The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-03-22
NOVEL FONTS OF THE LAW.

the pardon Of third person are abso-
lutely privileged. and that even though
they are made with malice, will not
expose the applicant to an action for libel.
The court said:
I'VE are Of the opinion that the right
| guarantee to citizen by the constltu-
| tionai provision quoted above to apply
| to those invested with the power of gov
eminent for redress OF grievances. or
other purposes. by petition, address Or
remonstrances.' is Of equal dignity 70
the right to apply to a court OF Justice
! for relief: and that the same principle
OF public policy which supports the abb
solute privilege extended to judicial pro-
ceedings applies with equal force In favor
OF petitions to the Governor Of the State
for the exercise Of the pardoning power
power superior to that OF the cour,
which rendered the Judgment OF con-
viction."
Tho first decision holding a blue sky
law unconstitutional has been handed
down In the United States District Cour,
In Michigan In Alabama & ". O. Trans.
portation Company We. Doyle. which was
a suit brought to test the law OF tina.
State. The court comedies the "laudsblo
and remedial purposes Of the act. but In
endeavorlng to make It so all-ernbraclne
as they thought wise. Its craftsmen. as
| we are forced to conclude, disregarded
fundamental limitations imposed by the
Federal Constitution" The courts OBJ
5ections to the Law follow:
I'VE take judicial notice Of the COM
mon understanding that this blue sky
law was intended as u said by the
Attorney-General, to stop the sale o,
stock In iy by night concerns. visionary
oil wells. distant gold mines and other
| like fraudulent exploitations.' II Just this
intent had been carried into effect by the
act AS passed these cases would not be
here but scrutiny OF the law discloscs
! additional and very different effects. II
Is not confined to corporations. but covers
partnerships issuing and individuals deal
ing In securities: II does not relate alone
| to stocks, but as well to bonds, mort
| cages and promissory notes. II Ia not
limited to investment companies as that
term would ordinarily be defined. but ex.
| tends the definition so that II may in
! clude most Of the private corporations
and partnerships in the United States II
| does not cover fraudulent securities mere
| ~. but reaches and prohibits the sale OF
securities that are honest. valid and safe
II does not simply protect the unwary
| citizen against fraudulent misleading. but
| II prevents the experienced investor from
deliberately assisting an enterprise which
he thinks gives sufficient promise OF gain
to Offset the risk Of loss, or which. from
motives Of pride. sympathy or charity. he
Is willing to aid. Notwithstanding a prob
ability that his investment will prove un-
| profitable
A legal definition Of burglars tools Is
made by the Supreme Court OF WILSON,
sin In State W.. Bolinski, In constituting a
statute which prohibits a person from
having IN possession a machine. tool or
implement" designed for cutting through
or breaking any building room or vault.
with intent to use II In order to steal from,
any building. room or vault any money
or property.
II was held that the word tools in
cludes implements used to perform q
physical operation when directed by hand
and are movable for such operation. as
distinguished from a machine. which Is a
combination OF parts by which. when mo-
tive power Is supplied directly. or by rela-
ton TO another physical fundamentally.
some physical result will be produced. and
the term machine tool. or implement" as
SO used. includes a bottle two thirds fun
Of nltroglycerine. three pieces OF fuse.
| fitted with a decorating cap. which, when
used together might cause an explosive
force which could be used to break a
building. room or vault.
| In affirming the conviction in People
Va. Hartigan the Court OF Appeals decided
that references by the District Attorney
| In his summing up to similar cases then
pending. 10 the so-calied police system
which was behind the defendant, which
had for years been thwarting Judges.
juries and district attorneys. to the fact
that our institutions were on trial and
that the question must BE- decided whether
! the police or the law should rule. were
not proper In determining whether the
defendant had committed perjury and II
not counteracted might have tended TO
influence the fury. The court held. how
ever, that such conduct did not constitute
an error for which the court should re-
Verse the conviction, unless presented for
consideration by some ruling OF the court
and an exception.
Conspiracy against horseshoer 10 held
by the Appellate Division In People vs..
Davis to be charged sufficiently In an In
dictment setting forth that the defendant
members OF n horseshoers union threat
ened the complainant to cause strikes on
works on which the horses Of the GUS
toners were used unless the customers re-
fused to have their horses shod by the
complainant.
The Appellate Division decides In Hard
ing VS.. Conlon that In civil actions evil
dence OF the bad character OF party
may not be introduced. and especially spe-
cifc instances showing bad character.
Bench and Bar makes the following
comment on an instrument described as
the 'themisophone"
ut In said that In. the new buildings
Of the Palais de Justice In Paris an in
strument called the 'themisophone' has
been installed. by means OF which all
telephone subscribers will be enabled. for
a small fee TO hear all court proceedings
In their homes. Some OF the French news
papers express approval OF the plan. as
Vending to secure increased diligence and
impartiality. and an enlarged sense OF
responsibility on the part of the judges.
duo TO a consciousness of the fact that
the ears OF all Paris may be listening
not only to the arguments OF counsel. but
the rulings and Instructions OF the court
AZ all events this arrangement will give
counsel larger audience. so that the
innovation may be welcomed by a bar
which is rig!dly restrained from some
of the publicity methods not deemed in
excussble by the ethical standards OF
some of our American cities.
III such an arrangement were put into
operation In our courts hero one might
hear "A gunman condemned, CRATER
convicted. a rich smuggler fined. or a
Magistrate deliver himself upon the I'M
morality OF the tango by merely turn
Ing n switch New York's proposed cir
cular court house. which IL an innoyH-
ton in design. might be rendered add,-
tlona,ly novel by the 'themisophone'
Should Paris lead New York In such mat