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Gribben, In re (Okla.) Municipal Corporation City

Ordinance-Street Parade, R. D. 448.

Groth v. Groth (Ill.) Right of Husband to Alimony,

Ed. 279.

Gulf, C. & S. F. Ry. Co. v. Ellis (U. S. S. C.) Validity of
State Statute Providing for Penalty of Attorneys'
Fees to be Paid by Railroad Companies in Case of
Failure to Settle Damages, Ed. 219.

Hale v. Hollon (Tex.) Conveyance - Expectant Inter-
est-Validity-Ancestor's Assent, ann. case, 326.
Harper v. Clayton (Md.) Creditors' Bill When Lies-
Unassigned Right of Dower, ann. case, 97.
Heaton v. Eldridge (Ohio) Contracts-Interpretation
-Enforcement-Statute of Frauds, R. D. 422.

Hennig v. Staed (Mo.) Validity of Statute Making

Debts Due for Labor Preferred Claims against Prop-

erty of Employer, Ed. 485.

Herd v. Catron (Tenn.) Will-Conditions in Restraint

of Marriage, R. D. 3.

Hess v. Preferred Masonic Mut. Acc. Assoc. (Mich.)

Accident Insurance Accidental Injuries-Disease

-Hazardous Occupations, R. D. 359,

Hoefler v. Hoefler (N. Y.) Divorce-Alimony.
venting Enforcement of Decree, R. D. 221.
Holbrook v. Aldrich (Mass.) Negligence - Injury to
Minor, R. D. 302.

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nations-Rival Conventions-Agreements of Candi-
dates, R. D. 220.

Pocker v. Pocker (Pa.) Wills-Validity, R. D. 202.
Pugh v. Chesapeake & O. Ry. Co. (Ky.) Negligence-
Concurring Negligence-Joint and Separate Liabil.
ity, R. D. 404.

Reed v. West. Union Tel. Co. (Mo.) Recent Telegraph

Company Litigation-Cipher Messages-Negligence

-Proximate Cause, R. D. 71.

Reese v. Bates (Va.) Sale-Warranty of Agent-Liabil
ity of Principal-Usage and Custom, R. D. 405.
Reynolds v. Jones (Ark.) Pleadings-Action-Splitting
of Claim-Bar, ann. case, 306.

Rhodes v. Missouri Savings and Loan Co. (Ill.) Power

of Building Association to Issue "Paid up Stock,"

Ed. 115.

Robertson v. United States (U. S. 8. C.) Enforcement

of Maritime Contracts, Ed. 133.

Rogers v. Raines (Ky.) Contracts-Conflict of Laws-

Comity Between States-Credits on Building and

Loan Notes, R. D. 203.

Rowe v. United States (U. S. S. C.) Law of Self-defense,

and Duty to Retreat, Ed. 69.

St. Louis & S. F. Ry. Co. v. Matthews (U. S. S. C.)

Statutory Liability of Railroad Companies for Fires

Caused by Locomotive, Ed. 239.

San Antonio St. Ry. Co. v. State (Tex.) Mandamus-

Street Railway-Failure to Operate Lines, R. D.

466.

Sanford v. Poe (U. S. S. C.) Validity of State Taxation

of Property of Express Companies, Ed. 279.

Sattley, In re (Mo.) Criminal Liability of Bankers for

Receiving Deposits when Insolvent, Ed. 153.

Scheffer v. Willoughby (Ill.) Negligence-Restaurant

Keeper-Burden of Proof, R. D. 50.

Scott v. Donald (U. S. S. C.) Validity of South Carolina

Liquor Dispensary Law, Ed. 173.

Sentell v. New Orleans & C. R. Co. (U. S. S. C.) Animals

-Property in Dogs-Police Power, R. D. 506.

Sheehan v. St. Paul & D. Ry. Co. (U. S. C. C. of App.,

Seventh Circuit) Railroad Company-Liability to

Trespassers on Track, R. D. 50.

Public Nuisance-Prevention of Crime, ann. case,

162.

State v. Van Wye (Mo.) Criminal Law-Scandalous

Publication-Freedom of the Press, R. D. 134.

State v. Wood (N. J.) Torts-Joinder of Actions-Ani.
mals, R. D. 241.

Stebbins v. Morris (Mont.) Husband and Wife-Agree-
ment for Separation-Validity, ann. case, 208.

Stranahan Bros. Catering Co. v. Coit (Ohio) Master

and Servant-Malicious Act of Servant-Liability of

Master-Injury to Third Persons-Damages, ann.

case, 140.

Taylor v. Travelers' Ins. Co. (Tex.) Life Insurance-
Insurable Interest-Intended Wife, R. D. 301.

Taylor v. Wabash R. R. Co. (Mo.) Carriers of Passen-

gers-Failure to Heat Cars-Damages, R. D. 154.

The Bath Gas Light Co. v. Claffy (N. Y.) Corporation-

Enforcement of Ultra Vires Contracts, R. D. 154.

The Commercial Travelers' Mut. Acc. Assoc. v. Ful-

ton (U. S. C. C. of App., Second Circuit) Accident

Insurance-Accidental Injuries-Disease-Hazard.

ous Occupations, R. D. 359.

The Majestic (U. S. S. C.) Invalidity of Notices or

Memoranda on Passenger Tickets or Bills of Lad-

ing, Ed. 421.

The Queen v. Lillyman (Eng.) Criminal Law-Rape-

Complaint-Evidence, R. D. 154.

Tippett v. State (Tex.) Witness-Examination-Sus-

taining Credit of Impeached Witness, R. D. 261.

Travelers' Ins. Co. v. Selden (U. S. C. C. of App.,

Fourth Circuit) Accident Insurance-"Bodily In-

firmities"-Apoplexy, R. D. 300.

Trebilcock v. Big Missouri Mining Co. (8. Dak.) In-
solvent Corporation-Mortgage to President-At-
tachment, R. D. 70.

United States v. Trans-Missouri Freight Assn. (U. S. S.

C.) Validity of the Sherman Anti-trust Law as Ap-

plied to Railroad Pooling Agreements, Ed. 319.

Vandercock Co. v. The State (U. S. C. C., S. Car.) Ship-

ment of Liquor into State in Derogation of the

Dispensary Law, Ed. 505.

Wabash R. Co. v. Jones (Ill.) Railroad Companies-
Injuries to Trespassers, ann. case, 10.

Walker v. John Hancock Mut. Life Ins. Co. (Mass.)
Insurance Policy-Construction - Time Computa-
tion, R. D. 90.

Walling v. Commonwealth (Ky.) Jurisdictional Local-
ity of the Crime of Homicide, Ed. 359.
Warner v. Texas & P. Ry. Co. (U. S. S. C.) Statute of
Frauds-Contract not to be Performed in a Year-
Grant of an Easement in Realty, ann. case, 74.
Weber v. Shay (Ohio) Contract-Attorney and Client-
Public Policy, R. D. 340.

Wierman v. International Loan & Investment Union

(Ill.) Power of Building Association to Issue "Paid

up Stock," Ed. 115.

Woodall v. Streeter (Tex.) Principal and Surety-Ex-

tension of Note-Consideration-Release of Surety,

R. D. 340.

Yale v. Curtiss (N. Y.) Suits for Breach of Promise of
Marriage, Ed. 240.

Zackery v. Mobile & O. R. Co. (Miss.) Carriers of Pas-
sengers-Rejection of Passenger, R. D. 280.

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Central Law Journal.

ST. LOUIS, MO., JANUARY 1, 1897.

With this issue the CENTRAL LAW JOURNAL enters upon the twenty-fourth year of its existence. In addition to this reminder it might be appropriate to say something by way of retrospect of the past and assurances for the future. Whether we have rendered a real service to our patrons, we will not, in the excess of modesty, undertake to say. We point with pride, however, to the rapid and steady increase in the number of our subscribers and to the many kind words which continually come to us from them. We have aimed to make this publication a practical law newspaper in the broades sense rather than a critical review in the philosophical sense. Its uninterrupted and continued success convinces us that we have not, in this regard at least, mistaken the wants of our friends. In the future, as in the past, we shall endeavor to keep our readers advised of all the important cases decided in the courts of this country from time to time and to supply them with what are, in effect, briefs on questions of live legal interest. With this, we extend to our friends thanks for their generous support, and a cordial New Year greeting..

The case of Holden v. Hardy, 46 Pac. Rep. 756, 1ecently decided by the Supreme Court of Utah has attracted wide attention because of the universal interest of the subject involved. The constitution of Utah contains an article expressly regulating the relations between employers and laborers which reads as follows: "Sec. 6. Eight hours shall constitute a day's work on all works or undertakings carried on or aided by the State, county or municipal governments; and the legislature shall pass laws to provide for the health and safety of employees in factories, smelters and mines." The holding of the court was that a statute of that State providing that "the period of employment of workingmen in all underground mines shall be eight hours per day, except in case of emergency, where life or property is in imminent danger," and constituting it a misdemeanor to employ a person for a longer

period per day in such work, is constitutional. The court besides relying upon the constitutional provision above quoted, dis cussed the question before it on general principles of constitutional law, and held that the statute was not objectionable under any provision of the federal constitution. The decision of the Supreme Court of the United States in Soon Hing v. Crowley, 113 U. S. 703, is closely in point. In that case, it appeared that "an ordinance of the city and county of San Francisco prohibited the washing and ironing of clothes in public laundries and washhouses within certain prescribed limits of the city and county from 10 o'clock at night until 6 o'clock on the morning of the following day; and one Soon Hing was fined and imprisoned for a violation of it, and he petitioned for a writ of habeas corpus on the ground that the ordinance was void, because it discriminated between the class of laborers engaged in the laundry business and those engaged in other kinds of business; that it discriminated between laborers beyond the designated limits and those within them; that it deprived the petitioner of the right to labor, and, as a necessary consequence, of the right to acquire property, and that the board had no power to pass it. The writ was denied by the lower court, and the judgment was brought before the Supreme Court of the United States, and affirmed by that court. Among other things that court said in its opinion: "The specific regulations for one kind of business, which may be necessary for the protection of the public, can never be the just ground of complaint because like restrictions are not imposed upon other business of a different kind. The discriminations which are open to objection are those where persons engaged in the same business are subject to different restrictions, or are held entitled to different privileges under the same conditions. It is only then that the discriminations can be said to impair that equal right which all can claim in the enforcement of the laws. Soon Hing v. Crowley, 113 U. S. 703, 5 Sup. Ct. Rep. 730; Barbier v. Connolly, 113 U. S. 27, 5 Sup. Ct. Rep. 357.”

The New York Law Journal makes the point that the Utah decision is distinguishable "from the Sunday closing laws for barber

shops, which have been declared unconstitutional in several States of the Union, because there is no apparent reason from which the courts could infer that the legislatures acted legitimately in discriminating between the trade of a barber and that of other trades in general. Laws that arbitrarily discriminate in favor of or against members of a trade or calling, as such, amount substantially to class legislation. Especially is this so where, as in the barber shop law in New York, arbitrary sub-distinctions were made, allowing barbers to practice their trade on Sunday in some places, but not in others. On the other hand, laws that make special regulations for a certain trade, because of its patent peculiar circumstances or dangers, are, if reasonable, constitutional exercises of police power. See also Com. v. Hamilton Mfg. Co., 120 Mass. 383."

NOTES OF RECENT DECISIONS.

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INJUNCTION - NUISANCE PUBLIC USES OF REMEDY.-A recent opinion by the Court of Civil Appeals of Texas (State v. Patterson, 37 S. W. Rep. 478), is an interesting contribution to the discussion of the proper scope and limitations of the remedy of injunction for public benefit. It was held that where' the State, through its proper officer, seeks the jurisdiction of a court of equity to abate by injunction a public nuisance, it must show that such nuisance is an injury to the property or civil rights of the public at large, which it is its duty, as the agent of the public, to pre

vent.

The particular point decided was that the fact that a law against gambling is not actually observed or enforced constitutes no ground for the interposition of a court of equity to restrain the keeping of a common gambling house. It would seem that this decision is sound in principle.

INSOLVENT CORPORATIONS-PREFERENCE TO OFFICERS ASSETS AS A TRUST FUND.-A new case on the controverted question as to how far assets of a corporation constitute a trust fund for the benefit of creditors, is Childs v. N. P. Carlstein Co., 76 Fed. Rep. 86 decided by the United States Circuit Court, Eastern District of Michigan. The court reviews all the authorities on the subject, and comes to

the conclusion that the assets of a corporation do not constitute a trust fund for the benefit of its creditors in such a sense that any disposition thereof to secure an antecedent indebtedness in favor of one or more of its officers, though made while the corporation is still a going concern, and its officers still have hopes of continuing business, may be set aside at the instance of creditors, and that the fact that one is president of a corporation is not ground for depriving him of the right to enforce securities which he holds for the payment of his just claims against the company.

CRIMINAL LAW-EVIDENCE-PHYSICAL EXHIBITS AND EXPERIMENTS TO ESTABLISH IDENTITY. In Johnson v. State, 35 Atl. Rep. 787, it was held, among other points, that impressions of footprints made in a box of sand with a boot worn by the prisoner may be exhibited by the State to witnesses who had seen certain footprints near the body of a murdered person, for the purpose of comparison. The court considered that it was plainly competent for the witnesses who had seen the footprints to describe them to the jury-their dimensions, their shape, their peculiarities. For the purpose of such description, a photograph or a drawing could have been referred to. In the present instance the witnesses made a comparison of the real footprints as seen by them with the artificial prints made by the boots, which latter were undoubtedly genuine. The question was one of identity, and in such cases all that a witness can do is to express his opinion, and such expression of opinion, in this class of cases, is plainly admissible. The subject has been under judicial consideration on various occasions, and the rule as stated has been very generally applied. Thus, in Com. v. Dorsey, 103 Mass. 412, on a trial for murder, the testimony of persons not experts was held admissible to the effect that hairs on a club appeared to the naked eye to be human hairs, and resembled the hair of the deceased. Many decisions can be found to the same effect. See People v. Gardner, 144 N. Y. 119, where the New York Court of Appeals held that no error was committed by the trial judge in directing that the defendant be forcibly compelled to stand up for the purpose of identification by a witness for the prosecu‣ tion.

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