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Law Notes

VOLUME XXII.

APRIL, 1918, to MARCH, 1919.

EDWARD THOMPSON COMPANY, Law PUBLISHERS,

NORTHPORT, LONG ISLAND, NEW YORK.

1919.

270767 INDEX TO VOLUME XXII.

ARTICLES:

PAGE

BOOK REVIEWS—Continued

PAGE

Manual of Federal Procedure, Practice and Forms.

Second Edition. By Charles C. Montgomery..... 113
Manual on Land Registration, by Arthur Gray Powell.. 33
Notes to Statutes of Indiana. Edited by B. F. Watson. 134
Ruling Case Law, Volume XX. Edited by William M.
McKinney and Burdett A. Rich...

15
Spirit of the Courts, by Thomas W. Shelton.

173
Treatise on the Law of Personal Property, by James
Schouler

32
Treatise on the Law and Practice of Receivers, by Ralph
E. Clark

134

86

CASES OF INTEREST:

Americanization

104
Angary, Requisitioning the Dutch Ships and the Right
of ...

71
Automobile, The Family....

165
Birds, Federal Protection of.

145
Bolshevik Legislation

169
Disbarment for Soliciting Business.

209
Labor: The Trend of Recent Labor Decisions.

8
Federal Regulation of Child Labor....
Existence of Relation of Employer and Employee

Under the Federal Employers' Liability Act....... 27
- Trade Unions and the Law...

107
League of Nations....

193
Legislative Puritanism

47
Mental Defectives and the Criminal Law.....

148
Mental Suffering in Action for Negligence in Delivering
Telegrams

67
Naturalization After the War..

227
Prohibition Amendment, Federal...

4, 124
Psychology, Evaluation of Experimental..

206
Retainer, Right of, Against Legatee Debtors.

211
Sedition and the Courts..

45
Shipping Laws

225
Sterilization of Criminals.

65
Trustees and Litigation..

49
Trustees and Overpayment...

109
Trust Fund, Placing on Deposit at a Bank...... 150
War: Effect of Cessation of Hostilities on Government
War Contracts ....

167
Status of American Fighting Under Foreign Flag.... 127
Prisoners of War and High Treason.

91
The War Power of Congress...

25
- Confiscation of Private Property of Foreigners Under
Color of a Changed Constitution..

230
Rumania at the Peace Table....

189
A Judicial Reckoning for William Hohenzollern.... 184
- Work or Fight.....

84

Accused, Waiver by, of Right to be Present at Trial.. 234
Accused Person, Right of, to Benefit of Counsel Before
Pleading

170
Admission of Testimony Given at Former Trial of Case. 53
Alien Enemy, Right of, to Sue as Next Friend. ....... 153
Appraisers, Revocability of Agreement to Submit Ques-
tion of Value of Leased Land to......

131
Auction, Effect of By-Bidding at, on Offer of Highest
Bona Fide Bidder.....

53
Automobiles: Negligence of Husband Driving Automo-

bile Belonging to Wife Not Imputable to Latter.. 111
- Liability of Father for Negligence of Son Driving
Family Automobile

172
- Riding as Guest in Automobile Having Insufficient

Headlights as Contributory Negligence..... 154
Reckless Driving of Automobile as Manslaughter.... 111
- Liability of Municipality for Injuries Resulting from

Use of Street by Automobiles for Speed Contest.. 132
Carmack Amendment, Effect of, on Right of Carrier to
Limit Its Liability.

235
Champertous, Agreement by Layman to Collect, Com-

promise or Settle Claim for Commission as......
Chattel Loan Brokers, Validity of Statute Regulating.. 74
“Child" as Including Illegitimate Child....

73
Closing Hours for Business Establishments, Validity of
Statute Fixing ...

171
Collection of Garbage as Governmental Function...... 213
Contempt of Court as Including Publication of False
Reports of Proceedings of Court.....

52
Continuance of Criminal Case, Prejudicial Newspaper
Publication as Ground for.....

31
Contract of Married Woman Which Is Against Public

Policy of State Where Suit Brought, Enforce-
ability of ...

12
Correspondence School Course, Rights of Parties on
Anticipatory Breach of Agreement for....

133
Disbarment, Criticism of Decision of Court as Ground
of .....

11
Disorderly Conduct, Soap-Box Oratory as..

151
Dower as Subject to Inheritance Tax....

215

51

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CASES OF INTEREST-Continued

PAGE

CASES OF INTEREST—Continued

PAGE

31

Eggs, Validity of Statute Regulating Sale of.......... 12
Elevator Shaft, Liability of Store Proprietor for Death
of Customer Falling Into.....

153
Employers' Liability Act, Right to Recover Under
Federal, for Death of “Student” Fireman...

92
Executors, Power of, to Expend Funds of Estate for
Erection of Costly Mausoleum...

74
Ex-Ray Photograph as Within Statute Forbidding Dis-

closure of Confidential Communications by Physi-
cian.

... 152
Foreign Corporation, What Constitutes Doing Business
in State by......

92
Hunting License, Validity of Statute Providing for, and

Discriminating Between Localities as an Amount to
Be Paid ....

30
Indictment, Power of Court on Own Motion to Set
Aside, for Not Charging Crime..

51
Inheritance Tax Statute, Validity of, Discriminating
Against Nonresident Aliens...

51
Intoxicating Liquor: What Constitutes Excessive or In-
temperate Use of Intoxicants.

30
Presumption of Sobriety....
- Liquor Saloon as Place of Public Accommodation
Within Civil Rights Act.....

132
- Validity of Ordinance Regulating Transportation of
Liquor

92
Jitney Bus, Statute Requiring Operator of, to Give

Bond Valid Though Bond Cannot be Procured.... 152
Judicial Sale, Gross Inadequacy of Price as Ground for
Setting Aside

151
Junk Dealers, Validity of Statute Licensing.

214
Jury, Reading of Newspaper by, During Criminal Trial
as Ground for Setting Aside Verdict...

111
Labor: Validity of Rule of Labor Union Forbidding

Members to Work With Materials Produced by
Nonunion Labor

112
– Validity of Statute Fixing Minimum Wage Rate for
Women

194
What Constitutes “Manufacturing" or "Mercantile”

Establishment Within Statute Regulating Hours of
Labor .....

... 195
– Validity of Statute Requiring Operators of Foundries
to Furnish Wash Rooms for Employees...

234
- Validity of Anti-Picketing Ordinance....

213
Libel, Substantial Truth of Newspaper Publication as
Defense in Civil Action for.....

131
License Tax, Statute Licensing Meat Dealers as Applic-

able to Person Conducting General Mercantile Busi-
ness Subject to ....

194
Massage Treatment of Disease as Practice of Medicine. 93
Municipal Corporations: Power of Municipality to

Maintain Ice Plant and Cold-Storage System...... 194
Liability of Municipality for Unsafe Condition of

Public Auditorium Maintained for Profit.......... 172
- Right of Municipality to Engage in Business of Fur-

nisbing Electrical Supplies and Accessories..... 73
Power of Municipality to Construct and Operate
Municipal Telephone System..

31
Negotiability, Provision in Note for Extension of Time
of Payment as Affecting...

73
Nuisance, Permitting Street Cars to Become Over-
crowded, as

52

Patented Article, Right of Vendor to Control Price on
Resale

93
Personal Injuries, Misstatements by Physician as Affect-
ing Release of Claim for.....

53
Personal Injuries, Humiliation or Mortification on Ac-

count of Disfigurement as Element of Damages of.. 171
Police Officers, Validity of Act Pensioning....

171
Political Belief as Affecting Eligibility to Office..... 132
Promissory Note, What Constitutes Fictitious Payee of. 30
Public Officers: Right to Fees as Between Deputy and
Officer

52
— Right of Minority Candidate to Office Where Majority
Candidate is Ineligible.....

112
- Validity of Contract Providing for Division of Salary
of Public Officer...

235
Validity of Statute Limiting Consecutive Service by
Public Officer...

234
Right of State to Remove Municipal Officer for Fail-
ure to Enforce Laws....

72
Personal Liability of Officer for Sale of Property for
Taxes Under Void Statute..

72
Purchaser for Value, Person Taking Conveyance of
Realty in Payment of Pre-existing Debt as.

12
Quorum, What Constitutes, of Grand Jury..

12
Railroad, Liability of, to Person On or Near Right of

Way Injured by Suction from Passing Train...... 51
Railroad Crossing, Failure of Automatic Bell to Ring

as Excusing Automobile Driver from Duty to Look
and Listen at......

170
Rule Excluding Testimony as to Transaction With Dece-
dent as Applicable to Action in Tort.

74
Safety Deposit Box, for Loss of Contents Thereof,
Liability of Lessor of.......

133
School, Exposure to Contagion as Ground for Expulsion

from
“Serious” Illness, Meaning of Term, in Application for
Life Insurance Policy.....

32
State Act Designed to Aid Government in Prosecution of
War Held Valid.....

110
Sunstroke as an Accident.

31
Survivorship in Common Disaster, Validity of Provision
in Will Creating Presumption of.

195
Taking Land for Temporary Logging Road for “Public
Use"

31
Trading Stamps, Validity of Statute Prohibiting Giv-
ing of

112
Verdict by Nine Jurors Invalid, Act Providing for.... 113
War as Excuse for Breach of Contract.....

11
Water Company, Liability of, to Consumer Who Con-

tracts Typhoid Fever from Use of Impure Water.. 214
Wills: Presumption of Revocation from Destruction of

One Copy of Will Executed in Duplicate..... 213
- Power of Administrator of Heir to Contest Will.. 92
Antemortem Annulment of Will.....

30
Witness, Competency of, to Testify to Age of Another
Person ...

30
Workmen's Compensation Acts: Workmen's Compensa-

tion Act as Retroactive in Operation...
— Infant Employed in Violation of Law as Entitled to

Compensation Under Workmen's Compensation Act. 94
— Liability of Employer for Expense of Treatment of

32

93

CASES OF INTEREST—Continued

PAGE

Accused, Interrogating the....

144

Advertising, Guaranteed

143

Aliens : See infra War.

Americanization

221

Amusements: They Go Together.

82

Angary, The Right of..

22

Armistice

161

Autopsy Clause

123

Bolshevikism

181

Child Labor Laws: See infra Labor.

Coke, Criticising

44

Congress and the President..

83

Constitutional Amendments, Ratification of.

221

Court Employees, Tenure of..

204

Crime, Reparation for...

22

Cussing the Cop....

4

Dealer's Talk

104
"Dealers' Talk” and Marriage.

164
Decline of Forensic Eloquence.

203

Divorce Practice..

143

Ethics, A Question of....

183

Eugenics in Practice...

104

Federal Regulation of Fuel.

82

Fine, Punishment by......

183

Fines, Paying in Instalments..

3

Forgery of Typewriting....

144

Government and the Telegraph Service.

102, 103

Government Control of Prices....

182

Government Control of Railroads..

42

Government Insurance...

202

Husband and Wife: Tribulations of the Peacemaker.. 43

Indictments

145, 165

Insurance Claim Agents.

42

Insurance, Military....

42

Insurance That Does Not Insure..

43

Judiciary: Selection of Judges.

204

- Judicial Salaries....

224

– The Courts and the Scriptures. ..

225

- A Neat Rebuke.

84

- An Obsolescent Theory....

182

- Liability of Judge for Negligence...

83

Judicial Self Government.....

103

Jurisdiction: An Astonishing Theory.

41

Jury: Taking the Case from the Jury.

205

- The Selection of Jurors.

164

Charging the Jury....

225

- Separation of Mixed Jury..

44

Juvenile Courts: Post Hoc Propter Hoc.

3

Extend the Juvenile Court System..

43

Labor: Waste of Man Power..

83

A Ghost of the Past...

61

Labor: Federal Child Labor Law Invalid...

61

- Federal Regulation of Child Labor...

205

Minimum Wage Laws.....

103

Law: Concealing the Law.

203

- Unsettled Law...

142

The Common Law....

142

- Practice of Law by Corporations.

23, 123

—“The Perfection of Human Reason".

124

Martial or Civil Law.....

41

Lawyers: Lawyers as Nonessential.

.101, 141

- Lawyers in the Legislature.

84

If a Lawyer Sue a Lawyer...

24

The Patriotism of the Profession.

21

The Spirit of the Profession...

181

Discouraging Technicalities

142

- Hoist with His Own Petard.

24

- An Echo from Russia...

101

- Straining a Privilege....

121

Litigation: Protracted Litigation..

64

- Litigation Large and Small..

64

Marriage by Letter.....

224
Mental Anguish, Recovery for.

143
Military: See infra War.
Municipal Woodyards...

63

Naturalization of Hindus..

1

News, Property Rights in......

63, 204

Newspapers, Suppressing Sale of.

82

Opinions: Form of Opinions..

2

Shorter Opinions....

2

President, Absence of the, from the United States.. 162

Prisons, Mobilizing the..

21

Privilege of Counsel. .

103, 163

Prohibition : War Time Prohibition....

141

Prohibition Law...

183

Substitutes for Whiskey...

163

Prosecutor, A Conscientious.

3

Psychology of the Crusade.

62

Review, Remedies for....

224

Sedition: See infra War.

Soldiers: See infra War.

Spasms of Morality..

184

Stielow Case.....

44

Submarine, The Law and the...

1

Subscriber? Who Is a.

4

Suffrage: See infra Women.

Testamentary Defamation..

123

Torrens System.

124

Trading Stamp Legislation.

2

Treason: See infra War.

Trial, A Fair.....

121

Vital Statistics, The Need for.

122

War: The Interned Aliens...

162

- Treason by Interned Alien.

102

— Defending the Seditious..

.81, 162

- Another Kind of Traitor.

23

- Conscientious Scruples

222

An Opportunity for Service.

141

The Stone Which the Builders Rejected..

101
- A Patriotic Utterance.

62
- After Armageddon....

61

- A Rebuke to the Authorities.

- Limitations on Personal Liberty.

21

22

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