New Britain herald., 1917-07-10

InlS IS a. natural and inherent r1Snt. any abrogation of which is declared by the act of July 27. 1868 GU. $. Comp. St. $ 3955) inconsistent with the fundamental principles of this re- public He may go abroad freely. but if when abroad he enters the military service of the foreign government where he is and there takes an oath that he will be faithful and bear true allegiance to such foreign government against all enemies will observe and ohey all orders of such government, etc. he takes on himself duties and obligations absolutely inconsistent with the duties he owes the country and government he left; for in case of war between the two countries he could not support one without being an enemy to the other. By change of mind finding such service irksome and unpleasant and by desertion from such foreign military service and sur reptitious return to the United States. he may not rehabilitate and reinstate himself as citizen of the United States. By unequivocal acts he may not eNpatriate himself one week and restore himself the next with all the rights of citizen.
 To petitioners argument that swearing allegiance to King George Is not such an oath of allegiance to a foreign state as is contemplated by the act in question: the court answers that in view of the relation of the Enshsn king to his government. an oath of allegiance to the king Is one to the kingdom and empire. And to his as- sertion that his desertion from the English army and clandestine return k&I 1,i rjf United States, and gave him the
 right of protection here as such. the court answers that, inasmuch as ms act of expa atriation was complete, he lost his status as a cttizen here. ana became an alien and can only become
 citizen again in accordance with the naturalization laws: and since ne oiu not do so, he is subject to deportatloh.. A Fiery Intent.
 Due to estranged relations with wifey, home, sweet home, seems to have become "hotbed" for poor hubby; so, fortified with fire water,
 he marched thence one day. intent upon making 1t a fiery bed' instead He thoroughly saturated one or the beds with kerosene. but got cola feet" then. and threw up the Joo. However, he was haled into court and convicted of attempt to commit arson,
 because of his felonious intent. This appeal (People V. Graham, 162 New York Supplement, 334) resulted, ana the conviction was reversed. The court held that 1t was erroneous to conVlc' the defendant of crime for haroor1ns a felonious intent. as there must oe some overt act shown in order to es- tablish an attempt.
 Frost Bite Held Accidental ln)'rs'
 The several Workmen's Compensa- ton Acts added numerous burdens to
 the courts which are kept busy with
 the interpretation of them. The case of Days V. s. Trimmer & Sons, to he found in 162 New York Supplement. 603. merits attention. The defendant retaiIs coal, delivering 1t by wagon and carrying it into the houses of his customers. Claimant was employed as helper, and 1t was his duty to as- sist the driver in care of the horses and in carrying coal. February Is, 1916. was a very cold and stormy
 day, and while claimant was engaged in his duties wearing on his hands only a pair of cheap gloves, all his fingers and toes were frostbitten. as necessary result whereof two fingers were amputated. For his general disability the commission. without considering the amputations. awarded | him compensation, and added a total | of setenty-six weeks for the injuries resultant from the amputat1on from ! which award defendant appealed The 1 New York Supreme Court, Appellate I Division. in an opinion by Judge l Lyon, holds that beyond question the | injuries sustained were accidental
 within the meaning of the Workmen's s | Compensation Law and. since the | commission determined that they
 arose out of the employment. the | awards were affirmed.
 Ground for Arrest by Conductor. In
 the case of Comisky V. Norfolk & W.
 Ky Go. ct al.. 90 Southeastern Re-
 porter, 3s5, Comisky had been em- ] ployed by the defendant company. 1 Transportation is ordinarily an inci- ! dent to such employment, and was so l claimed by plaintiff At noon of the
 day in question he quit.
 Wheeler, the foreman, informed
 Jennings, the conductor, that Con-
 isky was not entitled. as an employe,
 to passage on the return trip that
 evening With this information. Jen-
 nings demanded fare, and being re- | fused, he, in his dual capacity of con-
 servator of the peace and conductor
 of the train, arrested Comisky, for
 the sole reason of his refusal to pay | fare Plaintiff was then delivered to
 a deputy sheriff, on board, who in
 turn delivered him to be held for
 trial, which was had. and as result