tainly at any time after July 2. If it had done so, there never would have been any occasion, as there never was any excuse, for the letter of July 3, complained of in this

case.

of improper and evil motives to plaintiff, | done at any time after June 29, and cerwholly unwarranted, in view of the fact that defendant was informed by plaintiff's telegram of June 29 that the bank was instructed to pay it $29,000 on delivery to it by the defendant of proper releases of the Chittim cattle). Again the letter proceeded: "We sincerely hope, for your own good, and ours, too, that you will never have anything more to do with Sullivan, when the business has to come through our hands, as we know his business methods, and we are afraid to deal with him," which, as Lord Denman said in Tuson v. Evans, 12 Ad. & El. 733, was a "defamatory comment on the motives or conduct" of Sullivan; for which there was no provocation or foundation of fact in anything Sullivan did in this transaction, or is shown by the record in this case to have ever done. On the 5th of July defendant indorsed the notes covered by the deed of trust, without recourse, and delivered the mortgage, release of 2,500 cattle, and the notes to the bank, and received from it $29,000, just as it might have 47 L. R. A.

Thus, it conclusively appears, not only that the language complained of was libelous, and was not privileged, but also that the violence of the language used, and the improper and evil motives and conduct attributed to Sullivan, afforded sufficient prima facie evidence of actionable malice to take the case to the jury. It was a question of law for the court whether the letter was a privileged communication, but malice was a question of fact for the jury, if there was any evidence whatever of malice. Newell, Defamation, Slander & Libel 2d ed. p. 392, § 10; Arnold v. Jewett, 125 Mo. 241, 28 S. W. 614.

These conclusions result in reversing and remanding this case. It is so ordered.

All concur.

END OF CASES IN BOOK 47.

RÉSUMÉ OF THE DECISIONS PUBLISHED IN THIS BOOK.

SHOWING the Changes, Progress, and Development of the Law during the Third Quar ter of the Judicial Year Beginning with October 1, 1899. Classified as Follows:

I. PUBLIC, OFFICIAL, AND STATUTORY MATTERS.
II. CONTRACTUAL AND COMMERCIAL RELATIONS.
III. CORPORATIONS AND ASSOCIATIONS.

IV. DOMESTIC RELATIONS.

V. FIDUCIARIES OR REPRESENTATIVES.

VI. TORTS; NEGLIGENCE; INJURIES.
VII. PROPERTY RIGHTS; LIENS; TRUSTS.

VIII. CIVIL REMEDIES.

IX. CRIMINAL LAW AND PRACTICE.

I. PUBLIC, OFFICIAL, AND STATUTORY MATTERS.

Statutes.

The re-enactment of a state statute attempting to regulate the lien of Federal court judgments is held unnecessary to make it operative after Congress has authorized such legislation, although when the act was passed it was ineffectual for want of state authority over the subject. (Iowa) 469. An option given to cities incorporated under special charters, to adopt the provisions of a general law, is held not to make that statute violate constitutional provisions against special or local laws amending municipal charters, and providing that laws for such purposes must be general and uniform throughout the state. (Wis.) 441.

Public money.

License tax.

A license tax on merchandise brokers is held void as a regulation of commerce with respect to a broker engaged in selling goods, which are not in the state, solely by sample, for principals who are in other states. (Va.) 583.

An ordinance requiring a license for the use by merchants of trading stamps is upheld as a license for the purpose of raising revenue. (Wash.) 205.

Assessments.

The structure of an elevated railroad is

held to be property subject to assessment for benefits on account of a street pavement. (Ill.) 624.

A published notice of an assessment for loAn attempt by the legislature to appro-cal improvements which fails to show when, priate public moneys to pay a pardoned con- where, or before whom appearance can be vict for alleged wrongful imprisonment is made to contest the assessment, is insuffiheld subject to constitutional provisions as cient to satisfy the constitutional provision to appropriations for private purposes, and for due process of law. (Va.) 574. such a claim is held not to be one which the board of auditors can adjust. (Mich.) 117.

Taxes.

A fire tax to which the property of railroad companies is subject, without being entitled to any of the benefits of the tax, is held unconstitutional. (Kan.) 77.

The fact that an ordinance for a street assessment did not affirmatively show that benefits were considered is held insufficient

to require an injunction against the assess-
ment, when it is established that the benefits
were more than the assessment, and it does
not appear that the burden was not fairly
(Ohio) 156.
apportioned.

vent interference with light and air, is held to be for a public purpose justifying the expenditure of public money to pay compensation for injury to property rights, thus creating an easement of light, air, and view annexed to the park. (Mass.) 314.

A tax on contracts of insurance made with companies not authorized to do business in Eminent domain. the state, which is based on the premiums The restriction of the height of buildings paid, is held to violate the constitutional re- adjacent to a public square, made by statute quirement of uniformity. (Kan.) 68. for the purpose of promoting the beauty and Under a constitutional provision authoriz-attractiveness of the square or park and preing inheritance taxes upon all inheritances, etc., above a fixed and specified sum, but providing that the tax above such sum may be uniform or may be graded or progressive, it is held that a statute exempting devises of real property to persons and corporations whose property is exempt by law from taxation, and which allows a larger exemption An obligation imposed by statute upon a to lineal heirs than to collaterals, and does new county to pay bonds of the county out of not lay the tax on the excess of the value of which it was formed is held to be in the nathe property received above a uniform ex-ture of a specialty, not governed by the ordiempted sum, is unconstitutional. (Minn.) nary statute of limitations applying to contract obligations or liabilities in writing, and

525.

Counties.

(PUBLIC, OFFICIAL, AND STATUTORY MATTERS.)
|

the limitation period is held to begin at or after the date of the imposition of the obligation by the statute. (C. C. App. 9th C.)

459.

Local self-government.

A statute arbitrarily establishing a high school and requiring its maintenance by the people of the county is held not to be an unconstitutional interference with the right of local self-government. (Kan.) 67.

Courts.

election of such justices, without making any provision for decision of a tie vote in such cases, though a provision of this kind is made as to other officers. (Mo.) 551. Municipalities.

The liability of a municipal corporation for damages sustained by a person in enforc ing an unconstitutional and void ordinance is sustained. (Ky.) 593.

A municipal corporation is held not to be liable for injury to a person struck by a biA statute empowering the court to fix cycle ridden on a sidewalk by reason of its maximum water rates, on petition of a party failure to enact or enforce an ordinance proaggrieved, once in five years, is held consti-hibiting such riding. (Va.) 294. tutional on the ground that the primary purpose is to settle existing rights of parties in relation to each other, although it secondarily establishes a rate for all, and for the future as well as the past. (Mass.) 319.

Officers.

The right of a woman to be elected prosecuting attorney is denied under a constitutional provision that officers shall be chosen by the electors, when there is no provision expressly conferring on women the right to hold such office. (Mich.) 92.

The unconstitutionality of a legislative act is held not open to question by executive officers to defeat a mandamus to compel their performance of ministerial acts. (La.) 512. A tie vote for justice of the peace is held to create no vacancy which can be filled by appointment, under a constitutional provision that justices shall hold over until their successors are elected or appointed and qualified. (Mo.) 560.

The existence of a vacancy in the office of senator, requiring the election of a new incumbent is held to be a question which the courts cannot decide until it has been decided by the senate, under a constitutional provision making the senate the sole judge of the qualification and election of its members. (Md.) 622.

Elections.

A ballot law requiring an indorsement by official stamp on the back of a ballot, and the name or initials of the judge thereon, is held constitutional, and construed so as to cause the rejection of a ballot which is defective in either particular. (Wyo.) 842.

Leaving two columns of an official ballot uncrossed while the statute requires the voter to cross out all groups of candidates except one is held to render the entire ballot invalid, although in one column there was but a single name, and for most of the offices named in the other column it was left blank. (Mo.) 806.

A statute relating to the marking of ballots is construed and applied to a variety of markings. The court holds that certain merely technical variations from the form of mark specified do not vitiate the ballots, where the marks were evidently made in good faith. (S. D.) 830.

The power to decide between candidates for justice of the peace who have an equal number of votes, though a statute attempts to give it, is held to be contrary to a constitutional provision which provides for the

The right of a city to build waterworks of its own, after having granted a franchise to a water company which has constructed such works and is supplying water, is upheld where the franchise granted was not in terms exclusive, and there was no agreement, express or implied, to prevent the city from erecting its own works, and the charter pow er of the city to construct, or authorize others to construct, such works, is held not to be in the alternative. (Wash.) 214.

Highways.

A telephone company having the right to string wires in a highway is held entitled to do the necessary trimming of trees therein without giving the landowner an opportunity to do it, but being answerable for any unnecessary, improper, or excessive cutting. (Mich.) 497.

The consent of a municipality is held not to be necessary to the use of streets by telephone companies under a statute which gives the authority in general terms, without requiring such permission. (Mich.) 104. Bicycle paths.

The establishment of bicycle paths by county authorities, and the use of a portion of a public highway therefor, are held to be ratified by a statute making it a misdemeanor to drive animals or vehicles other than bicycles on such paths. (Minn.) 144.

bles within the business part of a city, exAn ordinance prohibiting any livery sta valid for discrimination, and also for except those already in operation, is held incess of authority, where the statute provides for the regulation of stables, but not for their suppression. (La.) 652.

ceive intoxicating liquors within a munic An ordinance making it unlawful to reipality notwithstanding the fact that they had been lawfully purchased elsewhere is held not to be authorized by the general welfare clause in a city charter. (Ga.) 366.

An ordinance requiring saloons to be closed between 10 P. M. and 4 A. M., and on Sundays, is held valid, but a provision requiring curtains on front doors and windows to be removed from sunset to sunrise, and

closing, is held unreasonable and void. (Tenn.) 278.

(CONTRACTUAL AND COMMERCIAL RELATIONS.) making it a misdemeanor to let any person in or out of the saloon during the hours of

II. CONTRACTUAL AND COMMERCIAL RELATIONS.

An eight-hour law applying to smelters is held unconstitutional as an interference with the liberty of the citizen, and his right to acquire and possess property. (Colo.)

52.

An eight-hour law applicable only to employees of the state or of some municipality or subdivision of the state is held valid. (Kan.) 380.

A statute prohibiting payment of the wages of employees of a corporation or trust employing ten or more persons in anything but lawful money is held void as a deprivation of property without due process of law or the equal protection of the laws. (Kan.) 369.

Duress.

Threats which actually put a person in such fear as to make him incapable of exercising his free will are held sufficient to constitute duress, although they would not have such an effect upon a person of ordinary firmness and courage. (Wis.) 417.

Mistake.

A mutual mistake in pointing out boundary lines, though without any fraud or intentional misrepresentation, is held to justify a rescission, where the vendee gets only half of the quantity and less than half the value of the property bargained for. (Tenn.) 267.

Carriers.

A statute requiring corporations to pay wages monthly, and in default thereof giving a lien for the wages on all the property of the corporation superior to any other liens except duly recorded mortgages and deeds of trust, and also giving an attorney's fee in case of suit, with the right to attach prop-side the city. (Ky.) 383. erty, is held unconstitutional because of the discrimination against corporations and their employees. (Cal.) 338.

One licensed as a common carrier within a city is held liable as such when carrying goods beyond the city limits under an agreement to take them to a certain point, withnot have been compelled to carry them outout any urther contract, although he could

A statute making it unlawful to screen coal mined at quantity rates before it is weighed and credited to the employees is held constitutional, where it leaves the parties free to contract for work at day wages or for wages based on the amount of screened coal. (Kan.) 71.

Interstate commerce.

An agent who collects garments and sends them to another state to a laundry, and redelivers them to their owners when returned, is held not to be engaged in interstate commerce because the transaction is not commercial in its nature. (Tenn.) 416.

Public contract.

A contract for a garbage crematory is held invalid when let without filing any plan as required by a city charter, and upon specifications so indefinite as to evade the statutory provisions requiring bids. (Wis.) 685. Validity.

A contract to furnish crushed stone to a paving contractor, delivered on the street, in such quantities as may be desired," is held not to bind the promisor to furnish all that was needed for paving that street, since the contractor was not bound to take such quantity. (Wis.) 427.

A rule that baggage will not be checked more than half an hour before train time is held not to be unreasonable as matter of law. (Wis.) 221.

Hackmen at depot.

tween hackmen and private carriers with reDiscrimination by a railroad company bespect to the right to enter the depot to solicit business from passengers is held lawful, but discrimination between them at points outside the depot is held illegal. (Minn.) 532. Banks.

which it is an indorser is held to have no A bank receiving for collection a note on defense on account of its own failure to make presentment and demand. (Ark.) 329.

The selection by a bank of its regular correspondent for an agent in the collection of a check which the initial bank has received for collection is held to indicate proper care, (Tenn.) 270.

Consignment.

An ordinary consignment of goods for sale, retaining title, is held to give no power to the consignee to pass title to the goods even to an innocent purchaser, when he sells them the same day they are received as part of his entire stock and business. (Conn.) 601.

A consignment to the consignor's order, where the bill of lading with draft attached is sent to a bank to be delivered when the draft is paid, and stipulates that it must be surrendered in order to obtain the delivery of the goods, does not pass title to them, or entitle the person for whom they were sent to their delivery by the carrier without surrendering the bill of lading, although the bank refuses to surrender it to him or accept his tender of the amount of the draft. (Md.) 124.

(CORPORATIONS AND ASSOCIATIONS.)

III. CORPORATIONS AND ASSOCIATIONS.