The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-12-13
NOVEL POINTS OF THE LAW.

The right OF students IN New York
city educational institutions TO register
and vote at local elections Is passed on
by CITY Magistrate Joseph ". Deuel. In an
opinion finding that thirty-eight students
II theology and law schools OF the city
who we're summoned TO court prior Do the
last election had registered Illegally. The
Magistrate however. discharged each de-
tcndant In the following language:
With this determination OF the aues
;ion. and in the hope and expectation
nat IN The future boards Of election In
spccto-s will be fully instructed AS to
their duty IN matters OF this kind that
election officials Will resort to the civil
remedy IN case OF similar registration.
has been the case heretofore that the
officers In charge of the serninaries In
VOWED, rs well as all Others, viii. take
suitable steps hereafter to conserve the
Integrity under similar circumstances Of
young men committed to or under their
supervision, ] direct that each Of the de-
PENDANTS he discharged"
Magistrate Deuel's ruling as to the
steps that must be taken before students
living outside OF New York city may
register and vote liz as follows:
I'm order for a student of seminary
OF learning in this state TO change his
voting residence from some other state,
or from come other county In ths state.
TO the election distric; in which the
seminary is located. and register and vote
: thereffom. he must not only nave a pro
vious intent so to change. but such intent
must I've evidenced ny some concrete act
or acts. capable OF future verihca'on
and independent Of his student residence,
which operate in two different locali'le.
4 win opposite effects taD sever all rela-
3 ,iOns az q resident. voting and Otherwise.
In the locality whence he C'mes, 20 re-
sumo which he must comply with the
/ law applicable TO incoming strangers and
D. tbl give notice q the loCa,l'y where he
. rces 81 an intention 20 make = MS res
dcuce Tor all purposes. Tns act unon
which ne relies - ground for registering
j should antedate the election AZ wh,;h
\" " she's to vote nv AZ least IN. year IN
] ~" age OF resident of another state !.
/ four months IN case u = resident Of an
other county in this State: thirty dnvs
in case or removal OF a qualified voter
! rom one voting precinct to another In
/ 'hc same county"
Writing on the effect OF ghosts on lea so
! holds William W Ackerlv in case and
/ Comment tells of case before the Par
/ Lament Of Paris less than four centuries
ngn. II appeared that house was let N
, the suburbs Of Tours end that the tenant
being promptly disturbed by noise and
routing Of invisible spirits which suffered
! %
nights" promptly went 70 law The
| lower court broke the lease. the haurtinRS
being considered iusupportable uuisanccs
Rut this he did without letters royal. and
N, l.ssors appealed on the formal point
Then the ghost was in for Il. The
| learned counsel for the lessons laughed 1T
the very idea OF noisy spirits. and cited
loar Of Ar, and quoted from Plato. Ph'lo
Judpus Emp docles. Marcus Aure.uus.
( T.r'ulilan. ouiNtllian and Diosco-ides. a.
drti-ghost authorities. He concluded that
tho tenant and hts family we're suffering
from nightmare. and suggested that they
| should consult a physician and rot u so
| .citor or. granting mat 'h- ho,lS" vas
| haunted that they should appeal 20 the
clergy. ana not 20 the law Naturally the
tenants advocate I'D not appreciate hts
adversary's sense OF humor. and tJld him
so. lie, too. called upon the anCi.uts for
assistance. citing p'iny. P,utArch Sueto-
mus, Ovid. the Fathers. and whom else
do you suppose? Why. none Other than
tho sclf-sane plato whom his adversary
had quoted - c.ibv to the contrary Oh
viously that rhiiosophic one, liko many %
our courts. either overlooked. or found
GOOD reason for overriding, "a former de-
cson OF else he was an equitable soul
and wished to satisfy both parties! ANY
way. however. Il seems that the lower
court was reversed and the poor tenant,
~ course had TO endure hts unvelromc
''lrI.'ilI, or PAY ''' lN'. ''F'n : t'N' anu
vasat".
The supreme Cou-, OF VI, ntara has de-
cidrd In re- ,;tlls that In cases In which
the militia Is called out hy tnc Governor
to put down An irsurrcCtlon tho military
Operates as - mai'r police for the restorI-
;ipu uf order and may arr, II dlsturbcrs
and hold them until the usurrccton IS
isuppress,d hcior, turning them over TO the
civU authorities The court ruled that Il
j. violation OF the hin Of rights for mil
.fttrN authorities TO Try civilian offenders
by court martial, even thouph state 90
4 lnsurI. elton exists. Tn" court set aside
%, Nm" and Jail sentence iurppScd on o.
Tenders by major - militia who had
st mp certain urinary court for the
trial If prisoner. The court, however
did not order the release of the defen'
dautS. hut directed hat they be held until
> they could hc turucd over 10 the civ
, authorities.
The New York Lar Journal comments
ION the case OF Melton ". Commonweal' q
l. fore the Clur, # Appeals of Kentucky
tu wnsch 1t was held that where a phys
o ,ltu consumed with certain ATTORNEYS .f
ohs'ruct justice 10y inducing = 10 institute
suii for injuries alleged 20 nave he"r
. Sustained IN collision Win vehicle
dr'Vsu by defendants servant. when u
p faC' 10 injury whatever resulted from tf'
/ tp4l.Slrl, hli lltt physician y tN'N WIZ
lWhol,y accomplished before any suit " Is
Instituted, he was not guii,N OF a con-
tempt ~ court. attn ugh Ne was guilty OF
the common law mIsdcm amor of opstruc:-
q ing Justice kentucky has no statute de
i Scrhuc particularly what constitutes
: c.u,emp,, although tn" punishment foi
p contempt has been regulated by tho Legs
: laturc In The elaborate prey5lilnS
- opinion the seriousness. indeed IA,
-, eDorn'ity, of the defendants ac. IN con
spring with others for IN" recovery
s. through legal proceedings of hctit oui
" claim is recognized. In 'hc aNuos
,nqually elaborate dissenting opinion IL Il
argued tina an adjudication 90 "'ntewN
q Is necessary fo~ public protection uuia
tho circumstances disgl SEED and B; "a
further coutendcd that the authority (,
, proceed as for q contempt would hav
existed under The ancient common Law
uf England
V In case OF negligence due 20 M
" absence OF a guard rail Justice Lamn
u of the Supreme Court OF Missouri make
:, the following e mment on guard rails
" THAT the absence 80 a guard or raj