TABLE OF CASES. This list includes only those cases commented upon editorially or in our Notes of Recent Decisions, or in full annotated. The abbreviation Ed., indicates editorially-R. D., cases commented upon in our Notes of Recent Decisions; and ann. case, annotated case. Albany Furniture Company v. Merchants' Nat. Bank (Ind.) Bills and Notes-Corporation Signing by Officers-Personal Liability, ann case, 283. Amberg v. United States Mut. Assn. (Ky.) Accident Insurance-Death-Proximate Causes, R. D. 146. American Fire Ins. Co. v. State (Miss.) Insurance Companies within the Mississippi Anti-Trust Law, Ed. 205. Andrews v. Jackson (Mass.) Vendor and PurchaserFalse Representations, R. D. 188. Attorney-General v. Common Council of City of De. troit (Mich.) Incompatibility in the Exercise of Official Functions, Ed. 1. Bailey v. Bernay (U. S. C. C., N. D. Cal.) TaxationLiability of Assessor for Malicious Excessive As. sessment, R. D. 271. Bailey v. Holden (Mich.) Witness Competency Transactions with Decedent, R. D. 272. Barabasz v. Kabat (Md.) Master and Servant-Liability to Third Persons-Scope of Employment-Instructions, ann. case, 171. Barr v. Rader (Oreg.) Attorney and Client-Authority of Attorney, R. D. 327. Bennett v. Davis (Me.) Quitclaim Deed-CovenantAfter acquired Title, ann. case, 447. Bergeron v. Hobbs (Wis.) Personal Liability of Incorporators of Defectively Organized Corporation, 269, Blackburn v. Wright (Ky.) Larceny of Real Property, Ed. 185. Blanck v. Sadler (N. Y.) Auction-Real Estate-Repre sentations-Description of Incumbrance, R. D. 443. Bond v. Holloway (Ind.) Bills and Notes-Note to Joint Payees-Transfer of Interest-Liability, R. D. 408. Borley v. McDonald (Vt.) Contract of EmploymentBreach-Liquidated Damages, R. D. 326. Brewster v. Miller (Ky.) Conspiracy - Association to Fix Prices-Refusal to Sell Goods to Debtors, R. D. 226. Brown Shoe Co. v. Hunt (Iowa) Innkeeper's LienProperty of Third Person, R. D. 482. Bruce v. Beall (Tenn.) Admissibility of X-Ray Photo gragh on Evidence, Ed. 185. - Master and Serv. Bryan v. Adler (Wis.) Civil Rights - C. & W. Thum Co. v. Tloczynski (Mich.) Trade Secret- 348. 76. California Fruit Transp. Co. v. Anderson (U. S. C. C., N. D. Cal.) Wife's Interest in Homestead-Consid. eration for Mortgage, ann. case, Carr v. Brown (R. I.) Constitution 1 Law-Administration of Estate-Presumption of Death, R. D. 330. Chesapeake & Ohio Ry. Co. v. Lang's Admr. (Ky.) Carriers of Passengers - Injury Crowded Cars-Contributory Negligence, R. D. 270. Cincinnati, N. O. & T. P. Ry. Co. v. Citizens' Nat. Bank (Ohio) Rights of Innocent Holder of Spurious Corporate Stock, Ed. 165. Citizens' St. R. Co. v. Horton (Ind.) Release and Discharge-Avoidance for Fraud-Return of Considera. tion, R. D. 485. City of Indianapolis v. Navin (Ind.) Constitutionality of Indiana "Three Cents" Car Fare Legislation, 22 City of Livingston v. Woods (Mont.) Office and Officers -City Treasurer-Loss of Funds, R. D. 207. City of St. Louis v. F. Meyrose Lamp Manuf. Co. (Mo.) Municipal Corporation Ordinance-Validity-Engineer of Steam Boilers, R. D. 109. City of Omaha v. Bowman (Neb.) Municipal Corporations-Ponds-Negligence, ann. case, 412. Admissibility of Evi Clark v. Clark (Mass.) Evidence-Opinion Evidence- 424. Copeland v. State (Tex.) Evidence-Proof of Paternity, R. D. 306. Davis v. State (Neb.) Criminal Law-Homicide-Liabil. ity for Train Wrecking, R. D. 5. Dennis v. Holsapple (Ind.) Wills-Beneficiary-Subse. quent Designation, R. D. 394. Dobbins v. M., K. & T. Ry. Co. (Tex.) Duty of Railroad Company to Trespassing Children, Ed. 125. Doctor v. Riedel (Wis.) Abuse of Process What Constitutes-Banks and Banking-Set Off, ann. case, 56. Dolan v. Brooks (Mass.) Husband and Wife - Neces. saries-Husband's Liability, R. D. 253. Early v. Standard Life & Acc. Ins. Co. (Mich.) Accident Insurance-Death by Poison, R. D. 33. Early v. Standard Life & Accident Ins. Co. (Mich.) Accident Insurance-Death-Proximate Causes, R. D. 146. Eiserman v. Schneider (N. J.) Statute of Frauds-Con. tracts to be Performed within a Year, R. D. 227. Emmons v. Gordan (Mo.) Executors Sale of Land in Foreign State-Liability for Proceeds, R. D. 329. Englehart v. Farrant (Eng.) Liability of Master and Negligence of Servant, Ed. 87. Enos v. Sawyer (Wis.) Mortgage-Subsequent Grantee -Assumption of Debt, R. D. 2. Equitable Life Assoc. v. Nixon (U. S. C. C. of App. Ninth Cir.) Life Insurance-Place of Contract-Forfeiture of Non-payment of Premium, R. D. 364. Farrel v. Oregon Gold Min. Co. (Iowa) CorporationsForeign Corporations-Service of Process, R. D. 442. Fischer v. Fischer (Tenn.) Beneficial AssociationsChange of Beneficiary, ann. case, 491. Fishell v. Gray (N. J.) Contract-Consideration-Illegal in Part, R. D. 166. Fisk v. City of Hartford (Conn.) Waters and Water Courses-Riparian Rights-Diversion of Water, R. D. 291. Fourth National Bank v. Yardley (U. S. S. C.) Banks and Banking-Equitable Assignment - Checks, R. D. 2. France v. State (Ohio) Validity of Ohio Act Establishing State Medical Board for the Examination and Licensing of Physicians, Ed. 403. Goodall v. Gerke Brewing Co. (Ohio) Landlord and Tenant-Lease-Illegal Use of Premises, R. D. 3. Green v. Green (S. Car.) Insurance Money Collected by Life Tenant-Rights of Remainder man, R. D. 464. Gunster v. Scranton Illuminating Heat & Power Co. (Penn.) Banks and Banking-Knowledge of Bank Officer, R. D. 71. Hall v. Alford (Mich.) Waters-Riparian Rights-Navigable Waters-Trespass, R. D. 366. Hanson v. Beck with (R. I.) Landlord and Tenant-Lia- Hilson Co. v. Foster (U. S. C. C., S. D. N. Y.) Unfair R. D. 165. Hollenbeck v. Hall (Iowa) Curious Case of Libel, Ed. 423. Hoover v. McChesney (U. S. C. C., D. Ky.) Power of Hyde Park Thomson-Houston Electric Light Co. v. Porter (Ill.) Damages by Electric Light Plant-Par. ties, R. D. 111. Illinois Cent. R. Co. v. Griffin (U. S. C. C. of App., Seventh Cir.) Carriers of Passengers - Dangerous Premises-Invitation to Enter Baggage Room, R. D. 32. Jamison v. Wallace (Ill.) Gambling Contracts-Broker -Recovery of Loss, R. D. 387. Jones v. Merrill (Mich.) Process-Subpoena-Jurisdic tion-Acceptance of Service, R. D. 207. Kalen v. Terre Haute & I. R. Co. (Ind.) Damages for Mental Suffering Alone, Ed. 423. Kelly v. New York, N. H. & H. R. Co. (Mass.) Husband and Wife-Injury to Wife - Action by Husband, R. D. 8. Kelsey v. Green (Conn.) Parent and Child-Infants. ann. case, 237. Kendall v. McClure Coke Co. (Pa.) Assignment for Ben. efit of Creditors-Estoppel to Contest, R. D. 328. Kerr, Receiver v. Urie (Md.) Married Woman - Na. tional Bank Stock-Ownership and Personal Liabil. ity, R. D. 186. Kinney v. Koopman (Ala.) Nuisance-Gunpowder In- Lone v. Clune (Colo.) Benevolent Societies Conditions, Use of ann. case, 212. Lucas v. Herbert (Ind.) Railroad Company Depot Grounds-Regulations, ann. case, 38. M. T. Jones Lumber Co. v. Rhoades (Tex.) Judgment -Action against Dead Person, R. D. 186. McBride v. Potter-Lovell Co. (Mass.) ContributionFraud of Common Agent, R. D. 110. McGorty v. Southern New England Tel. Co. (Conn.) Master and Servant - Assumption of Risk by Serv. ant-Telephone Lineman, R. D. 406. McGrell v. Buffalo Office Bldg. Co. (N. Y.) Injury in Elevator-Diligence Required, ann. case, 133. McNeal v. Gossard (Okla.) Contracts of Guaranty- In. terpretation-Partnership, R. D. 364. McNulty v. Pennsylvania R. Co. (Pa.) Carriers-Who are Passengers-Employee, R. D. 462. Meredith v. Frank (Ohio) Easement-Implied Reservation, ann. case, 352. Michigan Trust Co. v. Grand Rapids Democrat (Mich.) Insolvency-Preferred Claims for Labor-Editorial Writer, R. D. 306. Millard v. Williams (Colo.) Attorney and Client - Evi dence-Value of Legal Services-Instructions, R. D. Nashville, C. & St. L. Ry. Co. v. McConnell (U. S. C. C. Tenn.) Injunction-Restraining Brokerage in Railway Tickets, Ed. 403, R. D. 404. Nebraska Nat. Bank v. Johnson (Neb.) Following O'Keefe v. Liverpool & L. & G. Ins. Co. (Mo.) Insurance -Valued Policy Law-Total Loss-Arbitration, ann. case, 373. O'Neill v. Behama (Pa.) Strikes and Strikers-Damages for Inducing Employees to Strike, R. D. 288. Palmore v. Morris (Pa.) Vendor and Purchaser - Conveyance of Defective Structure Liability of Grantor, R. D. 271. Peck's Heurich (U. S. S. C.) Attorney and ClientChamperty, R. D. 226. People's Building & Loan Association v. Reynolds (Ind.) Recovery of Payments to a Foreign Building and Loan Association, R. D. 108. People's Nat. Bank v. Freeman's Nat. Bank (Mass.) Delivery-Permitting Examination of Articles Sent C. O. D., R. D. 327. People v. Lewis (Cal.) Criminal Law-Homicide-Selfdefense-Duty to Retreat, R. D. 88. People v. Snowburger (Mich.) Adulteration - Criminal Perkins v. Pendleton (Me.) Action for Inducing Breach of Contract - Compelling Discharge of Servant Labor Union, R. D. 254. Potts v. Breen (Ill.) Power of Boards of Health to Im. pose the Requirement of Vaccination as a Condition of Admission to the Public Schools, Ed. 29. Price v. Bassett (Mass.) Sale by Life Tenant-Rights of Remainder men, R. D. 167. Price v. City of Moundsville (W. Va.) Constitutional Law-Statutes-Are Enrolled Bills Conclusive, R. D. 290. Use of Horse by Sheriff, R. D. 306. Reg. v. Starmouth (Eng.) Criminal Liability for Causing Death by Suicide, 481. What Reid v. Providence Journal Co. (R. I.) Libel Rose v. Commonwealth (Ky.) Criminal Law-Burglary St. Louis, I. M. & S. Ry. Co. v. Paul (Ark.) Legislative Sabine Tram Co. v. Bancroft (Tex.) Corporation-Partnership with Individuals-Illegality, R. D. 89. Sayles v. New York, N. H. & H. R. Co. (U. S. C. C., S. D. N. Y.) Carriers-Limitation of Liability-Way-Bills, ann. case, 155. Defect Schillinger v. Town of Verona (Wis.) Towns ive Highways - Proximate and Remote Cause, R. D. 206. Schradsky v. Appel Clothing Co. (Colo.) Injunction Law-Rivals in Business Advertising, ann. case, 468. Shapleigh v. City of San Angelo (U. S. 8. C.) Corporation Void Ab Initio cannot Create Debts, does not Apply to Irregularity in its Organization, Ed. 87. Simpkins v. White (W. Va.) Judgment - New TrialSurprise-Absence of Party, ann. case, 193. Simpson v. Kentucky Citizens' Building & Loan Association (Ky.) Usury by Building and Loan Associations, Ed. 145. State v. Bowman (Me.) Effect of Presence of Stenog. rapher in Grand Jury Room while Hearing Test mony, Ed. 383. State v. Bradneck (Conn.) Evidence Criminal Prac- Attorney's State v. Gilbert (Ohio) Constitutionality of the "Torrens" Ohio law, Ed. 205. State v. Main (Conn.) Validity of Legislative Act Pro- State v. Slack (Vt.) Impeachment of Its Own Wit- Thompson & Walkup Co. v. Appleby (Kan.) Evidence of Telephonic Communications, Ed. 251. Tindal & Boyles v. Wesley (U. S. S. C.) Suit against Individuals holding State Offices as a Suit against the State, Ed. 29. Thresher v. Atchison (Cal.) Mortgage - RedemptionRate of Interest-Amendment of Statute after Sale, R. D. 187. Toledo & O. C. Ry. Co. Doges (Ohio) Carriers of Passengers-Merchandise Carried as Baggage-Knowledge on Part of Carrier, R. D. 484. Treadwell v. State (Ga.) Criminal Law - False Representations or Pretense to Procure Credit, R. D. 384. Trenton Pass. R. Co. v. Guarantors' Liability Indemnity Co. (N. J.) Contract of Indemnity - ValidityPublic Policy, R. D. 206. Triplett v. Jackson (Kan.) Adjoining Land Owners Light and Air-Fence on Division Line, R. D. 252. Underwood v. Maguire (Can.) Acceptance of Contract by Mailing Letter, Ed. 383. Union Water Power Co. v. City of Auburn (Me.) Taxation-Taxable Property - Water Power, R. D. LIST OF LEADING ARTICLES IN VOLUME 45. No. 1. Incompatibility in the Exercise of Official dered out by a Court to Make a View of No. 4. Proof of the Corpus Delicti in Poisoning Cases. By Arthur P. Will, 72. No. 5. Effect upon General Creditors of Deeds or Mortgages Withheld from Record. By W. W. Thornton, 90. No. 6. Récent Phases of Contract Law - III. Breach by Renunciation before Performance. By John D. Lawson, 113. No. 7. Duty and Liability of Attorney to Client. By Morton John Stevenson, 131. No. 8. Rights to Land made by, or Resulting from Accretion, Reliction and Avulsion. By Thos. J. Eppes, 148. No. 9. Contract of Minors. By D. H. Pingrey, 168. No. 10. The Telegraph Company's Liability Relative to Cipher Messages. By Geo. T. Kelly, 185. No. 11. Discovery in Aid of Execution at Law. By Chapman W. Maupin, 209. No. 12. Punctuation - How Considered in the Law. By Charles L. Aarons, 229. No. 13. Illegal Trade Rivalry. By William H. Tuttle, 257. No. 14. Mandamus against Corporations to Compel Duties to Individuals. By Seymour D. Thompson, 278. No. 15. Misconduct of Counsel at Trial. By W. C. Rodgers, 292. No. 16. Criminal Liability of Warehousemen. By D. R. N. Blackburn, 309. No. 17. Revivor of Paid Real and Chattel Mortgages. By John C. Kleber, 332. No. 18. Damage Suits by Stevedores. By W. Huger Fitzsimons, 350. No. 19. Secondary Evidence-Where Written Instrument is Out of the Jurisdiction. By John C. Fitnam, 368. No. 20. Possession of Stolen Property as Evidence of Guilt. By Louis B. Ewbank, 388. No. 21. The Submission and Adoption of Constitutional Amendments. By Henry Z. Johnson, 402. No. 22. The Incontestable Clause in a Life Insur- No. 24. Seizure of Fixtures under Judicial Process. By Linton D. Landrum, 465. No. 25. Power of a Municipality to Declare What Constitutes a Nuisance. By Eugene McQuillin, 487. Central Law Journal. ST. LOUIS, MO., JULY 2, 1897. The case of Attorney-General ex rel. Moreland v. Common Council of City of Detroit, wherein the Supreme Court of Michigan recently held that under the constitution the offices of mayor of a city and of governor of the State are incompatible and cannot be occupied by one and the same person, forms the subject of an interesting article on page 9 of this issue, wherein the writer discusses and reviews the authorities on the question as to what are incompatible offices within the purview of constitutional restrictions. Recently and since the decision of the Michigan case the Supreme Court of Kansas has also had occasion to consider the subject. In Abry v. Gray, 48 Pac. Rep. 577, that court decides that there being neither constitutional nor statutory inhibition against one person holding the offices of city clerk of a city of the first class, and clerk of the district court of the county in which such city is included, the duties of the two offices are not so incompatible that the acceptance of the latter by a person holding the former ipso facto vacates such first-named office. The test in cases of this kind seems to be that "the incompatibility which will operate to vacate the first office must be something more than the mere physical impossibility of the performance of the duties of the two offices by one person, and may be said to arise where the nature and duties of the two offices are such as to render it improper, from considerations of public policy, for one person to retain both." It The last legislature of Missouri passed an act of a radical character popularly known as the "parol law," which is about to go into operation, and as to which may be raised grave questions of constitutional law. was designed as a humanitarian measure looking to the reformation of criminals, though many look upon it as a dangerous menace to the administration of justice. The act in substance gives to the courts of the State power to parol persons convicted of a violation of the criminal laws of the State, except in cases of murder, rape, arson or robbery, subject to certain restrictions. Any of the courts mentioned in the act or the judge thereof in vacation may, in their discretion, when satisfied that any person of whose case they have jurisdiction, will, if permitted to go at large, not again violate the law, parol such person and permit him to go at large upon such conditions and under such restrictions as the court or judge shall see fit to impose. This provision applies to old and young alike and leaves it discretionary with the court whether a bond shall be required or not. The court or judge in vacation can at any time thereafter without notice to such person terminate the parol by ordering execution to issue on the judgment of conviction. After a parol has been so terminated the court or judge may grant a second parol, but no more than two parols can be granted to the same person under the same conviction. It is made the duty of any person so paroled to appear at each regular term of the court granting the parol, during the continuance of such parol and furnish at his own expense proof to the satisfaction of the court that he has, since the last date at which such proof has been furnished, complied with all the conditions of such parol and conducted himself as a peaceable and law-abiding citizen. The law further provides that when any person of the first class so paroled has been at large for not less than six months, and any person of the second class not less than two years and the court granting such parol shall be satisfied that the reformation of such convict is complete and that he will not again violate the law, the court may in its discretion grant his absolute discharge on payment of costs or taking the poor debtor's oath, which discharge will operate as a complete satisfaction of the original judgment and restore the person to all the rights and privileges of citizenship. The decision of the trial court in granting or refusing to parol a prisoner is not subject to review by any appellate court. Under the constitution of Missouri the powers of government are divided into three district branches, the legislative, executive and judicial, each of which are confined to a separate magistracy and no person or collection of persons charged with the exercise of powers properly belonging to one of those departments is permitted to exercise any power properly belonging to either |