R B FIR STUDENTS MAY R state of Missouri has a law which has for it's purpose the regulation of barbers. It provides for their regis 1eges at two years and prohibits stu- dents or apprentices from making any charge for their services while learn ing the trade. The constitute onalfty of this statute is assailed in Moler V. Whisnaan, 147 Southwestern Reporter, 985. In taking up this question, the that since no inbention to suppress the operation of barber shops Is ex- pressed in the title of the act, tsit will not be assumed that the General As sembly deemed the continued opera ton of such shops so dangerous to the public heaIth that it desired to present generation, and make it nec- essary for our male poSterity to shave themselves or allow their hair and drance from fonsorial artists" The court holds that the law is constitu- tiona1 in part and invalid in part. from ron a makdmg ga any oharge ]e e for re tiaeiS services while learning the trade is | declared unconstitutional. as depriv- 1 ing them of the gains of their own in- | dgBstry. But it is argued by counsel | that if students are permitted to l charge they will become active com petitors of licensed barbers Such | necessary and unavoidable incident of | III trades and professions, . Possibly some barberss like some law 7ers and other persons who have att ained successful and rennunerative positions in professional and conmer- .ia1 life, become anxious to shut out by burning the bridges seh1nd theGn,' so to speak, but such bI chene is entirely n-Amnerican be- atEse it is the policy of free conn H nonweaath to encourage thrift and in- he doo~ of opportunity ajar, so that Fl very qualified and deserving person III pIlo so desires may enter thereaa."
 STATE CANNOT BECOME A Fl IOME-MAKFsR. The Legislature of fassachUSetts presents to the Su- lon as to the constitutIona1ity of a law, the scheme of which is \ 9 cIothe a body known as the Home tead Commission with power to go nd selling real estate. The purpose f the law is to provide homes 4for - taDOF6fS, or OcAeT wage arners,'' and to improve '.the public edith by providing holmes in the more aiIly populated areas of the state ,r those who might otherwise live in -ate.,' Tine question is whether this
 a public use The court holds that le Fundamental test of the constttu- onaaity of statute requiring thet SC of public funds is whether the i, .atllte is designed to promote he pub l c interest as opposed to the further tough such advantage. to individuals tight incidentally serve the public. he court says: Buying and selling nd has always been freely exercised v all Individuals who desired. under le Constitution Proprietorship of Is own home has been one of the l / en, and widely diffused land owner-t lip has conferred stability upon the ate It is a. matter of common ; nowledge that thousands of inhabit- mechanics, Iaborera, or other wage lrners' have become, through indus y. temperance. and frugality. own = s of the homes in which they dwell. | . hese proprietors,S. however humble r ay be their houses. cannot be taxed IT the purpose of enabling the state hose temperament, environment, or albits have heretofore prevented | \ lem from attaining a like position" the law is valid upon the principle . public necessity, a con1a,lission ,uld exercise the power of eminent l 1naain, which would mean that the ynle of one wage-earner might be Lken by the power of the common lb edith for the purpose of handing it yer to another wage-earner. Quot Lg the court again: '.It may be -ged that the measure is aimed at itigating the evils of overcrowded \ nernents and unhealthy sluans These X riEs are a proper subject. for the eu- else of the police power. Through le enactment of building ordinances ,gu1ations, and inspection to hous- g and provision for light and air lies
 broad field for the suppression of ischiefs of this knd.'' For these asons, the Justices answer that such la w 1Uf1I1ld be invalid Tn r.eA Oer1iraior,