The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-09-13
NOVEL POINTS OF THE LAW.


supreme Court of Missouri In Crouch vs.
luiglcy in which the defendant admitted
hat he had failed to keep his agreement
and had married another person. IL"
sought to- compromise the suit and prom
sod to pay $1,000 in notes and cash.
After he had paid Sl0O he refused to
give the remainder. and the plaintiff then
sued on her original breach of promise
action Her suit was dismissed on the /.
ground that SIC should have returned the ,
: 400 first he supreme Court reversed ,
the lower court ANA said
we nave carefully examined the au- /
thoriues cited by respondent IN suppor, |
Of his position that the 800 should have ,
been rendered back as u condition to the .
of this suit. They all refer I
to the well settled doctrine that before
one can either at law or In equity r"-
scind q completed transaction "u ;hr
grouuI OF fraud or deceit u" must sur
Re ndcr the advantages he has already
accepted under IL. The most of these eases
relate to the release, of claims for per
sonal damages given In consideration of
the fun paNmcut of an agreed sum I'm set
,mtut They have no bearing upon the
question before us. Her" the plaintilf is
not attempting to rcsciud contract or
To change any apparent contract relation.
An odd case involving tine dlsuar-
ment of an attorney was heard by tn"
Supreme Court Of Iowa In tn" ease OF
one Congdun, who after ne had been sus-
pendeI and then Teiustated. stirred up
unjust complaints against other attorneys
who had served ON the committee in the
proceedings against him. being actuatod
a. Il
not to protect society or remedy any
wrong. The court ruled that such con-
duct made him subject to disharmcui.
The court summed up the charge against
the lawyer az follows:
Were there but our Of these proceed
ings commencing II might be attributed
To- ignorance of the law or carclrssu"ss
in the matter Of Investigation. but with
six proceedings Of the same kind begun
on the same day lodged against attor-
ncNs only who had participated in tho ac-
ton against him. containing allegations
without support I'm fact and made with
out reasouabl" inquiry. the plea OF ig-
! norance and mattenton does not explain
nor eXCulpate the accused from the plain
Inference TO be drawn therofrOm. that In
so doing % he was guilty Of cuuusolllng
and maintaining proceedings which APP
peared to him unjust for that this was
done in malice and for the purpose OF
| revenge and not TO remedy any wrong
| or TO protect society. and In that 90 he
did advance matters not eNgcted 10y tho
| Justice Of the causes. prciud!ol3l TO the
honor and reputation Of all the parties
| falsely accused. and 90 did cucou'ug
| the commencement of these proceeding
! from motives of passion and interest
| This was IN wlFul violation 81 his du
! ties ana obligations as an attorney and
| counsellor ~ law and is specified I'm par
agruph of section a24 Of the code a'
ground for revocation Of his llc'ns" 2
practise law in this state"
The Federal bureau Of labor statistic
! has published q bulletin IN which ~
J decisions Of State ana Federal court L.
relating 70 both statute and common
/ law. are considered. many Of which 70
late 10 the workmons compensation law
of the various states. The constitution
aIity Of the laws Of New Jersey am,
! Washington on this subject was dues
I toned i'm cases coming before the Sur.. mn
Courts OF these states. the laws bciu
upheld in both instances. Discussion
that are especially important because o
the new field into which they enter al
had Of various phrases and general pro
| visions Of the laws. ms those N'lHtiug Z
| the dependence Of the claimant on tn
injured workman. injuries arising cut &
, and i'm the course Of employment. IL
, men sure Of awards Sc. \ case of speCi.
interest I'm this group Is ono which cor
, sslers that provision Of the law Of Wi
cousin which makes II the duty Of q
= | employer to provide medical treatment {,
= the injured wOrkmln--a much discuss,
% feature Of such laws and Of prime in
portance but capable Of GriSc abus
The court In this case rendercS 'Xcelle'
service I'm pointing on, some ways
which tho possible abuses may he avoidc
The bureau Of labor bulletin also r.
ports decisions constituting the Fc
: eral statute relating to the lab!Nr
Of interstate railroads for Injuries
/, their employees. the chief point involve
r being the scope Of this law. Among Il
/ employees held to be within - provision
are a brakeman getting ice to cool n
boxes on his train, a ;ruckman loading
$ detached car with Interstate freight.
y pumpman AZ a water station. a repair mn
. working on an engine tender on a sdin
. n member Of a switching crew placing
oil ear to furnish oil for fuel for an into
state locomotive, yard clerk taking 4
numbers Of the cars in an Interstate trai
. and a track repairer injured by an Init
l state train while at work on bridge
In various suits during the past We
Il the constitutionallty OF a number Of Sta
p laws was challenged. laws Of Georgia al
~ Mississippi attempting 10 provide a FOR
, of enforcement OF the contract Of cmplo
ment under certain conditions being d
e clared void. as was law of Illinois f.
' bidding the use Of emery wheels, g..
e polishing processes in Easements. withu
u reference to the actual conditions as
ventilation, and one OF Louisiana limit
the hours Of labor Of certain classes
stationary engineers. All these laws We
y held 10 attempt unjustifiahlc discrimin