The Southern herald., 1913-07-18
Prosecutors Contract Declared
Against Public Policy.
Woman Was ErJolnsd-Verdlct Of
Lone Star State Judge Who TraV.
eled on a Railroad Pass Satls-
fled His Conscience.

Chicago.-In case before the su-
prone court Of Michigan involving
the division Of the profits Of law
partnership, 1t appeared that the plain
tihf was an attorney with an estab-
lished practice while the defendant
was a young lawyer with no expert
ence. Under an agreement by the
partners, when the plaintiff was pros
ecuting attorney he promised not to
run for Office again, but to assist the
defendant to be elected. After de-
fendant was elected 1t was agreed
that the salary Of the defendant as
prosecuting attorney should be di.
vided between the lawyers. The court
holds that such partnership contract
Is against public policy, because it
Is In effect an assignment of the earn
ed emoluments Of public office, and
Is void and unenforcible.
In support Of recent application in
the supreme court in Brooklyn by a
wife for an Injunction against another
woman to restrain her from alienat-
ing the affections of the plaintiffs hus-
band a decision of the Texas court
OF appeals was cited. This case arose
out OF a writ Of habeas corpus sued
out by a man sent to Jail for con-
tempt Of court for violating an injunc-
don prohibiting him from associating
With the plaintiffs wife. The court
upheld the injunction and laid: "The
suit was brought for damages on an al
legged partial alienation of the affec-
lions OF the plaintiffs wife, and it
was aVerred that on account OF the
past conduct Of the defendant IN that
suit plaintiff was apprehensive and
had just grounds to fear that by the
continuance thereof the wife's affec-
lions would be entirely alienated.
There would consequently be a breach
and destruction of the matrimonial
contract existing between the parties
By which plaintiff would entirely lose
the affections and services Of his
said wife. These 1t must be conceded,
were Of peculiar value to the plain.
tin; and It would seem that he would
have a right to invoke the restraining
power Of court Of equity to prevent
the utter annihilation of his wife
affections and the utter destruction OF
the marital agreement" The court
held that the ir junction did not vic.
late unlawfully the defendants right
as q citizen or unlawfully interfere
with his freedom Of speech.
A judgment rendered by a Texas
Justice Of the peace, as reported by
Law Notes, is in part as follows: "Ir
the first place am going to rule right
as l see 1t regardless of the fact thai
the plaintiff Johnson is friend o.
mine, and the railroad company has
in the past issued me pass and thai
l hope to again ride on their roat
free. There are two things eviden
from the evidence. There is a lie ou
somewhere, and a number of turkeys
were killed on the G. II. & S. A. Rail
road company's right of way. Tht
quail seen by the witnesses Aver
and Scott must have been large ones
or the chicken hens seen by the wit
ness Johnson must have been small
ones. But. be that as it may. the mum
ber Of turkeys killed were about 50
and they we're not fully grown. Again
both parties were negligent-that Is
fact. The company for allowing gras
to grow on it's right of way, and tn
pIAintif for allowing his turkeys t
run upon the railway property, a
though there is no law against tut
keys running loose. Now, If bot
the company and Mr.. Johnson were a
fault do not see how either coul
object to paying for his mistake
Therefore, the railroad will pay Nj
johnson for killing his turkeys tn
sum Of SIS, and Mr.. Johnson will pa
the costs of the suit In renderln
this judgment l have no apologies I
make and my conscience is clear, a
/ believe l have done right II hav
made a mistake have done so Vi
consciously, bat after weighing all th
evidence l feel that l am for ono
right. DO you? ]. Lttleton Tally.
P. Pre-. No. l. Gollad county. Texas