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dissolution.-In re Cinque, U. 8. D. C., E. D. (N. Y.), sequent purchaser of such bonds, unless it is shown 109 Fed. Rep. 455.
that he bought before maturity and without notice of 94. HIGHWAYS-Street Assessment-Front Foot Rule. the judgment.-Corliss v. Pulaski County, U. 8. C. O.; -Street assessment law is not repugnant to Const. U.
N. D. (Cal.), 109 Fod. Rep. 842. S., because expense is to be assessed in proportion to 106 JODGMENT-Dismissal -Adjudication on Merits. the frontage of the lots.-San Francisco Pav. Co. v. -A judgment dismissing an action on the sole ground Bates, Cal., 66 Pac. Rep. 2.
that the court has no jurisdiction is not an adjudica95. HOSPITAL-Liability for Negligence.-A patient
tion on the merits, and is no bar to another action for in a public hospital, chartered as a charitable cor.
the same chose.--Buoker Hill & Sullivan Mining & poration, although under private management, can. Concentrating Co. v. Shoshone Mio. Co., U. 8. C. C. of not recover from such corporation for injuries result.
App., Ninth Circuit, 109 Fed. Rop. 504. ing from the negligence of a nurse employed in its 107. LIBEL AND SLANDER-Charging Insanity.-A hospital. – Powers v. Massachusetts Homeopathic publication falsely charging that plaintiff was of unHospital, U. S. 0. C. of App., First Circuit,, 109 Fod. sound mind, who in consequence was removed from Rep. 294.
a position as professor in a scientific school, will eap. 96. HOSBAND AND WIFE-Lands of Wite.-Under the port an action for libel.-Totten v. Sun Printing & laws of Vermont, lands of a wife held under a deed
Publishing Assn., U. S. 0. C., S. D. (N. Y.), 109 Fed. Rep. contaiping no limitation as to their use and farmed by
289. her husband, are not the wife's separate property, and 108. LIBEL AND SLANDER-Retraction - Damages.-In their products are assets of the husband's estate in action for libel against a New Jersey corporation, bankruptcy.-In re Rooney, U. 8. D, C., D. (VI.), 109 | Laws N. J. 1898, ch. 204, limiting for recovering to act. Fed. Rop. 601.
ual damages where po demand for retraction has been 97. INDICEMENT AND INFORMATION-Demurrer.-The
made, held not harmful.- Foye v. Guardian Printing truth of specific averments of fact made in criminal
& Pub. Co., U.S.O.O., E, D. (N. Y.), 109 Fed. Rep. 368. information cannot be put in issue and determined on 109. MARRIAGE-Uncle and Niece.-Marriage between demurrer, unless the evidence nccessary to such de. uncle and niece, though valid in Russia, where celetermination appears from the record.-United States brated, held invalid in Pennsylvania.-United States v. Morrison, U. 8. D. C., S. D. (Iowa), 109 Fed. Rep. v. Rogers, U. 8. D. O., E. D. (Pa.), 109 Fed. Rep. 886. 891.
110. MASTER AND SERVANT-Assumption of Risk.-A 98. INJONCTION-Interlocutory Appeal.-On an appeal
minor held to have assumed the risk of injury from from an interlocutory order granting a preliminary
the use of a certain kind of tamping bar furuisbed by injunction, the court will not epter upon the merite
his employer, and which he used without objection, of the suit, except to determine whether or not there
where, it such bar was more dangerous than others in was an abuse of legal discretion.-Murray v. Bender,
use, he was fully qualified to understand and appreU.S. 0. C. of App., Ninth Circuit, 109 Fed. Rep. 585.
ciate such fact.-King v. Morgan, U, S. C. C. of App., 99. INJUNCTION-No Irreparable Injury.- A prelimin. Eighth Circuit, 109 Fed. Rep. 446. ary injunction will not be granted where its denial
111. MASTER AND SERVANT--Assumption of Risk.-A will involve no risk of irreparable injury to complain.
servant ounnot be required to assume the risk from a ant.-Milier v. Mutual Reserve Fund Lite Assn., U.S.
danger which arises from the failure of the inaster to 0. C., 8. D. (N. Y.), 109 Fed. Rep. 278.
perform the duty imp ised on him by law to exercise 100. INSANE PERSONS-Final Settlement of Guardian. ordinary care io suppiyi.g reasonable safe tools or -The administrator of the estate of a deceased incom.
appliances or a reasonably safe place to work.petent may contest the fioul account of the guardian Southern Pac. Co. v. Yeargin, U. S. 0. 0. of App., of such incompetent.-In re Averill's Estate, Cul., 66 Eighth Circuit, 109 Fed. Rep. 436. Pac. Rep. 14.
112. MASTER AND SERVANT-Fellow.Servant-Fore. 101. INSANE PERSONS-Guardian-Loaning Money.
man.-A foreman, engaged in the actual work of di. Where a guardian loans the money of his ward on the
recting the operations of a pile driver, is a fellow. solo credit of the borrower, he must show that he
servant with the other members of the pile driver acted in good faith and with due prudence.- In re
gang, for whose negligence, resulting in injury to an. Averill's Estate, Cal., 66 Pac. Rep. 14.
other workinan, the master is not responsible; and it 102. INSURANCE-Acceptance of Risk.-The action of is immaterial that he is also general foreman of the a clerk in the office of an insurance company, in fill. work, with power to hire and discharge the other ing up a slip reporting a risk to be indorsed under a employees. -McDonald v. Buckley, U. S. 0. 0. of App., marine policy and checking the same for entry as a Fifth Circuit, 109 Fed. RHp. 290. matter of routine, beld not to be an acceptance of the 113. MASTER AND SERVANT-Safe Place to Work.- The risk by the company.-Deleware Ios. Co. of Phila. death of a servant held to have been due to the failure delphia v. s. 8. White Dental M'g. Co., U. 8. C. . of of the master to exercise due cure to provide him with App., Third Circuit, 109 Fed. Rep. 334.
a reasonable sute place in which to work.-Beattie v. 103. ISSORANCE-Misrepresentations - Constitution.
Edge Moor Bridge Works, U. 8. O.O., S. D. (N. Y.), 109 ality of Statutory Regulation. -Statute providing that
Fed. Rep. 233. misrepresentation by an insured shall not lovalidate
114. MECHANICS' LIENS-Priority of Mortgage.-The his policy, unless made with actual intent to deceive, mechanic's lien statute of Arkansas construed as to or unless the matter misrepresented increases the priority of a mortgage given for money to be used in risk of loss, is not unconstitutional, as special legisla.
the construction of a building over mechanics' liens tion, because it exempts from its operation contracte filed against the property for labor and materials tur. for mutual insurance.-Fidelity & Casualty Co. of New nished for such building.-In re Mattbews, U. S. D.O., York v. Freeman, U. 8.0.0. of App., Sixth Circuit, W.D. (Ark.), 109 Fed. Rep. 603. 109 Fed. Rep. 847.
115. MINES-Minerals-Discovery of Gold on Public 104. INTEREST-Coupong.-Interest is not recoverabl
Land.- Whore plaintiff found gold while working for on coupons attached to railroad bonds payable in New defendants in excavating a mill site on public land, York, and which remain in the bands of the holder of defendants have no claims to the gold under Civil the bonds and attached thereto.-Columbus 8. & H. R. Code, $ 1985.-Burns V. Clark, Cal., 66 Pac. Rep. 12. Oo. Appeals, U. 8.0.0. of App., Sixth Circuit, 109 Fed. 110. MINES AND MINERALS-Patent-Presumptions.Rep. 177.
A patent for a mining claim is conclusive that the 106. JODGMENT-Conclusiveness.--A judgment ren. location upon which it was issued WAS prior to every dered in an action on coupons from municipal bonds, other location.-Bunker Hill & Sullivan Mining & Con. adjudging the bonds void, 18 conclusive against a sub. I centrating Co. v. Empire State.Idaho Mining & De.
veloping Co., U. S. C. C. of App., Ninth Circuit, 109 Fed. Rep. 538.
117. MORTGAGB8-Bona Fide Purchaser.-A mortgage securing negotlable potes, altbough Its delivery was procured by fraud, and the acknowledgment olled out and certified by a potary when it was never in fact acknowledged, is enforceable in the hands of a bona Aide parchaser of the notes for value add before matu. rity.-O'Rourke v. Wabl, U.S.C.C. of App., Seventh Circult, 109 Fed. Rep. 278.
118. MORTGAGES — Foreclosure – Renewal Notes.Wbere a note for one year provides for renewal from year to year at the option of the holder, it may be de. clared due, and the security foreclosed, at the begin. ping of any year after the first.-Sacramento Bank v. Copsey, Cal., 66 Pac. Rep. 8.
119. MORTGAGES-Interest.-In determining amount due on modification of decree io foreclosure after ap. peal, held error to charge interest on total amount of debt, without crediting proceeds 00 foreclosure.Taylor v. Ellenberger, Cal., 656 Pac. Rep. 4.
120. MORTGAGES-Purchase by Trustee.-A sale ot property by trustees in a trust deed to a bank, of which guob trustees were stockholders and directors, is not a galo to themselves; the bank being essentially 80 optity acting for itself.-Cupsey V. Sacramento Bank, Cal., 66 Pac. Rep. 7.
121. MORTGAGES-Redemption-Tender.-To redeem from mortgage foreclosure, unless mortgagee is a Don resident or mortgage is fraudulent, plaintiff must allego a tender of payment, or show that defendant, by default, has prevented plaintiff from performing. -Munro v. Barton, Me., 49 Atl. Rep 1069.
122. MORTGAGE:-Unpaid Balance.-When a note is secured by trust deed, on foreclosure, any unpaid balance may be recovered from the maker by action. -Sacramento Bapk v. Copsey, Cal., 66 Pac. Rep. 8.
123. MONICIPAL CORPORATIONE-Sale of Bonds With. out Advertising.-A contract by the trustees of the gioking fund of Cincinnati for the sale to a banking company of reluoding boods of the city, without ad. vertising or receiving bids therefor, is void.-Roberts & Co. y. Taft, U. S. C.C. of App., Sixth Circuit, 109 Fed. Kep. 825.
124. MUNICIPAL CORPORATIONS-Unreasonable Ordi. Dance.-An ordinance limiting speed to six miles an bour held void.-United Traction Co. v. City of Water. vliet, N. Y., 71 N. Y. Supp. 977.
125. NEGLIGENCE-Explosion of soda Water.-Ven. dor of seltzer water siphon held not liable to pur. chaser injured by its explosion.-Glazer v. Seitz, X. Y., 71 N. Y. Supp. 942.
126. NEW TRIAL-Surprise.-In action against railroad company for injuries received at accident, verdict for plaintiff set aside because of surprise at evidence as to the serious nature of the injuries received.-Dixon v. Brooklyn Heights R. Co., N. Y., 71 N. Y. Supp. 969..
197. NEW TRIAL-Two Findings of Jury Conclusive.After two findings by juries the same way on a ques. tion of fact, the verdict will not be disturbed because the weight of evidence seems to the court to be against such finding8.-Clark v. Barney Dumping Co., U. S.O. C., S. D. (N. Y.), 109 Fed. Rep. 235.
128. PLEADING-Demurrer.-As against & demurrer, a pleadiog will be deemed to allege wbatever can be implied from its statements by fair and reasonable in. tendments.-Acker, Merrall & Condit v. Richards, N. Y., 71 N. Y. Supp. 929.
129. PLEADING-Motion and Answer-Issues.-Where motion to set aside summods for insuficient service has been overruled, such issue cannot be again raised by answer.-Foye v. Guardian Printing & Publishing Co., U. S.C.C., E. D. (N. Y ), 109 Fed. Rep. 368.
130. POST OFFICE - Delrauding by Use of Mails.Ad indictment for defrauding by use of mails held in. suficient under Rev. St. $ 5480, as amended by Act
March 2, 1889, where it does not show or charge a scheme by which the person name would be de. frauded.-Milby v. United States, U.S. C. C. of App., Sixth Circuit, 109 Fed. Rep. 638.
131. PRINCIPAL AND AGENT-Discretion of Agent.In a power of attorney to sell land for such price as the agent may deem best, & provision that the sale must be subject to the approval of the principal is pot repugnant.-Alcorn v. Buschke, Cal., 66 Pac. Rep. 15.
132. PUBLIC LANDS-Connecting Survey.-Where the United States plats and patents land by a lake on the theory that the land is bounded by the lake, it cannot thereafter correct its survey and revoke its grants as against innocent purchasers from its patentees.-Kır. wan v. Murphy, U.S. C. C. of App., Eighth Circuit, 109 Fed. Rep. 354.
133. PUBLIC LANDS - Timber Rights.-Under Act March 3, 1875, giving a right to cut timber on adjacent public lands for use in the construction of a rallroad over such lands, a railroad company is authorized to cut timber on lands adjacent to any part of its com. pleted maln line for use in the subsequent construction of a branch line quthorized by its charter.-United States v. Price Trading Co., U.S.C. C. of App., Eighth Circuit, 109 Fed. Rep. 239.
134. QUIETING TITLE - School ? Lands.-Where the grantee in a deed conveying land for school purposes only abandon the land, and the grantor enters, he may sve to cancel deed and quiet title.-Papst v. Hamilton, Cal., 66 Pac. Rep. 10.
185. RAILROADA — Bondholders – Reorganization. Bondbolders who joined in a reorganization agree. ment, under which a new company was organized which purchased the property of the old at a foreclo. gure sale, and who exchanged their bonds for those of the new company, beld not entitled to a rescission of such agreement after the new company became insolv. ent.-Columbus, S. & H.R. Co. Appeals, U. S. C.C. of App., Sixth Circuit, 109 Fed. Rep. 177.
136. RAILROADS -- Subcontractor's Llens.-Act Feb. 25, 1889 (Laws Oreg. 1889, p. 75), providing for llen upon railrouds in favor of subcontractors and laborers, su. persedes, and, by implication, repeals, the prior me. chanic's lien law of the state as applied to rallroads.Ban v. Columbia Southern Ry. Co., U. 8. C. C., D. (Oreg.), 109 Fed. Rep. 199.
137. RECEIVERS-Agreement to Redeem Mileage.An agreement by & railroad receiver to pay the amount of mileage previously sold by the company over the road of another company which shall be redeemed by such company does not make the claim theretor a debt of the receivership.-Monsarrat v. Mercantile Trust Co. U. 8. C. C. of App., Sixth Circuit, 109 Fed. Rep. 230.
138. RECEIVERS-Certificates-Lieng.-Receivers' cer. tificates issued by authority of an order made in a railroad foreclosure guit held not to constitute a llen on the property after sale under the terms of the order and decree of sale.-Columbus, S. & H. R. Co. Appeals, U.S.C.C. of App., Sixth Circuit, 109 Fed. Rep. 177.
139. RECEIVER — Suing Outside of Jurisdiction.-A Minnesota receiver appointed to collect from the stockholders of an insolvent corporation the amount of their statutory liability for the benefit of all the creditors, may maintain an action at law in a federal court'in another state against a stockholder residing therein.-Hale v. Hilliker, U.S. C. C., N. D. (N. Y.) 109 Fed. Rep. 273.
140. REFORMATION OF INSTRUMENT - Parties.- Ref. ormation of deed denied, suit not being between the parties to the deed.-Cole v. Fickett, Me., 49 Atl. Rep. 1066.
141. REPLEVIN-Attorney's Fees and Expenses.- In replevin by corporation, counsel fees and traveling expenses of president are not recoverable as dam: ages.-Hampton & B. R. & Lumber Co. v. Sizer, N. Y. 71 N. Y. Supp. 990.
142. SALES -Breach of Warranty.-Defects.-An an. swer, pleading as a partial defense to an action for the price of machinery delects in the workmanship and material in violation of the contract of sale, held sufficient.-Florence Oil & Refining Co. v. Farrar, U. S.C. C. of App., Eighth Circuit, 109 Fed. Rep. 254.
143. SALES-Crop-Failure.- Where a contract for a specified crop cannot be filled because of failure of the crop without fault of the vendor, the vepdee can. not recover damages for such failure.-Ontario De. ciduous Fruit Growers' Asep. IV. Cutting Fruit Packing Co., Cal., 66 Pac. Rep. 28.
144. SALES-Installments.- A contract for the sale of a large quantity of logs, to be delivered in installments each month during a period of eight years, and to be paid for in installments as delivered, construed, and held to be an entire contract for the sale of the full quantity reqiured to be delivered thereunder. - L. Bucki & Son Lumber Co v. Atlantic / umber Co., U.S. C. C. of App. Fifth Circuit, 109 Fed. Rep. 411.
145. SALVAGE-Measure.- Award of $200 galvage allowed for hauling ferry boat out of slip at the time of apparent danger from fire held proper.-The John I. Brady, U. S. D. 0., E. D. (Pa.), 109 Fed. Rep. 912.
146. SCHOOLS AND SCHOOL DISTRICTS-Orpban Asy. lum-Salaries.-Board of education of city held au. thorizd under constitution and statutes to pay sal aries to teachers in a local orpban asylum.-Sargent v. Board of Education of City of Rochester, N. Y.,71 N. Y. Supp. 954.
147. SPECIFIC PERFORMANCE-Tender of Payment.A purchaser of real estate, who is required to make payment by a day certaid, time being of the essence of the contract, is bound to make or tender such pay. ment within the time to entitle him to a specific per formance. Kentucky Distilleries & Warehouse Co. v. Warwick Co., U. S. C. C. of App., Sixth Circuit, 109 Fed. Rep. 280.
148. STATUTES-Construction. In construing a stat. ute, the intent of the legislature is always a proper matter to be considered.-In re Matthews, U. S. D. C., W.D. (Ark.), 109 Fed. Rep. 603.
149. TOWAGE-Degree of Skill.-The owner of a tug is not an insurer against marine perlls, and is llable only for the want of reasonable diligence and skill in the towing service; nor is an error of judgment on the part of the master equivalent to negligence.-The E. Luckenback, U. S. D. C., S. D. (N. Y.), 109 Fed. Rep. 487.
150. TRADE-MARKS AND TRADE-NAMES - Color and Shape of Label.-While no one can have a trademark monopoly in color of paper or shape of label, ip color of ink or in one or another detail, a general col. location of such details will be protected against an imitation, the natural result of which is to deceive purchasers, and which must therefore be presumed to have been adopted with that purpose.- Lalance & Grosjean Mfg. Co. v. National Enameling & Stamping Co., U.S.C.C., S. D. (N. Y.), 109 Fed. Rep. 317.
151. TRADE-MABKS AND TRADE-NAMES – "Omega' Oil.-Soap manufacturers enjoined from using the words "Omega Oil," belonging as a trade-mark to manufacturers of a liniment. – Omega Oil Co. v. Weschler, N. Y., 71 N. Y. Supp. 983.
152. TRADE-MARKS AND TRADE-NAMES. – Right of Retailer.-A purchaser of an article at wholesale has a right to retail the same under the name by which it is designated by the manufacturer, but not to designate it by a name used by the manufacturer, and which has become known to the public, as denoting a grade superior to that sold.-Russia Cement Co. v. Katzen stien, U.S.C.O., S. D. (N. Y.), 109 Fed. Rep. 314.
153. TRADE-MARKS AND TRADE-NAMES-Similarity.Trademark "Grape-Nuts" held not infringed by the name "Grain Hearts," under which a similar cereal food is gold.-Postum Cereal,Co. v. American Health Food Co., U. 8, C. C., E. D. (Pa.), 109 Fed. Rep. 898.
154. TRIAL-Instructions.- Where each side submits & number of instructions, and those given on the whole are fair, the verdict should not be set aside, though some are subject to criticism.-In re Keithley's Estate, Cal., 66 Pac. Rep. 5.
155. TRUSTS-Legal and Equitable Titles.-Where a person, through mistake, obtains legal title to property belonging to another, it is impressed with a trust in favor of the equitable owner.-Cole v. Fickett, Me., 49 Atl. Rep. 1066.
156. TRUST-Separable Trusts.-Where land was con. veyed to the daugbter of the grantor in trust for her use during life, and on her death for tbe use of her children, the trust to ber is valid and separable from the trust to the children.-Nellis v. Rickard, Cal., 66 Pac. Rep. 32.
157. TRUST-Trustee and Cestui Que Trust Ideptical.A cestui que trust may be appointed the trustee with. out affecting the validity of the trust.-Nellis v. Rickard, Cal., 66 Pac. Rep. 32.
158. TRUST8-Voluntary Trust.-Pablisber of paper, receiving contributions for support of lamilies of dead firemen in response to his solicitation, beld to be a voluntary trustee of the funds.-Hallinan v. Hearst, Cal., 66 Pac. Rep. 17.
159. TRUST8-Voluntary Trust.-Publisher of paper, receiving certain contributions for support of families of dead firemen, held to have the determination of the question of who composed guch families.-Hallinan V. Hearst, Cal., 66 Pac. Rep. 17.
160. UNITED STATES-Olaime- Attorney's Fee.-Ad ministrator de bonis non of fund derived under French spollation act should be reimbursed for expenses and attorney's fees incurred in a sult to determine the question of distribution.-Healey v. Cole, Me., 49 Atl. Rep. 1065.
161. UNITED STATES-French Spoliation Claims.-On appropriation of money by congress for payment of French spoliation claims, it had the right to make the gift on its own terms.-Healey V. Cole, Me., 49 Atl. Rep. 1065.
162. VENDOR AND PORCHASER – Worthless Mining Claim.-Where a mining claim is worthless, detend. ant, who has an option to purchase, is not damaged by plaintiff's inability to convey.- Benson v. Braun, Cal., 66 Pac. Rep. 1.
163. VENUE-Accessibility of Court.-In determining motion for change of place of trial for convenience of witnesses, the accessibility of the court to all the witnesses may be considered.-O'Beirne v. Miller, N. Y., 71 N. Y. Supp. 946.
164. WATER AND WATER COURSES-Melting Snow.Owner of lot on side of hill held not liable to owner of lot lower down on the hill for melted ice and snow running down on such lower owner's lot.-Garrett Wood, N. Y., 71 N. Y. Supp. 987.
165. WILLS-Oharging Real Estate.-Will construed, and held, that deficiencies in money legacies were a charge on the real estate.-Wellbrook v. Otten, N. Y., 71 N. Y. Supp. 927.
166. WILLS-Evidence as to Sanity.-It is not error to permit an intimate acquaintance of a testator to state his opinion as to testator's sanity.-In re Keithley's Estate, Cal., 66 Pac. Rep. 5.
167. WITNESSES-Chinese-Truthfulness. The fact, alone, that a trial court refuses to accept as true the testimony of Chinese witnesses is not ground for reversal.-Woey Ho v. United States, U. S. C. C. of App., Ninth Circuit, 109 Fed. Rep. 888.
168. WITNESSES – Evidence of Good Character.- A court may refuse to permit a party to introduce evi dence of the general good character of his own wit nesses, who are Chinese, where there has been no at. tempt to impeach their character.-Woey Ho v. United States, U. 8. C. C. of App., Ninth Circuit, 109 Fed. Rep. 888.
Central Law Journal. owner, an indictable offense in that state.
The alleged criminal fled to Ohio. The
governor of Kentucky, after complying with ST. LOUIS, MO., NOVEMBER 29, 1901
the act of congress, demanded the rendition
of the fugitive. The governor of Obio reGovernor Durbiu of Indiana bas again fused to grant the requisition on the ground raised that most serious and unsettled ques | that his state did not recognize the crime for tion of constitutional law,-the extradition of which the alleged fugitive from justice had fugitives from justice-in his direct refusal been indicted. The State of Kentucky manto honor the requisition of Gov. Beckham of damused the governor of Ohio in the United Kentucky for the rendition of Ex-Gov. Tay States Supreme Court. The Supreme Court lor. Gov. Durbin gives as his reason for condemned theraction of the governor of Ohio refusing to extradite Mr. Taylor that he in very severe terms, stating that the constidoubts whether he would secure a fair trial tution gave him no discretion whatever in in the State of Kentucky, under whose laws granting the requisition ; that it was purely a he bas been indicted. That this presents a ministerial duty on his part to be performed question most vital to the interests of all without regard to the character of the crime American commonwealths cannot be denied | charged or of the laws of procedure of the after careful investigation. If two rival demanding state. The constitution bound governors, with deep personal or political | him to return the fugitive “on demand," and prejudices, can open the doors of their re the court intimated that his refusal to grant spective commonwealths as an asylum for the requisition was a breach of his oath to those charged with crime in the other juris support the constitution. The court held, diction, and thus invite the commission of however, that although this was a solemn crime by insuring to the criminal immunity obligation imposed upon the governor by the from punishment, a condition is presented constitution, yet if he persisted in bis refusal that calls for prompt and vigorous action. the federal government under the act of con
Interstate extradition is based on section gress had no power to coerce him. 2 of article 4 of the constitution providing It would seem that when this law was that “a person charged in any state with passed the belief was that a sense of justice treason, felony, or other crime, who shall and of mutual interest would insure the flee from justice and be found in another faithful execution of its provisions. “For,” state, sball, on demand of the executive says Chief Justice Taney, “it is manifest authority of the state from which he fed, be that the government must fail upless the delivered up to be removed to the state hav states mutually supported each other and ing jurisdiction of the crime.” In 1793 the general government; and nothing would congress passed an act, now $85278 and be more likely to disturb its peace and end 5279 of the Rev. Stat. U. S., providing that in discord than permitting an offender when a demand for the requisition of a against the laws of a state, by passing over fugitive from justice from any state shall a mathematical line which divides it from anhave been made by the governor of said other, to defy its process, and stand ready, state, accompanied by a copy of the indict under the protection of the state, to repeat ment found against the alleged criminal, “it the offense as soon as another opportunity shall be the duty of the executive authority" offered.” of the state, to which said criminal has fled, For a number of years, however, there has to deliver over the fugitive to the demanding been a strong tendency among governors to state for trial. This provision of the consti refuse the rendition of fugitives for certain tution was construed by the Supreme Court political crimes or for offenses charged to of the United States in the case of Kentucky v. enforce financial obligations and on various Dennison, 65 U.S. 161, which, also, is the only other grounds which they have alleged case directly in point with the controversy as “ulterior.” In taking this position over the extradition of Gov. Taylor. In this they have undoubtedly uncovered themcase a certain free negro was indicted in selves to the charge of acting in the Kentucky for enticing away a slave from his face of the constitution and of the
decision of the supreme court, denying We believe the suggestion of Cbief Justice them uny discretion in such matters; and Beasley is worthy of earnest consideration certain state courts, expressly relying on the as the most effective solution of these un. fact that the federal government under the happy and serious clashes of authority bepresent act is powerless to enforce that pro tween the governors of sister commonwealths vision of the constitution, bave held that tbe over the extradition of fugitives from justice. governor had practically an absolute discre While in most cases we may confidently rely tion in the matter which neither state nor on the character of the men elected to such federal power could coerce. State v. Toole, high places it is not to be denied that un69 Minn. 104; Work v. Coerington, 34 Ohio, scrupulous and hot-headed men, wielding the St. 64. That this is a dangerous precedent executive power of a state, have the right in and a breach of the constitution have been the exercise of this extraordinary power to pointed out, not only by the supreme court in throw open the doors of a sister commonthe case we have just noted, but also in a wealth to a flood of crime and disorder by strong opinion in the case of In re Voorhees, granting an asylum to criminals or political 32 N. J. L. 141. In all text books and digests free-booters within its borders. the duty of the governor to extradite a prisoner on demand, relying on the authorities NOTES OF IMPORTANT DECISIONS. which have granted the executive a discretion
WARRANTIES-MEASURE OF DAMAGES FOR in the matter or else bave held to the belief
BREACH – ACETYLENE Gas. - An interesting that bis discretion could not be controlled,
case on the subject of the proper measure of has been constantly spoken of as one of damages for breach of warranty recently arose in "imperfect obligation,” whatever that might the case of Tyler v. Moody (Ky.), 63 S. W. Rep. signify. Chief Justice` Beasley, of New
433. In this case the appellant brought this ac
tion to recover for damages for personal injuries Jersey, in the case we have just cited, denies
caused by an explosion of gas generator for the that there is any such weakness in the con
manufacture of acetylene gas, sold by appellees stitution. He says: “I think it indisputable Hall & Son, and manufactured by appellees that the constitution has made the surrender Moody & Offutt. Appellent avers in bis petition of a fugitive from justice, which by the law
that appellees “guarantied and represented to
him at the time of said sale, and as a part of said of nations depended on the concessions of
contract, that the said machine, and the use comity, a rule of law of perfect obligation and
thereof in generating acetylene gas, was and entirely imperative in character.” He recog would be entirely safe, and that no damages or nizes the limitation, however, on the federal injury would or could result therefrom. The government, suggested by the case of Ken
court held that the damages recoverable for such
a breach of warranty include damages for pertucky v. Dennison, but states that this re
sonal injury to the buyer from an explosion of sults entirely from the fact that the act of
the machine, such damages being the natural congress which regulates these proceedings
and probable result of a breach of the warranty, directs the demand to be made upon the and, therefore, within the contemplation of governor, and, since the governor is not a
the parties. The court said: “It is argued federal officer, the federal government can.
that in no state of case can a recovery be not compel the performance of a function
bad for the injuries to appellant, because
they are too remote. A leading case upon which it has no right to annex to the office.
the criterion of recovery for breach of warranty “But,” says Chief Justice Beasley, “I cannot is Dushane v. Benedict, 120 U. S. 630, 7 Sup. entertain any doubt of the power of congress Ct. Rep. 696, 30 L. Ed. 810. The supreme court to vest in any national officer the authority
there said: “The damages recoverable for a to cause the arrest, in any state, of a fugitive
breach of warranty or for false representation
include all damages which, in the contemplation from the justice of another state, and to sur
of the parties, or according to the natural or render such fugitive on the requisition of the
usual course of things, may result from the executive of the latter state. The national wrongful act.' In Suth. Dam. (2d Ed.) p. 1523, right to require the surrender, under the § 675, it is said, after a review of many cases : terms of the constitution, seems to me to be
"A buyer may recover damages for personal
injuries which result from selling property with clear, and all that is necessary to render
a false warranty. * * * A dealer will be liasuch right enforceable, in every case, is the ble for like injuries from the explosion of illunecessary organ of the federal government." | minating oils sold with warranty, express or im