The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-08-29
NOVEL POINTS OF THE LAW.

Few York Judge to take judicial notice
" the fact that q state OF war exists
n europe. Lac Notes says: 4
"A diligent explorer in the wilds OF
3orneo might. p~erchance, II he were ,
'ble 70 sr~rR the native lingo, dis
over "A poor untutored aborigine who
was still that the greatest
II the worlds conflicts IL now being
Saged in Europe. but 1t IL doubtful
+ there could he found In the United
a man. woman or child wiio has
'eached years OF understanding who IL
not thus informed. Nevertheless, to
Il New York city Judge on this
Doin, SO that a ease before him could
TO trial OF It's merits 1t re-
Gently required the production OF docu-
nents properly certified. by the State
department. at Washington to the effect
that his Goverrment 'tud been notified
" the eNistet &c OF a state OF war in
this procedure. of course. in
volving a p"rolongation of the litigation
and an Increase In the costs. A suit
was pending In which che OF the parties
pleaded that he was prevented from
CARVING out "A contract by causes for
when he was in no wise responsible, to
wit. a war between Germany. Austria
ard Turkey ON The one side and Eng
~f W. oANb o'N Vh''
pean Powers on the other. The lawyer
for the other side demanded proof or
this and the presiding Judge refusing
to take judicial cognizance OF tine fact
ordered It's production In support or
his action there seems to he one direct
authority. Dolder VS.. Lord H~urtingfield,
II Yes. 2S3. 30 Eng. Reprint 1887,
wherein Lord Eldon In 1905, without
venturing any particular reason there
for, obliged a llugant to prove that
France was at war with Austria. On
that case as a basis we also md II lsld
down as a general proposition in Wig
more on Evidence Vol. ", sec. 2o'4)'
that the external political facts OF IN
teri national affairs, as distinguished on
the one hand from the common inter-
natioral law and on the other hand
from the domestic political facts Of the
forum of the court, carnot be SAID 10
he made the subject Of judicial Icilce.
II these authorities are TO be consld-
cred as contf bling on a court the re-
suit H. the eNaltation Of a rule OF law
above the sense and reason OF the Judge
himself. the jury, the very attorney.
doubtless. who demands the proof and
In fact OF every one present AT the tllsi
BY the production OF proof OF such q
notorious fact 10 useful purpose II
$500, ', a ~, ,ha !, ,ds ~ Al.x.
ardsr po,s "ane sense md exalted
ssrso p M, half % useful as com.
mo, ..rsc. and, n requirement render,
rho admtrts,ration of the law little shor
OF ridiculous.
-
That a railroad company was negIi
gent in operating a car without a con
ductor Is held to be \ question Tor N
Jury In Koeller W. Wisconsin r., /" an.
L. company, before the supreme Coui
OF Minnesota. in which the facts wer
that the conductor left the car in que:
I tlon lust before II reached the end OF l."
J lin. and went back on another car. Th
I motorin3u. 10y means OF a mirror coul
see passengers leaving the car, but tn
! pla!ntiff suffered injuries In getting on
for which he sued. The court said
while the evidence does not show tn
duties of the conductor Of a street ca
we will take judicial notice OF what sue
duties are in general. one OF them. an
mo-, to leas, important. Is to see tina
alighting passengers are safely on ~
car before the signal to start is givei
The conductor, when he is not coll.ct!.'
fares. ordinarily stands on the rear pia'
form and knows absolutely when II
safe To null the bell to start. 1t Is pref,
clear that this accident would not ha'
happened had there been a conducit
on this car. This Is decisive on the que
ton OF proximate cause, trough not q
Inc question of negligence"
-
net aJ In, Jou.uuI .a,s IN,
u,, g.. , common FAINT. hut IL rare
- =, 80 >, has, ab,ui the comm
sion NJ , crime or 10 make, a confessio
thereof when in fact he had nothing
this form. and that II it does 1t Is the
a form 81 mental disease sufficient
v!ttatc a confession OF a crime : u
ruling OF { e supreme Court o' Nep'hSl
6i3. In this case the accused made
voluntary confession OF being a party
the murder Of ore Bahanad The 60
fession vas made to the sheriff Of OF
,,,r,v and then repeated Ia the Shcr
az an adjoining county. Defendants a
,n,n., John &. Watson OF Nehrasi
90 got nm the novel defence that q
.on,.ss,ou was yitiated by the defen
or,,s ,huorm.l tendency To boast
orin,o no never committed, and trat IN
,hrnrm,l tendency was caused by |
bari,ad tendencies. His Offer. hoNev.
e, n,o,c mis- contention. nv showing tn
10 rond,u,.s rarents were afflicted Vi
: g, Vim. dance aud ,pllepsv and that d
. r,a.r, .iso was simil- rlv afflicted a
NV, an nm. other occa sion he had 90
"s.L :, , ,rime Of murder with viii
u ~ ra, rnthirg ,n 1n was rejected
~ q" ,,nu,, an orcoun, of which r,
y tn' ,n, ,ri,l ",ur, howe,cr. the :
rs ,',r, ro,,r,aJ iudpusu, iudI
1 ''
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