monly, it is said that all of the lawmaking power of the nation is vested in congress. On the contrary, while the congress is the only titular lawmaker, yet, practically and actually, the president and the judges have a large share in making the national laws.

The president is now, and always has been the chief suggestor of new laws. He alone, under his oath is bound to "recommend" new legislation; and from the nature of his duties and his relations to the great executive departments he is the best fitted person in the country so to recommend. His signature is required to validate every law, except in cases of overruled veto, or failure to sign promptly. An examination of all the statutes of the United States discloses the fact that all except a minute fraction showed by a president's signature his active participation in its enactment. Besides this, an act rarely takes effect until duly proclaimed by the president.

But after the proclamation, and the law becomes active, the courts have their day with it. They may, in some "case" "construe" or "interpret" the law, either to life or death. They may decide it "according to the length of the chancellor's foot." They may uphold it or cast it down. They too have a "veto." Usually when one hears an "eloquent" congressman attack the president for encroachment upon legislative powers, he may be sure that the charge is made for ulterior purposes. It is the president's duty to recommend, and it would be a sad reflection upon the judgment and sincerity of any president who should laboriously study a subject, and then confine his "recommendation" to a merely suggestive message. If he were sincere in the recommendation, and had a manly nature he would use all proper means of seeing that his recommendation was properly considered. The responsibility of approving or rejecting the president's suggestions would be entirely in the congress. Every congressman deems it permissible to influence the president; has not the president an equal right to influence the congressman? Both are right in this view, so long as the influence is for the true interests of the nation, or so appears, conscientiously to the person who tries to influence.

The senate and the house seem to have established a "scolding committee" composed of those (and there are enough for a small committee) who delight to devise speeches against members of the judicial and executive departments whenever in the conscientious exercise of their lawful powers they differ with the congressional view. Where lines of demarkation are vague, some overstepping must occur, but why "dispute about trifles unless there be nothing else to dispute about." The three departments together form the national government, they should rather aim each to strengthen the other, and so best add to the peace and honor, strength and welfare of the whole people. No serious overstepping or "encroachment" will be tolerated by your masters, the "plain people" of America. J. C. CLAYTON. -American Lawyer.

CORRESPONDENCE.

IS THE LICENSING OF DRAMSHOPS UNCONSTITUTIONAL?

Editor of the Central Law Journal:

You have done a signal service not only to the profession, but to the advancement of a very great public issue, in publishing in your issue of June 21, 1907, the full text of the truly great decision of Judge

Artman, holding as the logical result of constitutional precepts and legal authorities, that the licensing of the saloon liquor traffic is unconstitutional. Your editorial comments on the decision merit the same elogium.

Although at first seeming such a decision is unsound as matter of law, however desirable that it should be the law, yet I am thoroughly convinced that the decision is sound; it is based on legal premises sustained with one voice by the highest tribunals, and the logic of its conclusion is irresistible, irrefutable, and must be accepted, when the test comes, as undeniable law.

The appellate courts of Missouri have taken as high ground as any in the land in array against the evils of the liquor trade and in denunciation of its fearful effects, economic, social, moral. In no jurisdiction, I believe, has the principle of Judge Artman's decision better recognition in judicial authority, or better chance to be adopted as good law by the highest courts. Very truly,

St. Louis, Mo., June 24, 1907.

JOSEPH WHELESS.

BOOKS RECEIVED.

The Law and Customs of Riot Duty. A Guide for National Guard Officers and Civil Authorities, with Commentaries on Federal Aid. By Byron L. Bargar, of the Columbus, Ohio, Bar. Lt. Col. Ohio National Guard, Retired. Columbus, Ohio. Published by The Author. 1907. Review will follow. Frailties of the Jury. By Henry S. Wilcox, of the Chicago Bar. Author of Foibles of the Bench, Foibles of the Bar, A Strange Flaw, The Trial of a Stump Speaker, etc. Published by Legal Literature Company, Chicago, Ill. Review will follow. Handbook of the Law of Private Corporations. By Wm. L. Clark, Jr., Instructor in Law in the Catholic University of America, and Author of Hornbooks on "Criminal Law," "Criminal Procedure," and "Contracts." Second Edition. By Francis B. Tiffany. St. Paul, Minn. West Publishing Co. 1907. Price $3.75. Review will follow.

HUMOR OF THE LAW.

A country woman came into the lawyer's office one morning and asked if her man had been there. Being told that he had not, she said, "We sold forty acres of our land yesterday, and we had to make the papers before a lawyer. He told me to come here and wait for him." "All right sit down and make yourself comfortable." She sat down and the lawyer turned to his work. "Say Mr. lawyer, how is the lawyerin' business?" "Pretty good, I guess," said the lawyer. "Sometimes I think of having my man run for a lawyer."

Two prominent lawyers generally opposed to each other were engaged in a warm discussion over the power of a certain city council and one spoke of it in the singular number as "the council is," when he was interrupted by his opponent, who exhibited considerable irritation, with "Why don't you use good English? The Council are." The attorney ignoring the

1. ACCIDENT INSURANCE — Action by Pledgee. On pledging the note of a third person payable to the maker's order, and by him indorsed in blank, the indorsement of the pledgor is unnecessary.-Fidelity & Deposit Co. of Maryland v. Johnson, La., 42 So. Rep. 357.

2. ACTION-Time of Bringing.-An action for the sale of collaterals and for a judgment on a note was not preinaturely brought where a portion of the items sued on were due at the time of the action.-Fidelity & Deposit Co. of Maryland v. Johnson, La., 42 So Rep. 357.

3. ADOPTION-Judicial Proceedings.-A parent not a party to a proceeding to adopt her children without notice theref may collaterally attack the order of adoption by habeas corpus proceedings.-Beatty v. Davenport, Wash., 88 Pac. Rep. 1109.

4. ADVERSE POSSESSION-Hostile Character of Possession.-A landowner holding possession of land claimed by him, though under a mistake as to the true boundary, held to acquire title by adverse possession.Shirey v. Whitlow, Ark., 97 S. W. Rep. 444.

5. ADVERSE POSSESSION-What Constitutes.-The test of adverse possession must be that it is such as would subject the one claiming by adverse possession to a pos sessory action.-Northern Pac. Ry. Co. v. City of Spokane, Wash., 88 Pac. Rep. 135.

judicially dotermined in accordance with the usual and ordinary rules of evidence.-Moy Suey v. United States, U.S. C. C. of App., Fourth Circuit, 147 Fed. Rep. 697.

7. ALTERATION OF INSTRUMENT-Materiality of Alteration. Where a note was altered at the instance of the payee and without the knowledge of one of the makers, the materiality of the alteration was not affected by the fact that it decreased the liability of the maker on the note.-Adams v. Faircloth, Tex., 97 S. W. Rep. 507.

8. APPEAL AND ERROR-Corrected Record.-The record corrected by a nunc pro tunc entry to show an exception to the overruling of a motion for new trial held suffi cient to authorize review.-Mitchell v. Young, Ark., 97 S. W. Rep. 454.

9. APPEAL AND ERROR-Judgment.-Writ of error is the proper method for reviewing a judgment of the supreme court of a territory, affirming a judgment in replevin, tried on waiver of jury.-National Live Stock Bank v. First Nat. Bank, U. S. S. C., 27 Sup. Ct. Rep. 79. 10. APPEAL AND ERROR - Jurisdictional Amount Where by acceptance of a portion thereof, a fund deposited in the court for distribution is reduced below $2,000, and no single claim is left amounting to that sum, the supreme court is without jurisdiction of the appeal. -Sewerage & Water Board v. Thelen, La., 42 So. Rep.

426.

11. APPEAL AND ERROR-New Trial.-On appeal from grant of a new trial not designating the grounds thereof, the appellate court will only examine the assignments of error in the lower court and the grounds of the motion to ascertain whether the order can be sustained on any ground named.-Buckle v. McConaghy, Idaho, 88 Pac. Rep. 100.

12. ASSAULT AND BATTERY-Different Offenses in one Transaction. A person inflicting on another various in. juries by the use of a razor and a knife in the course of one continuous murderous assault is guilty of but one offense.-Purdy v. State, Tex., 97 S. W. Rep. 480.

13. ASSIGNMENTS-Damages.-A lessor obtaining a reassignment of the contract to sell the premises and the rights under the lease, held entitled to sue the lessee for accrued damages and for future damages arising from a breach of the lease.-Pogue v. Ball, Cal., 89 Pro. Rep. 376.

14. ATTORNEY AND CLIENT-Authority of Attorney.Acceptance by a city of the benefit of a compromise settlement and order of court based thereon, held to estop it from objecting to the authority of its attorney making such stipulation.-State v. Çity of Spokane, Wash., 87 Pac. Rep. 944.

15. ATTORNEY AND CLIENT-Disbarment.-That an attorney convicted of grand larceny in a sister state was pardoned by her governor is no defense to disbarment proceedings against him for the same offense.-People v. Burton, Colo., 88 Pac. Rep. 1063.

16. BAIL-Probable Cause.-The right of admission to bail after conviction of a felony does not necessarily follow the right to have a certificate of probable cause issue. In re Neil, Idaho, 87 Pac. Rep. 881.

17. BAILMENT-Injury to Property.-Bailees for hire held not liable for injuries to a truck caused by a collis ion with a street car, owing solely to the negligence of the motorman.-Littlefield v. New York City Ry. Co., 101 N. Y. Supp. 75.

18. BANKRUPTCY-Debts Discharged.-Where a judg. meut on a bond to dissolve an attachment had not been recovered when the principal went into bankruptcy, the claim of the surety was not provable in bankruptcy.Smith v. McQuillin, Mass., 79 N. E. Rep. 401.

19. BANKRUPTCY-Franchise Tax.-Claim of state of New Jersey against domestic bankrupt corporation for annual license fee on its outstanding capital stock imposed under Gen. St N. J. 1895, § 251 et seq., is for a tax owing the state, which under Bankr. Act July 1, 1898, ch. 541, § 64a, 30 Stat. 563 [U. S. Comp. St. 1901, p. 3447], must be paid before dividends to creditors.-State of New Jersey v. Anderson, U. S. S. C., 27 Sup. Ct. Rep. 137.

20. BANKRUPTCY-Fraudulent Transfer of Property.A sale of property by a bankrupt within four months prior to his bankruptcy held void as against his trustee. -Ott v. Doroshow, U. S. D. C., D. N. J., 147 Fed. Rep. 762. 21. BANKRUPTCY-Jurisdiction to Determine Liens.-A court of bankruptcy held to have jurisdiction to entertain a suit by a trustee against a mortgagee of the property to set aside the mortgage as one given within four months prior to the bankruptcy, and void under Bankr. Act. In re McMahon, U. S. C. C. of App., Sixth Circuit, 147 Fed. Rep 684.

22. BANKRUPTCY -Life Insurance Policy.-An endow. ment policy on the life of bankrupt payable to him at the end of the term, if living, or, in case of his prior death, to his wife, held to pass to his trustee for the benefit of his creditors. In re Schofield, U. S. D. C., E. D. Pa., 147 Fed. Rep. 862.

23. BANKRUPTCY - Preferences.-Where a bank teller paid a check to himself on the eve of the bank's insolv. ency, the appointment of a receiver of the bank held to constitute an equitable levy on the amount so paid. -In re Plant, U. S. D. C., S. D. Ga., 148 Fed. Rep. 37.

24. BANKRUPTCY-Preference.-A customer for whom a broker buys stock on a margin is not a creditor of the broker with respect to the transaction within the meaning of Bankr. Act, ch. 541, § 1, subd. 9, but is the owner of the stock and debtor for the advances made in its purchase, and a transfer of the stock to him on payment of such advances does not constitute the giving of a preference by the broker.-Richardson v. Shaw, U. S. C. of App., Second Circuit, 147 Fed. Rep. 659.

25. BANKRUPTCY - Prior Voluntary Composition.-A voluntary composition between a debtor and his creditors considered, and held not to operate as an accord and satisfaction which precluded the creditors from proving their original claims less the payments received under the composition in subsequent voluntary bankruptcy proceedings by the debtors, where deferred payments required by the agreement had not been made.In re A. B. Carton & Co., U. S. D. C., S. D. N. Y., 148 Fed. Rep. 63.

26. BANKRUPTCY-Provable Debts.-Under the direct provisions of Bankr. Act 1998, § 63, subd. 1, Act July 1, 1898, ch. 541, 30 Stat. 562 [U. S. Comp. St. 1901, p. 3447], a judgment on a note is a provable debt.-Johnson v. Jos. lyn, Wash., 88 Pac. Rep. 324.

27. BANKRUPTCY-Sale of Property.-A sale of a bankrupt's property on which valid liens existed should be ordered only on notice of every creditor whose lien would be discharged.—In re Platteville Foundry & Ma. chine Co., U. S. D. C., W. D. Wis., 147 Fed. Rep. 828.

28. BANKS AND BANKING-Iusolvency.-Holders of certified checks on an insolvent trust company held entitled to interest upon their respective credit balances from the date of the receivership up to the date of the final payment of principal at the legal rate.-People v. Merchants' Trust Co., 101 N. Y. Supp. 255.

29. BILLS AND NOTES-Indorsements.-Where a bank, having indorsed a note to its president for collection, regained title by the president's indorsement, and thereafter transferred the note to a city without further indorsement, the bank was liable to the city as indorser. -Moore v. First Nat. Bank, Colo., 88 Pac. Rep. 385.

30. BILLS AND NOTES-Presentment for Payment.Under Laws 1897, p. 223, ch. 64, providing that present. ment for payment is not necessary to charge a person primarily liable, the burden is not on plaintiff, in an action on a note payable at a specified place, to prove demand for payment.-Florence Oil & Refining Co. v. First Nat. Bank, Colo., 88 Pac. Rep. 182.

32. CARRIERS-Duty.to Stop Consignment in Transitu. -Failure of carrier to stop consignment of horses on demand of person who was neither shipper nor consignee held not to render it liable for the value of the consignment.-Switzler v. Northern Pac. Ry. Co, Wash., 88 Pac. Rep. 137.

33. CARRIERS-Limiting Liability.-A common carrier and a shipper may enter into a special agreement requiring the shipper, in case of loss, to make a verified claim for damages in writing within a specified time.— Pennsylvania Co. v. Shearer, Ohio, 79 N. E. Rep. 431.

34. CARRIERS- - Merchandise Shipped as Baggage. Where a carrier accepts a box offered as baggage knowing that it does not contain baggage proper, but mer. chandise, it will be liable for injury thereto during transportation.-St. Louis, I. M. & S. Ry. Co. v. Green, Tex., 97 S. W. Rep. 531.

35. CHATTEL MORTGAGES - Assignment. Failure of Kansas laws to prohibit recording of assignment of a chattel mortgage given to secure a note does not make such action necessary to protect the assignee.-National Live Stock Bank v. First Nat. Bank, U. S. S. C., 27 Sup. Ct. Rep. 79.

36. CHATTEL MORTGAGES-Satisfaction.-Where a note and mortgage were given to secure the price of a mule sold on condition that if he did not suit another would be given in his stead, which was done, the return of the first mule did not satisfy the note or mortgage.-Jones v. Wolfort, Ark., 97 S. W. Rep. 452.

37. COMMERCE -Franchise Tax.-Franchise tax, created by Laws 1896, p. 856, ch. 908, § 182, held collectible, though the business of the corporation is interstate or foreign commerce.-People v. Roberts, 101 N. Y. Supp. 184.

38. COMMERCE-State Regulation.-Delivery of interstate shipment of liquor to consignees held necessary to their arrival within Wilson Act, Aug. 8, 1890, ch. 728, 26 Stat. 313 [U. S. Comp. St. 1901, p. 8177], so as to subject them to the laws of the state.-Heymann v. Southern Ry. Co., U. S. S. U., 27 Sup. Ct. Rep. 104.

39. COMMERCE-State Regulation. Act Pa. April 4, 1868, restricting the right of persons injured in their employment about railroads to those which an employee would have, held not repugnant to the commerce clause of the federal constitution.-Martin v. Pittsburg & L. E. R. Co., U. S. S. C., 27 Sup. Ct. Rep. 100.

40. CONSTITUTIONAL LAW-Due Process of Law.-A mandatory injunction issued ex parte, commanding destruction of private property by the owner, or, in default of his action, by the sheriff within 24 hours, is not due process of law. -Board of Comrs. of Petite Anse Drainage Dist. v. Iberia & V. R. Co., La., 42 So. Rep. 433. 41. CONSTITUTIONAL LAW Due Process of Law.-A domestic corporation whose office and works are outside of the state held not deprived of liberty and property without due process of law by Acts W. Va. 1905, ch. 39, relating to appointment of state auditor to accept serv. ice of process, and exacting an annual fee.-St. Mary's Franco-American Petroleum Co. v. State of West Vir ginia, U. S. S. C., 27 Sup. Ct. Rep. 132.

42. CONSTITUTIONAL LAW-Due Process of Law.-Carriers may be forbidden by state railroad commission to make their local freight rates for phosphates more than one cent per ton per mile without denying due process of law.-Seaboard Air Line Ry. v. State of Florida, U. S. S. C., 27 Sup. Ct. Rep. 109.

43. CONSTITUTIONAL LAW-Due Process of Law.-Failure to require notice to be given of special assessment for back taxes on omitted property, under Ky. St., § 8179, held not to deprive taxpayer of property without due process of law. -Security Trust & Safety Vault Co. v. City of Lexington. U. S. S. C., 27 Sup. Ct. Rep. 87.

44. CONSTITUTIONAL LAW-Equal Protection of the Law. -Foreign life insurance company doing business in Mis souri held not deprived of liberty or property without due process of law, nor denied equal protection of the laws, by Rev. St. Mo., § 7890, cutting off any defense by

a life insurance company based on fraudulent statements, except as to matters contributing to the death of insured.-Northwestern Nat. Lite Ins. Co. v. Riggs, U. S. S. C., 27 Sup. Ct. Rep. 126.

45. CONSTITUTIONAL LAW-Functions of Tax Board.Laws 1905, p. 351, ch. 146, making executive officers members of a board to determine the value of intangible property to be reported for taxation, held not void as vesting judicial power in executive officers.-Missouri, K. & T. Ry. Co. of Texas v. Shannon, Tex., 97 S. W. Rep. 527.

46. CONSTITUTIONAL LAW-Interstate Transportation.— Privileges and immunities are not denied by applying to interstate transportation provisions of Act Pa. April 4, 1868, restricting right of person in jured in their employ. ment in or about railroads.-Martin v. Pittsburg & L. E. R. Co., U. S. S. C., 27 Sup. Ct. Rep. 100.

47. CONSTITUTIONAL LAW-Obligation of Contract.-The mere granting of permission by a city council to a corporation to construct conduits and subways, does not constitute a contract, where the corporation performs no act thereunder.-People v. Ellison, 101 N. Y. Supp. 55. 48 CONSTITUTIONAL LAW-Police Power.-The legislature may place such restrictions on the use of property or the conduct of any business as may be reasonably necessary to protect the public safety, comfort, or health. -Plumas County v. Wheeler, Cal., 87 Pac. Rep. 909.

49. CONSTITUTIONAL LAW-Rules of Evidence.-Laws 1890, p. 91, amending the statute defining the incompetency of a party to testify to transactions had with a decedent held valid, though applied to a transation had with a decedent prior to its enactment. — Samuel and Jessie Kenney Presbyterian Home v. Kenney, Wash., 88 Pac. Rep. 108.

50. CONSTITUTIONAL LAW-Statute as to Quieting Title. Act June, 1906, providing for the establishment and quieting of title to real property in case of the loss or destruction of public records, held not invalid as not affording due process of law. -Title & Document Restoration Co. v. Kerrigan, Cal., 88 Pac. Rep. 356.

51. CONTRACTS Construction.-Whether "taxes," as used in a written contract, include special assessments for local improvements, held to be determined by the context.-Chicago Great Western Ry. Co. v. Kansas City North Western R. Co., Kan., 88 Pac. Rep. 1085.

52. CORPORATIONS-Authority of Managing Officers.The managing agent of defendant corporation, engaged in the real estate business, held authorized to effect a sale of certain property to plaintiff, and to make representations with reference to the application of rents to the unpaid portion of the purchase price.-Harvey v. Sparks Bros., Wash., 88 Pac. Rep. 1108.

53. CORPORATIONS-Capacity.-A foreign corporation may sue in New York on a contract made without the state without complying with local laws, so as to be entitled to do business within the state. Robinson v. American Linseed Co., U. S. C. C., S. D. N. Y., 147 Fed. Rep. 885.

54. CORPORATIONS-Consolidation of Corporations.-A corporation cannot purchase a majority of the capital stock of another corporation to control the latter and thereby preventing competition between it and such other corporation.-Dunbar v. American Telephone & Telegraph Co., Ill., 79 N. E. Rep. 423.

55. CORPORATIONS-Liability on Contracts of Promoter. -Where a corporation adopts and receives the benefits arising from the contracts of its promoters, it is liable thereon.-Chilcott v. Washington State Colonization Co, Wash., 88 Pac. Rep. 113.

56. CORPORATIONS-Stockholders.-A creditor of a corporation with knowledge of insufficient consideration for stock held not entitled to compel stockholder to pay par value.-Lea v. Iron Belt Mercantile Co., Ala., 42 So. Rep. 415.

57. COURTS-Effect of Supreme Court Decision. -Holder of city warrants payable out of special assessments held to have acquired no vested right under judgments rend

ered thereon against the city by a decision of the su preme court.-State v. Tanner, Wash., 88 Pac. Rep. 321. 58. COURTS-Findings of Fact.-Where the supreme court of the territory states in its opinion that on a prior appeal it had made a full statement and findings of fact, and that, finding the record the same as in its former appeal, judgment is affirmed, there is a finding of facts on which review can be had in the Supreme Court of the United States by writ of error. - National Live Stock Bank v. First Nat. Bank, U. S. S. C., 27 Sup. Ct. Rep. 79. 59. COURTS-Following Decisions of State Courts.-Decisions of the state courts respecting the title acquired by individual Indians, under the treaty of September 24, 1819, with the Chippewa nations, as to lands reserved for their use, will not be disturbed by the Supreme Court of the United States where they have become a rule of property.-Francis v. Francis, U. S. S. C, 27 Sup. Ct. Rep.

129.

60 COURTS-Foreign Corporations. —A foreign corporation, which under the constitution and statutes of the state can be sued in the state courts only in counties in which it does business, is not suable in a federal court in the state unless it does business in some of the counties within the territorial jurisdiction of such court.Kibbler v. St. Louis & S. F. R. Co., U. S. C. C., N. D. Ala., 147 Fed. Rep. 879.

61. COURTS- Immunity from Suit.-Mississippi railroad commission held not a court within Rev. St. U. S., § 720 [U. S. Comp. St. 1901, p. 581], forbidding federal courts to enjoin proceedings in a state court.-Mississippi R. Commission v. Illinois Cent. R. Co., U. S. 8. U., 27 Sup. Ct. Rep 90.

62. CRIMINAL EVIDENCE-Uttering Forged Paper. -To show that accused knew of the false character of the instrument which he is charged with uttering, evidence that he possessed similar forged instruments held competent.-State v. Calhoun, Kan., 88 Pac. Rep. 1079.

63. CRIMINAL TRIAL-Refusal of Continuance.--When six clear days intervene between the day on which counsel are assigned in a criminal case and that upon which the case is called for trial, refusal of a continuance held no ground for reversal.-State v. Chitman, La, 42 So. Rep. 487.

64. CRIMINAL TRIAL-Remarks of Prosecuting Officer. -A reply by the prosecuting officer to the opposing counsel, in the presence of the jury, that the accused would not be on trial if he were insane, held not preju. dicial.-State v. Hogan, La., 42 So. Rep. 352.

65. CRIMINAL TRIAL-Reversal.-Where it appears from the record that plea of not guilty was filed ignorantly before counsel was appointed, a conviction will be set aside in order that a motion to quash the indictment filed in the case after such plea may be heard.-Hill v. State, Miss., 42 So. Rep. 380.

66. DAMAGES-Breach of Contract to Loan Money.-A defendant, agreeing to loan to plaintiff a specified sum to aid him in furnishing a place as a saloon, held on failing to furnish the loan not liable for the rent paid during plaintiff's occupancy of the premises -Treanor v. New York Breweries Co., 101 N. Y. Supp. 189.

67. DAMAGES-Value of List Property.-Where property destroyed had no market value, the measure of damages was the actual value to the owner.-St. Louis, I. M. & S. Ry. Co. v. Green, Tex., 97 S. W. Rep. 531.

68. DEATH-Damages.-A husband can recover for loss of time and funeral expenses resulting directly from the wrongful death of his wife.-Philby v. Northern Pac. Ry. Co., Wash., 69 Pac. Rep. 468.

69. DIVORCE Alimony.-A husband on procuring a divorce from his wife because of her fault held not liable to pay her alimony.-Mutter v. Mutter, Ky., 97 S. W. Rep. 393.

70. ELECTION OF REMEDIES-Effect.-A creditor of a corporation who elected to prove his claim under receiv ership proceedings held prevented from moving to set the receivership aside.-Watrous v. Hilliard, Colo., 88 Pac. Rep. 185.

71. ELECTRICITY-Injuries from Defective Insulation. -One installing an electric light globe and receiving compensation for the light held liable to an employee of the person for whom it was furnished, for injury from poor insulation while warming his hands about the globe. -Thomas v. City of Somerset, Ky., 97 S. W. Rep. 420.

72. ELECTRICITY-Personal Injuries.-A boy, injured while climbing on a pier of a public bridge, held not in a place where the general public could rightfully go for purposes of business or pleasure so as to render electric company liable for an injury received by him by touch. ing live wire.-Graves v. Washington Water Power Co., Wash., 87 Pac. Rep. 956.

73. EMINENT DOMAIN-Property Subject to Condemnation. One railroad may condemn the lands of another where there is a necessity for it, and the lands can be taken without detriment to the other.-State v. Superior Court of Clarke County, Wash., 88 Pac. Rep. 332.

74. EQUITY-Cross-Complaint.-Where a defendant in a suit for an injunction was merely a nominal party to the bill in which no relief was prayed against him, held proper to dismiss his cross-bill-Dunbar v. American Telephone & Telegraph Co., Ill., 79 N. E. Rep. 423.

75. EQUITY-Pleading.-Defendants in a suit in equity cannot be required to answer interrogatories by stating facts necessary to complainant's case, but which are not within their knowledge, and which they can only ascer tain by a tedious and expensive examination outside of their own records -John D. Park & Sons Co. v. Bruen, U. S. C. C., S. D. N. Y., 147 Fed. Rep. 884.

76. ESCHEAT-Alien's Right to Hold Land.-Though during the life of an alien the state, by proper proceed. ings, could have declared an escheat of land held by her in contravention of Const. art. 2, § 33, upon her death it lost that right, the land descending to her heirs.-Abrams v. State, Wash., 88 Pac. Rep. 327.

77. ESTOPPEL-Equitable Estoppel.-Wife of cotenant, asking that her right to proceeds of partition sale be decreed superior to that of creditors, held not entitled to assert that her title to the real estate did not pass.Staser v. Gaar, Scott & Co., Ind., 79 N. E. Rep. 401.

78. EVIDENCE-Competency of Expert.-One who was raised on a farm, and has followed the business of farming, is qualified to testify as to the condition of the crop, although he had never grown that particular kind of crop.-Colorado Farm & Live Stock Co. v. York, Colo, 88 Pac. Rep. 181.

79. EVIDENCE-Conflicting Evidence.-Where a hostile witness uses expressions favorable to the side he opposes, the court may properly attach more importance thereto than to the main purport of his narrative.-Fleming v. Howard, Cal., 87 Pac. Rep. 908.

80. EVIDENCE-Loss of Vessel.-Where a vessel is a total loss as the result of a collision, the measure of damages recovered is not her cost to the owners, nor her intrinsic value, but her market value at the time of her destruction, which may be determined from the opinions and estimates of competent witnesses.-The Mobile, U. S. D. C., S. D. Ala., 147 Fed. Rep. 882.

81. EVIDENCE-Parties Bound by Written Agreements. -As a general rule a written agreement is conclusive between the parties, and conversations prior to or at the time of the agreement are inadmissible to change stipu. lations of a lease.-Jackson Brewing Co. v. Wagner, La., 42 So. Rep. 356.

82. FEDERAL COURTS Habeas Corpus.-A federal court is without jurisdiction of a habeas corpus proceed. ing for the discharge of a state prisoner, where the only question involved is his identity with an escaped convict, and no diversity of citizenship is alleged.-Ex parte Moebus, U. S. C. C., D. N. H., 149 Fed. Rep. 39.

83. FIRE INSURANCE-Conveyance of Real Property.A conveyance of real property with a mortgage back to secure the price held a change of interest which avoided the policy thereon.-Jump v. North British & Mercantile Ins. Co., Wash., 87 Pac. Rep. 928.

84. FIRE INSURANCE-Proofs of Loss -The furnishing of proofs of loss is a condition to a right of action on a policy, and unless they are waived by the insurer the action cannot be maintained until they are furnished.American Cereal Co. v. Western Assur. Co., U. S. C. C. N. D. Iowa, 148 Fed. Rep. 77.

8. FORCIBLE ENTRY AND DETAINER-Statutory Provisions. After one has served notice on another to remove from certain premises and the latter fails to comply therewith, the latter is guilty of unlawful detainer, provided the former can prove the allegations necessary to sustain his complaint.-Columbia & P. S. R. Co. v. Moss, Wash 87 Pac. Rep. 951.

86. FRAUDS, STATUTE OF - Contract for the Sale of Goods. A contract for the sale of cement deliverable within six months at the buyer's option held not within the statute of frauds.-Jenkins & Reynolds Co. v. Alpena Portland Cement Co., U. S. U. C. of App., Sixth Circuit, 147 Fed. Rep. 641.

87. FRAUDS, STATUTE OF-Interest in Real Estate.-An oral promise to give an interest in real estate is void under the statute of frauds.-Dietrich v. Heintz, Tex., 97 S. W. Rep. 417.

88. FRAUDS, STATUTE OF-Parol Lease.-A parol lease for one year is valid, even if it is to take effect at a future date.-Fishman v. Wolf, 101 N. Y. Supp. 16.

89. FRAUDS, STATUTE OF-Verbal Transfer of Land Certificate.-A certificate of land issued by the state may be transferred by parol at any time before the land is surveyed and located.-Carlisle v. Gibbs, Tex., 98 S. W. Rep. 192.

90. FRAUDULENT CONVEYANCES-Homestead.-A sale of a debtor's homestead held not subject to vacation as a fraud on creditors though at the time the debtor had personal property in addition to the homestead.-Hobson v. Noel, Ky., 97 8. W. Rep. 388.

91. HABEAS CORPUS Extradition.-A person held in custody by a state for trial in one of its courts under an indictment for a crime against its laws will not be released on habeas corpus by a federal court because methods to secure his presence may have violated Const. U. S. art. 4, § 2, or Rev. St. U. S. § 5278 [U. S. Comp. St. 1901, p. 3597], relating to extradition.-Pettibone v. Nichols, U. S. S. C., 27 Sup. Ct. Rep. 111.

92. HIGHWAYs-Duty to Fasten Horse on Highway.A person in charge of a horse on a public highway must see to it that it is securely fastened, if he leaves it.-City of Denver v. Utzler, Colo., 88 Pac. Rep. 143.

93. HIGHWAYS-Obstructions.-A pile of manure drawn onto a highway by abutting owners held an unlawful obstruction of the highway, rendering such owners liable for injuries to a traveler occasioned thereby.-Sweet v. Perkins, 101 N. Y. Supp. 163.

94. INFANTS-Acts Constituting Ratification of Contract. An infant may ratify a conveyance of his real es tate by failing to disaffirm the same after reaching full age, or by accepting the benefits of the conveyance, or by retaining proceeds thereof and enjoying them after coming of full age.-Damron v. Ratliff, Ky., 97 S. W. Rep. 401.

95. INJUNCTION-Election Ballots.-The district court is without jurisdiction to enjoin the county clerk from certifying and having printed, and the printer from printing on the official ballots, names of candidates for county commissioners. Sherlock v. District Court, Colo., 88 Pac. Rep. 396.

96. INTOXICATING LIQUORS-Sale by Physician.-A municipal ordinance held to prohibit a physician not hay. ing a pharmacist's permit from selling liquor to one representing that he wanted it for medicinal purposes.Braisted v. People, Colo., 88 Pac. Rep. 150.

97. JUDGMENT-Decree.-A decree, enjoining plaintiff from entering defendant's premises, will not affect a suit to modify such decree because of a subsequently acquired right of way over defendant's land.-Richey v. Beus, Utah, 87 Pac. Rep. 903.