The sun. [volume] (New York [N.Y.]) 1833-1916, 1916-01-30
NOVEL POINTS OF THE LAW.

NOVEL POINTS OF THE LAW.
The New York court ~ Appeals in
People " Watson rules that IL was i'm
proper for a District Attorney in his
argument to the jury to call attention
To the undispujcd testimony Of u wit
ness Cor the people tn such II way as
to suggest tina; failure of the de-
PENDANT to take the stand and contra
dict it raised 4 presumption against
him. II was also aid dow that II is
improper for u prosecuting officer TO
make an appeal to the jury that II tn"
defendant was guilty of murder IN the
first degree there was no sense In bur
dening the state with the expense Of
maintaining him IN u penal institution.
The court said
" canuo. understand how a pros
"'uiinE officer. with amy true cuuccp-
ton "t the hign duties of his office.
""uld thu appeal To- tho jurvmeu to take
INTO account the expense uf maintaining
"A person in a penal Institution AZ u
, consideration which should weigh with
them To determining whether their Vct-
dict should he murder in the first de-
gree, which would result in the de-
%fendanj's death. or Of some lesser de.
gree Of crime. which would result IN
penal scrlitud,."
ine extent to which force may Ice
used TO rcnlove - discharged employee
from tn" premises ~ laid down by the
court of Appeals IN Noonsn ". Luther.
~ Whl'h the court SAYS that where u
domestic employed at a hotel who had
notified her employer that she Intended
u lea'" became involved in "A dispute
WIN hrr employer about her wages he
hhd the right to order her from the
premises and II. after having afforded
her a reasonable opportunity to lea We,
ana while she Was behaving in a dis
orderly manner. she refused 10 go he
h"d the rght to use reasonable force
to remove her"
The court said further:
'~pei"Hdaut had the righ' to with
draw Ia" license to the plaintif TO r,-
main on the premises, and II after
having Afforded her a reasonable oppor-
tur!ty to leave or while she was be-
hhNins IN n dlSordcrly name she re-
fused 10 go he had the right to use rca-
sonahl" force iu eject her. lie could USE
that force only for one purpose and that
was I" remove her from the premises
however violent her conduct may ave
been he could not innict Violence to her
person Tor punishment or through pas
sion. hut simply for the purpos. II re-
moving her. Therefore his intent IN
using force. which he conceded he used
u some extent, was the first thing for
him to establish In order TO Justify what
would otherwise have been AN assault.
True. his testimony on the subject
would not have been conclusive, but It
was competent
TIE frs, decision by "A higher court
-. Na..s MI. &c..
Jitn"ys has been made by the Appellate
Division, Third department.. in Public
service Commission ~. Booth, holding
constitutional law passed last wear pro-
Nld!nS that "A person operating any We
hlN!c IN a city street for hire shall be
a common carrier and required to OBJ
tain a certificate of convenience and
necessity. The court said
From the fact that between January
] and May -, 1915. l31 licenses for St
reys or similar buses were granted in
'he city or Rochester We may infer that
IL is a traffic of sudden and rapid
growth, and that somewhat similar con.
ditions exist throughout the State. These
J.'neys OF crat" upon any part of the
street ana ale not confined to a fixed
track, and Il j. evident that when they
are seeking fares in competition with
the street cars and other buses some
regulation is necessary to protect the
passengers and the public from careless
driving and Improper operation. Il Is
evident that the Legislature in passing
the statute in question had in view the
protection of the public from the dan.
gers inciden, to tho traffic. and also IN,
fact that these buses. carving pas
s-rC"rs 20. - Smal, fare. come directly
ia competition with the stree ears
~hicH can only be operated under a Ger.
t1hrtt" of CunN"rirUue and necessity and
~" REASONABLE. regulations Of ire Publ,
Se'v.," Commission.
There is no difficulty IN determining
that the LEGISLATURE. within the police
powc'. tal the right, 20 make this law
II the enactment ~ the statute was nee.
"ssary q WAS also necessary that II
should have force at once. and as to all
buses Of TINS class. The mere fac, that
a bus htI received a license from the
ely before tho enactment Of the stAtut,
mad, 10 - less dangerous to the publ,
than one which had NJ such license
There IS 40 good reason why tho statute
should apply 10 the unlicensed bus am
NOR" than to ore having a license.
"MluN circumstance exist which plact
the J.tneS lu a different class from tn.
motor r"nl''" which carries passenger,
10y the hour, or from one rNed place I,
another. Tho Jitucy. hy reasons OF its lus
fare and tn" manner II its operation
c'ui', 30 direct competition with tn,
s'lct cars. WN'.h are common carrier,
and require a, certificate ~ convenience
and nee, ~sitN. rhc jitncy. by moving
rapidly from rlt'" To- place upon either
SD" Of the street, in picking up pas.
>tnE'tS 100 competition With the sirc,'
cars 90" other jitu"ys. presents a meuac,
- - passengers and the people upon IN,