The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-01-17

The Supreme Court OF Alabama makes
v hat the New York Lac Journal calls
AN unnecessarily strict Interpretation
leading to a narrow minded and cheese
pairing decision" in the suit OF Betty vs.
state. which was suit by a Lieutenant
Colonel serving on the Governors stan to
recover his travelling expenses In attend
ing the Inauguration OF President Wilson
when directed to accompany the Gov
ernor to this ceremony. Tile Constitution
Df the state provides that officers and
men OF the militia shall not be entitled to |
pay or emoluments when not i'm active
service" and the court ruled that the at
on the Inauguration. although
by direction OF the Governor. did not con- |
4titute active service" The Lao Jour
nal SAYS:
1T is a we'll recognized custom for
Governors OF States to attend public cere-
monies at the national capital or in sister
States and to be accompanied at such
times by members OF their official stars. |
The suggestion in the opinion OF the Ala
barra court that a Governor might greatly
abuse his authority. that II his liberal
fancy should prompt II he
might carry with him a brigade, is en-
tirely beside the mark. All public au-
thority Is susceptible of abuse. but this is
no reason why the state or any OF its de-
rsrtments, should be rendered impotert
for good or treated with ridiculous par
e imony."
The supreme Court Of Mississippi holds |
in Phillips VS. Garner that che owner OF |
a monkey which escapes from its cage |
and while at liberty Injuries a person is
snswerable in damages for the injury so
inflicted.
An experienced brakeman was held neg
] igent in Williams We. Kansas City South |
ern Railway Company before the Supreme |
Court OF Missouri The testimony showed |
THAI on a dark night with nothing but a
man jumped from the pilot OF an engine
and ran between the rails to throw a
switch before the train reached II. He
stumbled over an uneven place in the
track and was injured by the train. and
the court held him negligent although
he acted upon custom OF placing trains
on sidlngs by beating them to the
switches"
one called 70 supply for term the pui-
pit OF a church in a denomination whose
pastors are ordinarily appointed By a
Bishop, and whose salary is based upon
the amount OF voluntary subscriptions
which can be collected as estimated by
the official hoard. Is held in the Washing
Church. 80 l.. +. A. (N. 81, III. not en-
titled 10 maintain an action against tho
society for the amount or subscriptions
which prove to be uncollectible.
The fact that a sand pile and mortar
box containing shaking limo covered with
sand which Is necessary for the prepara-
ton OF mortar are attractive to children
Is held In Zartner vs.. George, Sc L. II. A.
IN. s.. 12e, not TO render necessary q
fence or covering when they arc located
on private property, TO prevent injury TO
trespassing children by the hot lime,
That letters relating 10 a scheme by
which prizes OF varying amounts are TO
be given for the neatest solution OF a
simple puzzle are not within the prov-
eons of the Federal Penal Code exclud-
ing from the malls letters concerning any
lottery, gift. enterprise or similar scheme
offering prizes dependent in full or in part
upon lot or chance Is held in Eastman vs..
Armstrong Byrd Music Company. So l..
X. A On. 81, los.
A railroad company is held not negli-
gent In the Arkansas case of St. Louis.
l. NJ 6 S. r. Co. VS.. Waggoner. 80 l.. Il.
A. IN. s. 1871. in leaving an empty al
cohol barrel on the platform at destina-
ton. although It has a caution notice
upon II, II the notice was put on the pack
ago when full and Its rules did not re-
duire such notices on empty packages. 60
as TO render IL liable for injury TO n child
who removes the stopper and places
| lighted match at the vent. causing an
explosion OF gas formed from the small
| amount of liquid left in II,
In the decision OF the Supreme Court
| OF Alabama 3n Georgia Life Insurance
| peared that transfer and warehouse
| company had a number OF picnic wagons
which II hired for picnic parties, furnish
| ing the wagon, driver and horses, but
having nothing 10 do with the selection
| OF the picnic crowd. A special contract
| Of hiring was made each time, and II was
/ claimed that II hired its wagons only to
| desirable parties. but II did not appear
| that 1t ever refused to hire them to par
| ties willing 20 pay the price asked, ex-
| cept that II did not hire them 20 negroes,
| II, however had other common wagons
| which II hired 20 negroes II hired one
| OF its picnic wagons 20 persons who ar
| ranged their own party One OF the pic
| mic party, Who held n policy insuring
| him against death while a passenger in a
| public conveyance provided by a common
! carrier for passenger service, fell from
| tho Ecnic wagon and was killed. II was
| laid down in determining whether the
| transfer and warehouse company was a
| common carrier II was immaterial that
| the wagons in question were not hired TO
| negroes, as the segregation OF the races
| nnds sanction mot only in the best
| thought OF both races" but in statutes
requiring their separation. and a carrier
| discrimination against ono race, although
| In violation OF the law, cannot affect his
| relation to the public. II was held that
! such company vas not common carrier,
but was a mere private carrier for hire.
| The Green Bog says that a suit brought
by portly man against little man with
a hacking cough had gone To tho Jury at
| which time Il appeared from Tho evidence
and tho Instructions of tho court that Tho
big man mad won me case. After half
an hour the Jury was called and asked
II verdict had been reached.
mo. your Honor" replied the foreman.
I'VE only want 10 know which Is the de-
PENDANT and which is the plaintiff"
"'rho large man sitting over there Is
the plaintiff. and tho small gentleman
here liz tho defendant" replied the Judge.
Tic Jury filed back 20 the jury room.
In few minutes they signalled that they
had reached a verdict, The Judge re-
csived 1t and read:
I'VE. ths Jury ind for the man with
ths -cousumntionS ......-.......
a.