13. A contract that goods shall be at the
risk of the consignors when unloaded on a
platform at a station where there is no build
ing or any agent of the carrier is not against
public policy.
ld.
14. Unloading goods during a storm on an
open platform and leaving them unprotected
from the weather is not a fault of the carrier
where there is no building at that station or
any agent of the carrier, and the bill of lading
provides that when delivered on the platform
they are at the risk of the owner.
A check is properly presented to a bank
for payment where the notary public takes it to
the bank during banking hours for the pur-
pose, and upon finding the doors closed makes
a demand upon the bank president, although
the controller of the currency has taken
Niblack v. Park Nat.
charge of the bank.
Bank (Ill.)
159
CIGARETTES. See COMMERCE, 3.
CIGAR MAKERS' UNION. See TRADE
MARK, 4, 5.
CITY ATTORNEY. See OFFICERS, 2.
COAL. See EVIDENCE, 5; PARTITION, 1;
PILOT.
300 COASTING.
535
See NEGLIGENCE, 3;
1. The failure of a servant or agent to pay
over on demand money which he has collected
for his principal will not sustain an action of
trespass on the case, but the only remedy is
by assumpsit or debt. Royce v. Oakes (R. I.)
845
2. A man who hires lodging rooms in a
dwelling house is liable to the owner for inju-
ries to the good name of the house and the
damage to the owner's custom and business, if
he brings dissolute and immoral persons to
such rooms, and applies the rooms to the pur-
poses of assignation or to create a nuisance
therein. Sullivan v. Waterman (R. I.) 773
CASTING VOTE. See PARLIAMENTARY
LAW.
An examination of the evidence may
be made on certiorari for the purpose of de-
termining the claim that the court exceeded
its power. McClatchy v. Sacramento County
Super. Ct. (Cal.)
691
CHARITIES.
PORATIONS, 5.
See also MUNICIPAL COR
1. A bequest to the pastor of a specified
church "that masses may be said for me," al-
though not a charity, creates a valid private
trust. Moran v. Moran (Iowa)
204
2. A bequest of money "to be divided
among the Sisters of Charity," without any
limitation as to locality, state, or nation, and
without any provision for the exercise of dis-
cretion by the trustees, is void for uncertainty.
NOTES AND BRIEFS.
In street, as a nuisance.
COCAINE. See CRIMINAL LAW, 1.
COLLATERAL
INHERITANCE
TAX. See CONSTITUTIONAL LAW, 8,
13, 18; TAXES, 11-13.
COLLEGE. See CONTRACTS, 1, 5, 6, 8, 9.
COMMERCE. See also CONTRACTS, 12.
1. The nonexercise by Congress of its
power to regulate commerce among the states
is equivalent to a declaration that such com-
merce shall be free from any restrictions. State
v. Duckworth (Id.)
Id. 5. An original package is that package
which is delivered by the importer to the car-accused for trial in a tribunal in which the
rier at the initial point of shipment, in the ex- justice has no voice. State v. Henley (Tenn.)
act condition in which it was shipped.
NOTES AND BRIEFS.
Commerce; discrimination against imported
sheep.
365
484
What are original packages.
COMMON LAW. See also EVIDENCE, 3;
WATERS, 2, 3.
The legislative adoption of so much of
the common law as is applicable to the con-
dition of the state of Washington does not in-
clude vendor's liens. Smith v. Allen (Wash.)
82
CONDITIONAL SALE. See SALE.
CONFLICT OF LAWS. See also BET.
1. A contract of another state, valid where
it was made, will not be enforced in a state in
which it is forbidden by public policy. Gooch
v. Faucette (N. C.)
2. The validity of a chattel mortgage ex-
ecuted by an insolvent foreign corporation in
the state which created it, to secure a creditor
residing in that state, must be determined by
the laws of the state in which the property is
situated. Fowler v. Bell (Tex.)
254
3. The marriage in another state, where it
is lawful, of a divorced man and his paramour,
who go there to evade the law of their domi-
cil, which prohibits their marriage during the
life of the former wife, is not valid in the lat-
Re Stull's Estate (Pa.)
Conflict of laws; marriage in other state to
evade law of domicil.
539
6. Ordinary services such as may be re-
quired of all citizens or officials by general or
valid special laws are not particular services
within the provision of Tenn. Const. art. 1,
§ 21, providing that no man's particular serv-
ices shall be demanded without the consent of
his representatives or just compensation. Id.
7. The property of an expert witness is
not taken without just compensation, by re-
quiring him to give his opinion as an expert
without other compensation than ordinary
witness fees. Dixon v... People (Ill.)
116
Vested rights.
8. A statute taxing the right already vested
to take shares of an estate of a person who
died before the act was passed, but which is
yet subject to the control of the probate court
and not yet distributed, is not an uncon-
stitutional impairment of vested rights. State,
Gelsthorpe, v. Furnell (Mont.)
Due process of law.
9. An order by a judge for the temporary
confinement of a person alleged to be insane,
pending proceedings for the determination of
that question, is not a denial of due process of
law when made on a written complaint and
affidavit to the fact of insanity, but it is clearly
within the police power of the state, and is for
See also the restraint of a dangerous person in an emer-
ANIMALS, 1; COURTS, 3; CRIMINAL LAW,gency. Porter v. Ritch (Conn.)
353
3, 4; EMINENT DOMAIN, 1; WITNESSES, 3.
10. Refusal to permit a man charged with
1. A constitutional provision against tak- contempt by publications respecting evidence
ing or damaging property for public use within a judicial trial, to show in defense that the
out just compensation is self-executing. Searle publications were true, and for this purpose to
v. Lead (S. D.)
345 disprove the accuracy of the reporter's notes
which have been offered against him, is such a
2. The incapacity of the legislature to ex-deprivation of his constitutional right to make
ecute a power which is essentially and merely a defense as to be a denial of due process of
a judicial power, and of the judiciary to ex- law. McClatchy v. Sacremento County Super.
ecute a power which is essentially and merely
Ct. (Cal.)
a legislative power, as well as the limitation of
the meaning of legislative power by force of
certain primary principles of government fairly
embodied in the Constitution, and by the
necessities involved in the separation and in-
dependence of distinct departments of govern-
ment, is fundamental to the very existence of
constitutional government as established in the
United States. Norwalk Street R. Co.'s Ap-
peal (Conn.)
794
3. The right to a fair trial involved in the
constitutional provision for trial by jury is not
infringed by a statute making the costs and
fees payable to officers and witnesses in a crim-
inal case depend on conviction, where this
provision does not apply to the jury, and ap
plies to a justice of the peace only in cases
where his power is merely to bind over the
11. A statute making an employer's samples
liable to a lien for hotel bills of his traveling
salesman in whose possession they are does not
deprive him of his property without due pro-
cess of law. Brown Shoe Co. v. Hunt (Iowa)
12. A statute reducing the power of a city
to levy taxes to pay a judgment does not de-
prive the owner of the judgment of his prop-
erty therein without due process of law.
man v. Langham (Tex.)
13. A succession tax does not take property
without due process of law when it is imposed
on all property which passes by will or intes-
tate laws except when the estate is less than
$7,500. State, Gelsthorpe, v. Furnell (Mont.)
CONTEMPT. See also CONSTITUTIONAL
LAW, 10; JUDGMENT, 1; PLEADING, 10.
1. A physician duly subpoenaed and in-
terrogated as an expert witness can be punished
as for a contempt if he refuses to testify with-
out receiving compensation other than ordinary
witness fees. Dixon v. People (Ill.)
116
2. Locking the door of a court room dur-
ing the adjournment of court, and refusing to
allow the judge of the court and his officers
and the parties to the suit on hearing before
him to enter the court-room at the time to
which court was adjourned, is a contempt of
court. Dahnke v. People (Ill.)
197
3. Civil as well as criminal contempts are
within the provisions of U. S. Rev. Stat. § 725,
authorizing fine or imprisonment only, as a
punishment therefor, and this is applicable to
the District of Columbia. Hovey v. Elliott (N.
Y.)
16. Discrimination between sheep brought
into the state and those which are already
therein, made by Id. Sess. Laws 1895, p. 125,
and Id. Sess. Laws 1897, p. 115, requiring all
sheep, whether healthy or not, to be dipped be
fore they are brought into the state at any time
of year, while sheep within the state are ex-
empt from dipping between December 1 and the
time when they are sheared in the following
spring, and also exempting ewes with lambs
between March 15 and May 15,-constitutes a
violation of the equal privileges and immunities
of citizens in the several states. State v. Duck-V. Fogarty (Iowa)
worth (Id.)
17. Discrimination in favor of nonresidents
of a town or city, by a statute granting them
partial or entire exemption from penalties for
allowing stock to run at large in the streets is
not unconstitutional as a grant of any "ex-
clusive or separate emoluments or privileges,'
or as a denial to any person of the equal pro-
tection of the laws.. Broadfoot v. Fayetteville
245
(N. C.)
18. An inheritance tax does not deny to any
one the equal protection of the laws because it
exempts estates less than $7,500 each. State,
Gelsthorpe, v. Furnell (Mont.)
Police power, affecting property.
19. The private rights of property of the
owners of animals are not infringed by an
ordinance requiring that the animals shall not
be cruelly treated in the public places of a city.
State v. Karstendiek (La.)
20. An ordinance making it unlawful to sell
fresh pork or sausage made thereof between
June 1 and October is unreasonable and void,
since it violates the inalienable right of man
to procure food. Helena v. Dwyer (Ark.)
4. Continuing a case to the following day
to permit the completion of the jury from the
regular panel, rather than from talesmen, is no
abuse of discretion or violation of law.
Contempt; right to defend in case of.
CONTRACTS. See also ACTION OR SUIT,
4; BET; ESTOPPEL, 2; REPLEVIN.
1. A binding contract is made by a sub-
scription to secure the location of a college at
a certain town, when the required amount is
subscribed, and the subscription accepted, and
the college located at that place, while agencies
are constituted and put to work to carry out the
enterprise. Rogers v. Galloway Female College
636
(Ark.)
2. No contract between a city and the
holder of its bonds is created, with respect to
the continued application of the revenues of
gas works to a sinking fund, by an ordinance
which, merely for the protection of the city,
imposed on the trustees of the gas works the
obligation of paying money into the sinking
fund, where no pledge was made to the loan
holders. Baily v. Philadelphia (Pa.)
3. A railroad engineer employed under a
contract by which the employer agrees to pay
him according to specified rates for his services,
not to discharge him without just cause, to pro-
mote him according to specified grades of serv
ice, and when discharges of engineers are made
to discharge in the order of juniority in service,
may, in the absence of any agreement by the
engineer to stay for any special time, be dis-
charged at any time because of the want of
mutuality, notwithstanding the implied under-
taking on the part of the company to retain
him in its service as long as he serves accepta-
bly. St. Louis, I. M. & S. R. Co. v. Matheus
(Ark.)
statute of frauds.
4. A contract between cosureties fixing
the proportion and extent of their several or
correlative liability as between themselves is
Rose v. Wol-
not within the statute of frauds.
lenberg (Or.)
378
which is delivered by the importer to the car | accused for trial in a tribunal in which the
rier at the initial point of shipment, in the ex- justice has no voice. State v. Henley (Tenn.)
act condition in which it was shipped.
NOTES AND BRIEFS.
Commerce; discrimination against imported
sheep.
365
484
What are original packages.
COMMON LAW. See also EVIDENCE, 3;
WATERS, 2, 3.
The legislative adoption of so much of
the common law as is applicable to the con-
dition of the state of Washington does not in-
clude vendor's liens. Smith v. Allen (Wash.)
82
CONDITIONAL SALE. See SALE.
CONFLICT OF LAWS. See also BET.
1. A contract of another state, valid where
it was made, will not be enforced in a state in
which it is forbidden by public policy. Gooch
v. Faucette (N. C.)
2. The validity of a chattel mortgage ex-
ecuted by an insolvent foreign corporation in
the state which created it, to secure a creditor
residing in that state, must be determined by
the laws of the state in which the property is
situated. Fowler v. Bell (Tex.)
254
3. The marriage in another state, where it
is lawful, of a divorced man and his paramour,
who go there to evade the law of their domi-
cil, which prohibits their marriage during the
life of the former wife, is not valid in the lat-
ter state. Re Stull's Estate (Pa.)
NOTES AND BRIEFS.
Conflict of laws; marriage in other state to
evade law of domicil.
539
CONSTITUTIONAL LAW.
See also
ANIMALS, 1; COURTS, 3; CRIMINAL LAW,
3, 4; EMINENT DOMAIN, 1; WITNESSES, 3.
1. A constitutional provision against tak-
ing or damaging property for public use with-
out just compensation is self-executing. Searle
v. Lead (S. D.)
345
2. The incapacity of the legislature to ex-
ecute a power which is essentially and merely
a judicial power, and of the judiciary to ex-
ecute a power which is essentially and merely
a legislative power, as well as the limitation of
the meaning of legislative power by force of
certain primary principles of government fairly
embodied in the Constitution, and by the
necessities involved in the separation and in-
dependence of distinct departments of govern-
ment, is fundamental to the very existence of
constitutional government as established in the
United States. Norwalk Street R. Co.'s Ap-
peal (Conn.)
794
3. The right to a fair trial involved in the
constitutional provision for trial by jury is not
infringed by a statute making the costs and
fees payable to officers and witnesses in a crim-
inal case depend on conviction, where this
provision does not apply to the jury, and ap
plies to a justice of the peace only in cases
where his power is merely to bind over the
4. The legislature has unlimited power to
act in its own sphere of legislation, except so
far as restrained by the Constitution of the
United States and the Constitution of the state.
Id.
5. A statute which does not violate some
provision of the Constitution cannot be an-
nulled by the courts, whether its provisions
are wise or unwise, or whether its operations
be hurtful or beneficial.
6. Ordinary services such as may be re-
quired of all citizens or officials by general or
valid special laws are not particular services
within the provision of Tenn. Const. art. 1,
§ 21, providing that no man's particular serv-
ices shall be demanded without the consent of
his representatives or just compensation. Id.
7. The property of an expert witness is
not taken without just compensation, by re-
quiring him to give his opinion as an expert
without other compensation than ordinary
witness fees. Dixon v. People (Ill.)
116
Vested rights.
8. A statute taxing the right already vested
died before the act was passed, but which is
to take shares of an estate of a person who
yet subject to the control of the probate court
and not yet distributed, is not an uncon-
stitutional impairment of vested rights. State,
Gelsthorpe, v. Furnell (Mont.)
Due process of law.
9. An order by a judge for the temporary
confinement of a person alleged to be insane,
pending proceedings for the determination of
that question, is not a denial of due process of
law when made on a written complaint and
affidavit to the fact of insanity, but it is clearly
within the police power of the state, and is for
the restraint of a dangerous person in an emer-
| gency. Porter v. Ritch (Conn.)
353
10. Refusal to permit a man charged with
contempt by publications respecting evidence
in a judicial trial, to show in defense that the
publications were true, and for this purpose to
disprove the accuracy of the reporter's notes
which have been offered against him, is such a
deprivation of his constitutional right to make
a defense as to be a denial of due process of
law. McClatchy v. Sacremento County Super.
Ct. (Cal.)
11. A statute making an employer's samples
liable to a lien for hotel bills of his traveling
salesman in whose possession they are does not
deprive him of his property without due pro-
cess of law. Brown Shoe Co. v. Hunt (Iowa)
CONTEMPT. See also CONSTITUTIONAL
LAW, 10; JUDGMENT, 1; PLEADING, 10.
1. A physician duly subpoenaed and in-
terrogated as an expert witness can be punished
as for a contempt if he refuses to testify with-
out receiving compensation other than ordinary
witness fees. Dixon v. People (Ill.)
116
ing the adjournment of court, and refusing to
2. Locking the door of a court room dur-
allow the judge of the court and his officers
and the parties to the suit on hearing before
him to enter the court-room at the time to
which court was adjourned, is a contempt of
court. Dahnke v. People (Ill.)
3. Civil as well as criminal contempts are
within the provisions of U. S. Rev. Stat. § 725,
punishment therefor, and this is applicable to
authorizing fine or imprisonment only, as a
the District of Columbia. Hovey v. Elliott (N.
Y.)
16. Discrimination between sheep brought
into the state and those which are already
therein, made by Id. Sess. Laws 1895, p. 125,
and Id. Sess. Laws 1897, p. 115, requiring all
sheep, whether healthy or not, to be dipped be
fore they are brought into the state at any time
of year, while sheep within the state are ex-
empt from dipping between December 1 and the
time when they are sheared in the following
spring, and also exempting ewes with lambs
between March 15 and May 15,-constitutes a
violation of the equal privileges and immunities
of citizens in the several states. State v. Duck-v. Fogarty (Iowa)
worth (Id.)
17. Discrimination in favor of nonresidents
of a town or city, by a statute granting them
partial or entire exemption from penalties for
allowing stock to run at large in the streets is
not unconstitutional as a grant of any "ex-
clusive or separate emoluments or privileges,'
or as a denial to any person of the equal pro-
tection of the laws.. Broadfoot v. Fayetteville
(N. C.)
245
18. An inheritance tax does not deny to any
one the equal protection of the laws because it
exempts estates less than $7,500 each. State,
Gelsthorpe, v. Furnell (Mont.)
170
Police power, affecting property.
19. The private rights of property of the
owners of animals are not infringed by an
ordinance requiring that the animals shall not
be cruelly treated in the public places of a city.
State v. Karstendiek (La.)
520
20. An ordinance making it unlawful to sell
fresh pork or sausage made thereof between
June 1 and October is unreasonable and void,
since it violates the inalienable right of man
to procure food. Helena v. Dwyer (Ark.)
21. An ordinance providing that a dog
seized while running at large shall be killed if
not ransomed by payment of $1 before
10 o'clock of the morning after it has been de-
tained twenty-four hours, and providing for a
notice of the seizure to be given to the owner
of any dog having a collar with the owner's
name thereon, is not unconstitutional or so
unreasonable that the court can hold it void.
Hagerstown v. Witmer (Md.)
Constitutional law; separation of depart
ments of government.
As to compulsory service by witnesses
out compensation.
Decision against constitutional right
nullity subject to collateral attack.
4. Continuing a case to the following day
to permit the completion of the jury from the
regular panel, rather than from talesmen, is no
abuse of discretion or violation of law.
contract by which the employer agrees to pay
3. A railroad engineer employed under a
him according to specified rates for his services,
not to discharge him without just cause, to pro-
mote him according to specified grades of serv-
ice, and when discharges of engineers are made
to discharge in the order of juniority in service,
may, in the absence of any agreement by the
engineer to stay for any special time, be dis-
charged at any time because of the want of
mutuality, notwithstanding the implied under-
taking on the part of the company to retain
him in its service as long as he serves accepta-
bly. St. Louis, I. M. & S. R. Co. v. Mathews
(Ark.)
467
statute of frauds.
4. A contract between cosureties fixing
with- the proportion and extent of their several or
116 correlative liability as between themselves is
as a not within the statute of frauds. Rose v. Wol
449lenberg (Or.)
378
|