The Bridgeport evening farmer., 1913-04-16


 cents an hour earned as frame build CT for which payment had been re- fused. Matthews vS Industrial G<urn- Der Company, 75 Southeastern Repor- ter ITO. Defendant admitted uhat plaintiff had performed the work, but refused to pay him because he had failed to punch on that day a mechan- icaI time clock as all employees were required to do when going on and on duty. The Supreme Court of South Carolina holds that plaintiff was not bound by any rule that he had not contracted to observe or was not 1n- cident to or assumed by him in the general scope of his employment, even violated it. Having performed the work required, he was entitled to be paid.
 SUDDEN PERIL-A comment on the rule of law known as that of ''sud- den periI'' Is made in the recent case of Honea vs. St. Louis, Iron Mountain & Southern Ky Go, t151 Southwestern Reporter, 119. The Supreme Cour% of Missouri there says: "A man, in almost the twinl1ling of an eye, brought face to face with deadly peril. menacing, imminent and about to fall. Is not Coy just men) after the event to have his acts weighed as by the scales of a goldsmith, or viewed through a microscope, or dissected as by a sur geon's knife, or analysed by meta- physical splitting of hairs as by the subtle rules of a logician, or tested, as chemists do matter, by acid. The rule to Eo by in that plight ig: Put yourself in his place A court of justice, moving on common sense lines, Is not to Qufbb1e or niggle about. his conduct and with speculative dain tiness measure 1t by two or three pulse beats and construe it sourly and nar- rowIy in order to relieve a defendant who neg1igently brought a. situation about that would try the soul of any man. May A wrongfully put B in sudden peril of his life and then say to B.'s widow: Madam, your hus- band was a slow coachI He was fat witted or paricxyI He lacked a chill ed-stee1 nerveI His judgment was not cool and steady enough!'' Farther on in the opinion the following is giv- en. 'sT1rus undeserved1y afflicted with troubles and trfbulations, plaintiff spluclked the flower, safety from the nettle, danger and then lost 1t. This, tions- So her case (we borrow Moore's dgure):
 That stood the storms when waves
 were rough.
 Yet in q sunny hour fell off
 Like ships that have gone down at Hzhen heaven was all tranquility
 s.QJota bene, by way of side-step: There be those who say that poetry has no place at all in Jurisprudence or legal exposition Quoad hoo, 1t may be said: The French have saw: He who excuses himself accuses himself Not caring to fall foul Of that adage, we enter no excuse, but point to the venerable dictum of the mentor and master, Sir Edward Coke eco. I1itt. 264): The opinions of philosophers, physicians and poets are to be receiv- all n
 CEMETERY CANNOT BE SOID.- Ground was conveyed to g. town to be used as a graveyard and was dedicat- ed to the public use such. Many years thereafter, and when many dead had been buried therein, the cemetery was abandoned for a new one. The town still controlled the old cemetery, but suffered it to grow up in briers and brush, and it became in bad con dition in appearance. Later the town sold it to one Couch for S1,oo0 because 1t was no longer of any use and was g constant expense to maintain in a pre- sentable condition and had become a rendezvous for immoral purposes The case of Ritter vs. Couch, 76 South eastern Reporter. 42S, is a. suit, by one who had buried in the said graveyard many blood relatives, to enjoin Couch from removing or obliterating the graves of his relatives or the stones
  relief prayed for is granted, and the conveyance to Couch is held invalid, the Supreme Court of Appeals of West Virginia in part saying: eff relatives of blood may not defend the graves of their departed, who may? Always the human heart has rebe1led against the invasion of the cemetery precincts; ~1vays has the human mind oontem- plated the grave as the 7ast and en- during restfng-place after the strug- zles and sorrows of this world. Everything else has changed; but that sentiment remains steadfast today" Further the court says: '"The briers and weeds grew up in it. What of that7 The blackberrys flower is as sweet to thd dead as any, The weed, though so called, spreads its perfume on the desert air. They, too, are Natures tributes to the dead. Above the graves the blackberry hung
 In bloom and green it's wreath;
 And harebells swung as if they sung
 The chimes of peace beneath FUNCTIONS OF LEGAL PROFES- sTON.-Many valuable thoughts are to be found in the opinion of the Grim Ina1 Court of Appeals of Oklahoma, in Ostendorf vs. State, 12S Pacific Repor- fer 143 TO begin with, the court says: '-CounseI for appellant was evil dent1v fishing with a grabhook and sefrlfn< with a dragnet hoping that by l some lucky chance he might catch on- 1 to an unseen and unknown error, and | thereby secure the reversal of con TiGxtou-" Further on in the opinion,