« AnteriorContinuar »
under which preferential payments by an in tack of nausea. Thereupon Mrs. X. said that solvent debtor are permitted. The transaction she and her husband intended to leave the car could be set aside for the benefit of the body of at a place before they reached Chicago, and creditors of Kugelmann & Co., because the that her husband would give their section to statute of Maryland declared it to be void, and the plaintiffs. This was accordingly done. Vasquez, by assenting to the transfer in viola- A little further on the Pullman Palace tion of the act, may have subjected himself to car conductor, knowing that Mr. and Mrs. liability as a general partner. But, to authorize Curlander had left the train, sold the section an attachment under subdivision 2 of section again from that point to Chicago. On going 636 of the Code, there must be actual or in to the section he found it occupied by the tended fraud upon creditors; such fraud as was plaintiffs. On being requested to return to contemplated by the statute of Elizabeth and their former seats the plaintiffs refused and similar statutes. The violation of the limited showed their permission for use of the section. partnership act by the preferential payment of
the preferential payment of As a result of this plaintffs were ejected from an honest debt does not show that the debtor
the section. It is admitted that a ticket for a has “assigned, disposed of or secreted his prop- section on a sleeping car is transferable by deerty with intent to defraud his creditors, livery at any time before the holder enters upon within the attachment law.
the journey for which it was purchased, but it
is contended that if he once enters upon his In Curlander V. Pullman Palace Car Co.,
trip and leaves the train before arriving at his Judge Ritchie of the Superior Court of Mary- destination, he abandons or forfeits his right to land holds that the purchaser of a section in a
such section for the balance of the rrip for Pullman sleeping car for a given trip has the which it was sold. The judge shows that, in right, on leaving the train before he reaches his the absence of authority, the defendant relies destination, to transíer the use of his section to upon the analogy between the contract of caranother first-class passenger for the rest of the riage by a railroad company and the contract trip for which it was sold. Martin Curlander for the use of a section on a sleeping car, and and his wife, the plaintiff, left Baltimore for invokes the rule of construction which is apChicago; another couple, designated as Mr. plied to the contract of carriage. The reasons and Mrs. “X.”, boarded the same train at for such construction fully stated in Washington for the same destination. All par- McClure's case, 34 Md. 532. Continuing the ties were entitled to a first-class passage to judge says: Chicago. Mr. X. bought and paid for the use
When the passenger has selected his train of section number one on one of defendant's and has called on the railroad company to percars from Washington to Chicago, the only con form its contract and carry him to his destinadition of which was that it was “good for this tion, and the company tenders itself ready to date and car only when accompanied by a perform, furnishes the necessary means and first-class railroad ticket.” During the day the accommodations, there is good reason why he conductor of the palace car took up the ticket should not be permitted to stop off at one or and gave Mr. X. a check for the use of the sec more intermediate stations, and afterwards retion in question. The check showed on its sume his journey on the same ticket. Under face the same trip as the original ticket that the contract of carriage, the railroad company is, from Washington to Chicago - and the only must furnish accommodations and has active limitation was, “this check is good for this trip services to perform, and when it has once reonly.” On the same day the plaintiffs bought sponded to the demand of the passenger and the upper section of the same car of berth has partly performed its duty and stands ready number six. On the next morning it was to perform the rest, it would be unreasonable found that the seats which went with the to require it to stand ready again and again to upper berth, and which the plaintiff occupied, respond to the call of the passenger according were those which required Mrs. Curlander to as he may please to break his journey. Furride backwards. This induced a violent at ther reasons stated in the authorities why the
railroad contract is construed to mean a con that the purchaser of a section may share its tinuous trip by the same train are that the con use with any proper persons whom he invites trary doctrine would impose on the carrier ad- into it; this is because he has purchased the use ditional duties, the removal of the passenger of the whole section, and as he can bestow on and his baggage from one train to another, an others the right to use part of it while he is increased risk of accidents, and a hindrance there, I can see no reason why he can not conand delay not contemplated. It is contended fer upon them the right to continue the use of that the same reasons, or some of them, pre- it when he leaves the train before the end of the vent the passenger when leaving the train from trip for which it has been sold. It is also conmaking a valid transfer of his railroad ticket to ceded, as I have said, that the purchaser may some one else for the rest of the trip; and fur
transfer his section before he enters upon his ther, that the same considerations require a journey. I can see no reason why it should be. similar construction of the contract made with come absolutely non-transferable the moment the Pullman Company. But from the different after he starts. I can see no reason why he nature of the contracts, none of these reasons cannot transfer it immediately after starting if apply in the case of the sale of a section in a he chooses to ride in a passenger coach; or sleeping car, and they do not require that a why two passengers might not exchange seccontinuous trip under the Pullman contract tions; or why after having gone half of his should be construed to mean a continuous journey, the holder might not then transfer his trip by the same person. The contract being section for the balance of the trip, and himself sor the use of a given section on a given train, withdraw into a passenger coach. It is connecessarily imports a continuous trip by that ceded that he can make such transfers as long train, and the Pullman Company needs no pro- as he remains on the train, provided he gives tection against a demand for the use of the notice to the conductor and gets his assent. same section on the same ticket on a later day; But the assent of the defendant to such transno additional duties are imposed on the Pull-fers is not necessary, because there is no conman Company by allowing the transfer of his dition in the contract which requires it. If the section for the rest of the trip by a passenger holder of the section, after having gone part of who leaves the train; it is not subjected thereby his journey, can transfer it to another for the to any additional risks, nor to any hinderance rest of the trip, he himself continuing on the or delay; it handles no baggage, no additional train but riding in a passenger coach, as I think attentions are required, and it makes no differ- | he can do, he can make a valid transfer on ence whether the porter makes up the berth | leaving the train, because it makes no difference and dusts off the set for one passenger or
to the Pullman Company, which has nothing to another. The company sells the use of its sec
do with his contract of transportation, whether tion, with the right to some trilling services he withdraws into a passenger coach or leaves from its porter from one point to another and
the train. is paid in full for the same; it can inake no pos
It is further contended that the condition on sible difference to it whether the section is the ticket that it is good “only when accomoccupied by one first-class passenger or another, panied by a first-class railroad ticket," and the and whoever may hold it, the company can be limitation on the conductor's check that it is called upon to do or furnish nothing that it “good for this trip only,” and the fact that the has not agreed to and been paid for. If the through rate from Washington to Chicago is holder leaves the train without transferring his less than the aggregate rate of a section from section, it might be inferred that he had aban- Washington to Deshler and then from Deshler doned it to the company and it might be re- to Chicago, imply a restriction against transfer sold, but when the company undertakes to sell after the holder has once started. I cannot again what it has already once sold and been accept this view. The condition on the ticket paid for, it does so at the risk of trespassing is simply a designation of the class of persons upon the rights of others.
who alone are entitled to avail of the conveniIt is held in Searle's case 45 Fed. Rep. 330, ences of the sleeping car; it would prevent the
transfer of a section to one who did not hold a such as are not first-class passengers, nor in a first-class railroad ticket, but the condition the nature of the contract, or to be implied rather implies that such cars are open to all from any of its conditions, there certainly are who have such tickets. * This trip” means
no considerations of public policy or conventhe trip stated on the face of the check upon
ience which call on the court to so construe which is found the restriction, that is, from the voluntary contracts of this defendant as to Washington to Chicago. No attempt was enable it, contrary to the wishes of the first made to use it on any other trip than the trip purchaser, to sell the same thing twice. for which the check expressly states that it was Whether the ejection of Mrs. Curlander was good. Even if “this trip” under the contract the act of defendant or of the train conductor, of carriage, would from its nature be construed as well as the measure of damages, I will to mean a trip by the same person as well as on leave to the jury under the instructions to be the same train there is nothing, as I have en granted. deavored to show, which would require these words to receive the same construction under the contract in question. To construe this
When the Court of Appeals handed down its condition as meaning “ good for this trip only, decision in the case of The People v. Shea, and good only in the hands of the holder who we had occasion to remark in approving words starts with it," would be nothing less than inter- of the recommendations made by the court of polating a material condition not in the con last resort in regard to the presentation before tract.
that court of evidence in capital cases. The There is nothing in the fact of a reduced present method of placing before that court for rate which implies non-transferability. It its consideration all the evidence given before may well be that the company prefers by one that jury, and in the Shea case the questions transaction to sell a section for a long trip at a put to the jury, together with their answers, reduced rate rather than chance its sale at also, is cumbersome and most onerous and burhigher local rates to several successive pur- densome to the courts to which such facts are chasers between intermediate stations. It is presented, and we certainly think that a court settled that the usual return coupons of round which must necessarily perform so many and trip exo rsion tickets, which are always sold at important functions should be relieved to the reduced rates, are transferable. Carsten's case, greatest possible extent consistent with justice 44
Hoffmann's case, 45 id. 53; and fair dealing toward the accused. A strikSleeper's case, 100 Pa. 257 ; and where a ing passage in the case of The People v. Kerrithrough straight ticket over several roads is gan, 147 N. Y. 210, which was one of the first sold at a reduced rate, the passenger at the end capital cases decided after the Shea case,
is of any one road may transfer any remaining noteworthy and should be considered.
The coupons. Nichols' case, 23 Ore.
123: The passage referred to is as follows: condition on a railroad ticket that in considera “While this court has the power in a capital tion of a reduced rate it is not transferable is
case to review the facts and to grant a new trial good, but non-transferability will not be im- when satisfied that the accused has not had a plied from the mere fact of a reduced rate. If fair trial, or when injustice has been done, it the reduced rate does not affect the right to must observe the rules and principles which aptransfer the railroad ticket, there is no reason ply to all tribunals exercising appellate juriswhy it should prevent the transfer of the Pull-diction. It is the province of the jury to deman ticket.
termine questions of fact depending upon It follows, from what I have said, that, in evidence in any way conflicting and to declare my judgment, the transfer of the section in by their verdict what the truth is, and when once question to Mr. Curlander was valid and the determined, upon evidence which is sufficient, ejection of his wife therefrom was wrongful. even though capable of diverse and opposing There being no restriction upon its transfer in inferences, this court has no more right than the terms of the contract, except as against the trial court to substitute its own judgment in
the place of that of the jury or to usurp its legiti They embrace an act designed to give married mate functions."
women more than eighteen years of age the same This paragraph is one which at least gives an rights in respect of property and the making of conidea of the way the court of last resort regards tracts as were before enjoyed by those twenty-one the present cumbersome method of presenting years of age, and to non-resident married women the evidence on appeal.
the same rights with residents; also an act repealing a prior act designed to prohibit the employ
ment of women and children in work for more than ADDRESS OF JAMES C. CARTER, eight hours a day; an act to prohibit the levying of PRESIDENT OF THE AMERICAN BAR ASSOCIATION. black-mail by threatening letters and otherwise;
and a rather curiously framed act designed to reguThe object of our Association is declared to be late the practice of embalming dead human bodies. “to advance the science of jurisprudence, promote | It establishes a State board, the members of which the administration of justice and uniformity of are not required to possess a knowledge of physilegislation throughout the Union, uphold the honor ology and anatomy, but to be practical embalmers of the profession of the law, and encourage cordial | baving experience in the business," but they must, intercourse among the members of the American nevertheless, find whether applicants for an emBar."
balmer's license, which they alone are authorized to No happier statement could be made of the pur- grant, are possessed of a “knowledge of the venous poses which such an Association as ours should
and arterial systems, the location of the heart, lungs, have in view. It recognizes the fact that though stomach, bladder, womb and other organs in the we are citizens of different states in some degree human body; the location of the abdominal, pleusovereign, we are yet one people, one immense human society with common interests
, common hopes brachial
ral and thoracic cavities; the location of the carotid, and a common destiny; that among the greatest concerns of that, as of every society, are its juris
a knowledge of the science of embalming, etc." prudence and legislation; that that great interest
We have also an act to prevent boycotting, and is, in large degree, under the care and control of applicable both to employers and workman; certain the members of the legal profession; that it is their amendments of the State code, inter alia, one conduty to reduce it to a science, to develop its useful firming and increasing the authority of the Supreme ness, to simplify it into uniformity, to correct any
Court to establish rules of procedure both for that
court and the Court of Chancery; a proper recognievil tendencies which may beset it, and to these ends to uphold the honor of the profession and in- tion, as I think, of the wisdom of committing the spire its members with a just conception of their system of procedure to judicial rather than legislahigh office,
tive control; an act appointing a single commis
sioner It is made the especial duty of the President to
to revise, digest and codify all the statutes communicate in the address with which he is
of the State of a general and public nature;" an act charged to open each Annual Meeting - the most designed to suppress the fraud of officers of a cornoteworthy changes in statute law on points of gen poration attempting to depreciate the price of its eral interest made in the several States and by Con
stocks below its value with intent to buy it in; gress during the preceding year.” A full and dis another, quite inconsistent with the one above criminating performance of this duty, involving an noticed, which entrusts the framing and amending intelligent examination of the doings of nearly forty of the civil procedure to the Supreme Court, amendLegislatures, would be an impossible task for a law-ing certain sections of the civil code and rules of yer actively employed in the work of his profession. the Court of Chancery relating to the filing and I have been able to give but hasty and superficial service of interrogatories under a commission to glances over this vast field, and it is those things take testimony; another making it a misdemeanor only which have, as it were, caught my eye upon
to print, publish or expose for sale any book or that general survey which I am able to lay before pamphilet containing the history of any person you. In default of perceiving a better method (if popularly known as an outlaw; and an act imposing there be a better one) I shall deal with each State
severe punishment for train robbery. by itself, and no order preferable to that of the al
ARKANSAS. phabet occurs to me.
Arkansas contents itself with the modest activity ALABAMA.
shown by 150 public acts, embracing 257 pages. The wisdom or the folly of Alabama is evidenced
No one will regret that survival of the doctrine of by a bulky volume containing 572 acts which oc State sovereignty evidenced by acts not only of this, cupy 1,244 pages.
but other legislatures of Southern States, for the
support from the public treasury of disabled and Prompted, apparently, by recent notorious scandals indigent Confederate soldiers. The employment this State has framed legislation requiring the solof convicts in competition with other labor is allowed emnization of marriages and repealing prior provi. by another act of this Legislature and marks a dif- sions of law, under which what are commonly styled ference in the social conditions of the States. Such common law marriages ” could be easily set up. legislation could bardly be brought about in the At the general election of November several immore populous Northern and Eastern States. The portant constitutional amendments were adopted by resolute tendency towards the prohibition of the the people. In one a step was taken in the direc. sale of intoxicating liquors, and its limitations also, tion of educational qualification for the exercise of find expression in an act making it unlawful to sell the right of suffrage. It requires, with certain exor give away any such liquors, including wine, ceptions, the voter to be able to read the Constituwithin five miles of Hineman University School, at tion in the English language and to write his name. Monticello, Drew County, except, in the case of Others exempt young fruit trees and vines from taxwine, by those who make it “from grapes of their ation, make a like exemption in favor of free librarown raising and sell it on their own premises.” ies and public museums, and forbid ownership of Humanity and decency are gratified by an act pro
real property by aliens. viding for the appointment of a matron for female
Other amendments to the Constitution prisoners in cities of the first-class. An act was
framed by the last legislature and will be submitted also passed in obedience to the public sentimient
to popular vote the general election to be rapidly extending through the country throwing the held in 1896. One consists of substantially the safeguards of law around the elections for candidates educational qualifications as that estabat primary political meetings. But three private lished by the legislature as already mentioned, but acts were passed by this Legislature.
omitting all reference to the male sex, and thus de
signed to give the right of suffrage CALIFORNIA.
Another makes the stockholders of corporate bodies California has passed an act permitting actions liable to the corporation, or its creditors, to the exgenerally, including those involving the possession tent of any unpaid part of the capital stock held by and title of real property, to be maintained by and them, and makes the directors liable to the creditagainst executors and administrators in all cases ors and stockholders for any moneys embezzled or where they might be maintained against their re- misappropriated during their terms of office by the spective testators and intestates, — this seems to in- officers of the corporation. troduce an anomaly in respect to real property ; an
COLORADO. act permitting foreign executors and administrators
The legislature of Colorado passed 114 acts emto satisfy mortgages; another providing for an exercise of discretion by the court to empanel one or
bracing the moderate extent of 256 pages. Among two “alternate jurors” to take the place of any privileges for all persons, without distinction of
these was one designed to secure equal rights and regular juror who may die or become disabled dur
or color, in public accommodations and in ing a trial; another for the retirement upon pensions
places of amusement; another requiring commission of public school teachers after a service of twenty merchants to procure a license before engaging in years; auother limiting the liability of inn-keepers, their business and to give bonds available for the boarding and lodging house keepers; another estall benefit of persons sustaining loss or damage through lishing a non-partisan commission of three persons
them, a rather exceptional interference by gov“ of revising, compiling, correcting,
ernment, the grounds of which do not clearly apamending, systematizing, improving and reforming the laws of the State;"
pear. Another act properly associates patriotism '— a very broad authority
with the condemnation of anarchy. It prohibits which would produce inestimable benefits, if it were wisely executed, but what is meant by a non-parti
the display upon any State or municipal building of
any flag other than those of the State and the United san commission of three is not very clear. The facilities for the union of capital and business in-building, or in any street procession, or parade, of
States, and also prohibits the display upon any such terests are made practically unlimited by an
the flag of any anarchistic society. act for the formation of co-operative associa
Another act constitutes a board of three commistion of five
persons for the pur-sioners for the promotion of uniformity of legislapose of transacting 'any lawful business.',
tion throughout the United States. The general tendency to relieve married women of their disabilities in respect of property is followed
CONNECTICUT. by enactments authorizing them to execute powers
Connecticut exhibits a record of 350 enactments. of attorney and acknowledgments as if unmarried. Among them is one making an attempt to prevent
for the purpose