The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-04-18
NOVEL POINTS OF THE LAW.

supreme Court of the United States IN
the bred Scott case decided that me
9roes had no rights that the white man
was bound to respect and that this
opinion Of the chief Justice was con
CURED In by all but NO members or
the court. The editor Of the Central
Ldw journal In reply said
"Dur correspondent calls attention to
n hoaty error possibly entertained by II
great many because of persistency In
instrumentation. We had no idea.
however. that such an individual az II
spoken Of by our correspondent shared
in any such belief. Possibly 1t IL well
to try again to lay the error in Its little
bed.
"Cb.nf Justice Tanev, In his opinion
In Scott vs. Sanford. 90 How. !, e.
4o7. In stating what was public opinion.
at the lime OF the adoption OF the Com
stitution. In regard to members or the
negro race. said: They had for more
than "A century before been regarded as
beings Of an Inferior order. and alto
gether unfit to associate with the white
race. ri her IN social or political rela-
lions and so far inferior. that they
had no rights which the white man was
bound TO respect and that the negro
might Justly and lawfully he reduced to
tice was merely reci,lng what he re-
garded as history. to ascertain whether
under the Constitution a free negro.
who was a descendant OF those who were
brought here and sold as slaves. could be
considered a citizen under that constitu-
ton. The historical fact, II II was a
historical fact. was used ny the Ohief
Justice by way OF argument and In no
other way. lie concluded bred Scott
was not q citizen.
Two only OF the nine members OF
the court dissent tJustices Mclean and
Curtis). both OF whom seem in meas
ure, though not unqualiledly. to chal-
lenge MS being a fact In history what
was stated by the Ch!ef Justice to be
such That Il was decided as a legal
principle well Informed lawyers would
never assert The fact was used AZ an
alleged prevalent view In Interpretation
OF written instrument at the time II
came into existence"
Under Gen. at. 1909. I 30s2. forbid
ding killing or sale OF any diseased
animal for food. selling carcasses or the
flesh Of animals that have been slaugh-
tered In not within the statute. the
word animals as commonly used,
meaning Il living brute or beast .-State
vs.. wiglesworth. Kan. IA Pac. s3l.
Railroads being required 10 keep a
headlight. on an engine at night. teet'-
mony that n person was likely to be
blinded by meeting train with large
headlight at night. Is improper as put
ting the company in position OF being
was required to do.-Loulsvilhs & y. X.
Co vs. Shoemake's Admir-. Ky, III
:. W. 3ss.
The Criminal Lac Magazine vouches
for the following
young lawyer employed 20 defend .
culprit charged with stealing a pig re-
solved to convince the court that ne was
born to shine Accordingly he pro-
ceeded 20 deliver the following brilliant
exordlum: May II please the court
and gentlemen OF the jury. while Europe
Ia bathed In blood: while classic Greece
Is struggling for her rights and l!ber-
ties, and trampling the unhallowed
altars OF the bearded infdels to dust;
while America shines forth the brightest
orb In the political sky. with due
d.nidence rise to defend the cause Of
this humble hog thief"
Failure 90 warn . person negligently
walking beside a street car track when
there was opportunity. II warned. for
him 20 step aside Is tho prox innate
cause Of tho injury Mobile Light &
II. Co. vs.. BROOKS. Ala. Sc So. s24
An accusation under Pen Code 1910.
SOC, charging that defendant did I'M
lawfully catch FISH with net during
tho prohibited time. and not charging
the offence Of laying such nets. was not
supported BY evidence that no left nets
In the river or was shad fishing where
Il dh not appear that he actually caught
any fsh.--Kn'ght vs.. state. Ca. 50, s z,
7s7
Writing 70 tho New York Ld1 Jour.
nal IN behal. OF an appeal by Joseph II.
Choate for aid for many refugee law
yers from Belgium and northern
France. who are now IN England, cut of
from al! sources OF livelihood and means
Of income. william Renault says
THE Belgian peasant. artisan, day
laborer. mechanic. craftsman and even
the professor and doctor can md en-
ployment IN England At this time at
their various occupations the lawyer
can md none. II 10 hard for us in
America. where civil government is still
effective, 10 realize the situation OF
these European lawyers. Plunged IN a
moment by The ravnges OF war from the
peaceful practice OF their honorable pro-
fesslon into state OF practical beg
gary. lacking even food and proper
clothing both for themselves and for
those dependent upon them. they should
b. able 10 turn to their brethren o. tho
bar In America With confidence OF re
ceIylng assistance. Their m s'ortunes
ar,. nat nrnIgl u piihlir Orirfz "a ia
theatrical benefits are not given for
them. THIS apnea, by III. special com
mlttee to their American Confi.res Is
the only means adopted In this country
FOR relieving THIS distress
NAL your Subscriptions 10 Hon.
Frederick f.. Wadhams. treasurer Al
hany. y. Y. o. 20 Hon. Albert HISS
nerg, treasurer sprCla, committee, Al
bauy. y. Y. or. II YOU prefer. send II
direct to the International Law Associa-
ton. Mitre Court Buildings. Temple,
T. g.. London. England
Responsibility for the killing OF an es-
Gaping prisoner was the question before
the Court OF Appeals OF Kentucky in
Mvlrtt's Administrator vs.. burnley. in
which Il was held that whether there
MAS necessity for killing prisoner
To prevent his escape was II question for
the Jury. In an action against u sheriff
and his deputy sheriff, II appea ed that
pliluun's Interstate had been arrested
and taken from II freight train, and
there was evidence that as the train
started to pun out the prisoner struck
one OF the officers ana tried to strike
the other that h.. started To run and
the othc, ~ We're unable to keep mp with
him, and that though they fred shots