The sun. [volume] (New York [N.Y.]) 1833-1916, 1916-04-09
NOVEL POINTS OF THE LAW.

NOIh iildn, NHltu 10 w HISN ''N'F''li
on the subject in this State. The
court held that a mother who takes
the custody of children from their
father. to whom no separate legal GUS
tody has been awarded. is not guilty
OF kidnapping. and that one acting as
a mere agent or assistant Of mother
in takins the custody Of children from
their father H. entitled to the same pro-
lection that the law accords the mother
and cannot he held to any liability
other than that Incurred by her. The
opinion concludes:
The mother. Eleanor X. Kent. and
the father. Morgan u. Kent. Jointly we're
the lawful custodians OF their children.
IL was a joint custody. Thu persons
having the lawful care or control Of
these children were Eleanor u. Kent
and Morgan u. Kent. To constitute tho
crime Of kidnapping the taking must
have been from both of these custodians:
there was no taking from them Jointly
there var no taking from the persons
having the lawful care or control of
the children. The mother was as much
entitled to the physical possession of the
children as the father. The wife and
mother has never parted with her right
W ne 'uSlouN oI THESE 'iltuIt1, anu
Il has not been taken from her by any
court decree. II therefore follows that
she did not commit The crime of Kid
mapping. and the defendant. her assist
ant in doing what she had a right Ia
do. was not indicted upon proof of any
fact constituting "a crime.
The penalty provided by the penal
law for Furnishing a parent for kidiap-
ping by Imprisonment not more than
ten years must be held not to apply to
the facts Sc, forth In this Indictment
or established upon the If
this motion. 1t Is very likely that su Il
penalty applies only to a parent from,
whom the custody Of a child has been
taken hv some appropriate decree and
who takes the child from the other par
ent or other person who has been aw-
fully awarded the care and control OF
the child"
Chief Justice ODwyer OF the city
Court holds in Schwab W.. Muller tina
y, a contract between a restaurant keeper
and several cabaret singers providing
for the employment OF the latter foi
several hours daily. Including Sundays
! violates section 2ii3 Of the penal law
! and is not enforceable. The employment
~ cabaret singers Is not such work as
IL needful to the operation OF a rcstau'
+, rant or cafe or for the good order
, health or comfort Of the community.
An "oa'h' is a solemn appeal 10 ,h'
sulnc""c htlns it "''.'a,v" va
nu.n Son'e s'.'enn' y" am '' T.
. given under an immediate sense of re
sponsibility TO God.-Stat, W. Jones
Idaho l5i Pac. 3is.
: Where defendants who hired horses
uN''""' W. nn' h"''v,''H N"Ltv -,
, .ncn' pla.,.'", VIZ "' no w." .'
e ''r .a.tt,,
,..uan 1919 ~ :" "oa ,'
'. 20 ' sm Inh,.,a
= ""' - ~, -
= '" ~
,,ir,
I az '"im.S ,mv.n ~ .,
g., So L,., ,cts.n ,h. Gam.
- ,,'r,.,t, al ,,t,h -.
1917. 90 ~, rYo, ,ha dv,,y dc,i,r,,in
. ~ a Ch,naman ir ,orn,rjsnr yi,h ma
% n,on,hc, ~ , rhri.ti,u rnro Th,
:. C.u,arnia .,or,, hc,d ,h,, NO r,vers,
hi. or.o, w.. c,nmi,,ed in admit,in,
,r EVIDENCE ,he diving decla,atlou of m,
deceased. who on being confronted witt
; ~. d.fapd,u, said yves him ma,
sho, mo" The attorue
also contendsd tina, the trial Judge err.-
H. r.fisiur 10 instruct IN. iuTv that IN
0 III " NC N" ' wv N'A y Hh''f -
d,,c,scd NIGH, have been led :. MAX
e. the declaration for tn. purpose az dniuj
Injury To a 1rml.r OF "a rival tom
with which his tong va, At war Il
connection with this ,put".tlu. the Iol
: lowing from the opinion Of chief Judg
, bartlett Of the Ne" YORK Govt "' Ny
I p,als ia tn. Rccker case i quoted
= Il have heard that in the ItlJdh tn
effect of IL 1.-THE rule adrNittiug dyirl
, declaratiousl ia tina a person mortal,
l wounded frequently makes a stdtenei
bringing all his hereditary eucuscs ON :
the scene - the time ~ his icocjv.u
his wound. thus usiSG his last opportu
nifty 10 do them an injury \ f"'m'rl
= mad" on the policy Of the rule hN
; native Of Madras shows how dinerci'l'
p such matters ar" viewed IN dfi'Hrn
parts OF the 40 id. such evidence, a
says, Ought never to j" admitted ~ aH'
g case. What .notIN" { + telling the iru''
T. c1p any man possibly ikNc Nh'h H' u
/, at the point of dttih'
. The Sew Work Ldu J"IrhHI say ina
v th" remark of the NAIVE NJ Nlinf"S 4
least indicates th"' tue "hiEht'"l Il
speak IN" truth -u me presence "i ht''s
which u AZ the tnuhuiIi"' "' 'H' dufi'S
= sih!l.tN 81 dNlng d'''% rH''''S' >h"h'' u.
l." gwen great W'Sh' s'i'r"'lN Is ~
. frCtinS persons OF 'r'''l'"l races sac
= religions, IN" '-iutorili '"NI'' H"N'''i
rr"su'ntS or al l'h'' r''uS'S ~" i"'HU''
10 the contrary NAV = ' "'''''''" ~
sess.s the mos 'hI"''''l HH''''',' Wv
u for the I'm .ssihil'Iy 81 dying "''''''