The Birmingham age-herald., 1914-11-09
LAW CASES OF INTEREST
 DECIDED BY THE COURTS

discussing the ordinance. said. among other things: "If the board of alder men Is thereby authorized to make this restriction, a bare majority of the board could, if they may deem 1t wise and proper require republicans to live on certain streets, and democrats on oth- CTS, or that Protestants shall reside only in certain parts of the town, and Catholics in another. or that Germans or people of German descent should reside only where they were in the majority, and that Irish and those Of Irish descent should dwell only in cer- tain localities designated for them by the arbitrary judgment and permis- sion of majority of the aldermen.
 They could apply the restriction as well to business occupations as to res idences, and could prescribe the locali- ties allotted to each class of people without reference to whether the ma jority already therein Is of the pro- scribed race, nationality, or political or religious faith" The judgment was reversed and the prosecution dismissed. SPLITTING FEES BY PHYSICIANS. Where a person requiring surgical operation is treated by the family phy- sician, and the operation is performed by another physician assisted by the family physician, can the latter act
 
 pay from both parties without the Knowledge of the patient? The su- preme court of Michigan in McNair vs. Parr 143 Northwestern Reporter, 42, holds that any tacit understanding or agreement between the two doctors for 1 division of fees would be against pub ] lie policy and void, and that the pa tient. in an action by the operating physician for his fees has a right to
 show that plaintiff has charged an
 Unreasonable sum for his services in
 order to divide the fees with the fam l fly physician.
 l WAS SHE A PERFECT LADY? Bes- sic Moore of North Carolina was
 charged with disorderly conduct, "in | that she did curse upon the streets.' V Having given a bond for her appear | lance for breach of some local ordi- nance, she was stepping into her bug lgy, when. cautioned by detaining | policeman not to drive through the town, she shocked him by saying she would drive 'where she damned | please" The supreme court of North Carolina in State vs. Moore, S1 South ca stern Reporter, 693, very diplomat1-
 cally frees her from the charge We | will not venture to enter upon any lcasuistical discussion of the question whether the word damn is profanity l
 not require 1t. The speech of the de- fendant was not nice or refined, but
 this does not of itself render 1t crimi-
 nal. Disorderly conduct Is species
 of nuisance, and it may be viola ton of the ordinance without neces- sarily being indictable at common law, | as it Is a minor offense below the grade | of a misdemeanor and not known 10
 the law as separate and distinct crime except as made so by statute or
 municipal ordinance. Conduct can hard : ly be described as disorderly unless 1t 1 tends in some degree to disturb the
 peace or good order of the town or has
 vicious or injurious tendency.
 The defendant expressed her displeas-
 ure or futile indignation little too
 strongly, and should not have used
 so indecorous an expletive in doing so,
 but 1t did not reach beyond the ears
 of the policeman and hardly made a ripple on the placid surface of the mu- oicina1 peace. The evidence did not
 correspond with the allegation nor tend to support 1t, nor was there a preacn of the ordinance as is set forth Tn the affidavit"