The Yale expositor., 1914-01-15
DECISIONS HANDED DOWN IN
IMPORTANT CASES BY SU-
PREME COURT,
DECEMBER REPORT OF INDUS
TRIAL ACCIDENT GoARD.
Increase in Experiences of the State
Shown in Figures Compiled
Covering Past Fourteen
Years.
[5y Gurd M. Hayes.l

when the supreme court reversed the
conviction of Milton J. Daily, of Chi
cago. who was indicted by a grand
jury and convicted in the circuit court
of Jackson county for alleged bribery
of eX-warden Armstrong. Daily, who
fought extradition through the courts
of Illinois and the supreme court of
the United States, before he was final
ly brought to Michigan to face the
charges, will be given a new trial.
After Daily was convicted in the
circuit court numerous attempts were
made to secure a new trial for the
Chicago man, and finally citing 102
assignments of error, Daily's attorneys
appealed the case to the supreme
court OF this state. Daily was indict-
ed in 1909 following the sensational
exposures of the dealings of the Arm
strong administration at Jackson
prison.
The state fire marshars department
won a notable victory when the SUI
preme court sustained the constitu-
tionality of the new fire marshal law
as applied to moving picture theatres
and upheld the action of the depart
ment in ordering a second story
movie" in Detroit to close its doors.
The Jewell theatre, moving pic
ture playhouse located in the second
story of a Detroit building resisted
the attempts to the fire marshal to
close it up and in the circuit court OF
Wayne county the theatre manager
won, as It was claimed that a De-
troit ordinance gave the proprietor the
right he claimed.
This case is considered important
as many other second story theatres
will be clcoed ae ~~evit of the SUI
preme CourL runus. Local reguia-
tion is not abrogated but supplement-
ed by the state law" said Justice
Moore, who wrote the opinion. THE
Detroit ordinance does not give au-
thority for second story moving pic
ture theatres to run, neither does it
stop those that are now running. EX
perience has demonstrated that pc
culiar hazards attend the handing
and exposing of the films in giving OF
exhibitions; that the hazard 10 hui
man life tnd is increased as the
means of exit from these places are
limited Regulation, in such case. eX-
tends as well TO designating the place
where a thing may be done as to pre-
scribing the way it may be done. If
the public safety or welfare demands
that a particular business shall not
be conducted in particular place,
the legislative power may be exer-
cised to prevent it,"
Justice Moore wrote another opinion
upholding decision of the industrial
accident board which is of consider
able importance TO- the employers of
labor and the workingmen of MicSi-
gan. In the case of Mrs. Jessie B.
Glenn VS.. The Chalmers Motor Car
company, of Detroit, the industrial ac-
cident board awardedthe widow $4,000
tai death of her husband and the
Chalmers company appealed the de-
cision to the supreme court
Clem was killed in peculiar man
ner. During the process of construct
ing a building Clem decended from
the roof of a building by means of
rope but lost his hold and fell. break
ing his ueca The company contend
ed that the rope was not the regular
means OF decent and therefore denied
liability. There is nothing in the eyi-
dence to indicate that he expected
to get hurt and it cannot be said that
such an act should be characterized as
intentional and wilful misconduct
within the meaning of the act" says
the court
The supreme court affirmed the de-
cision of the St Clair circuit In the
case of Leo Curtis. fourteen-year-old
boy VS.. the Grand Trunk railway
company Curtis was awarded $3.50
damages as the result of severe burns
sustained by falling into pool of
hot water which had been discharged
from the Grand Trunk company's
shops.
Damages to the amount of $4,000
received by the Union Ice company at
Bay City against the Detroit & Macki-
nae railrotd were affirmed A build
ing containing a large amount OF ice
burned and It was claimed that
spark from a locomotive owned by
the Detroit & Mackinac caused the
fire.
-
During December reports were re-
ceived by the Industrial Accident
Board of 1867 workmen In the state
of Michigan being injured severely
enough to take them into the com
pensation period, this compared with
$50 of the same classification during
November. Twenty-six OF these in-
iuries resulted fatally. the same num-
ber Of fatal injuries as reported dur