BASTARDY. See also CONTRACTS, 3. NOTES AND Briefs. der the person discharging the blast liable for injury to a blacksmith injured by the starting, in consequence of the noise, of a horse which Bastardy; imprisonment under order in case he was shoeing at a place several hundred feet of, as imprisonment for debt. distant from the excavation. BICYCLE. 667 See EVIDENCE, 3; STREET BOILER. See EXPLOSIONS. RAILWAYS, 1-3. BIGAMY. A man may be guilty of bigamy although he believes his former marriage is annulled, where a statute describes the offense as marrying again while a former husband or wife is living, without any specific provision as to criminal intent. State v. Zichfeld (Nev.) 784 BILL OF EXCEPTIONS. See APPEAL AND ERROR, 6, 7. BILLS AND NOTES. See also HUSBAND AND WIFE, 6-8; INCOMPETENT PERSONS, 1. 1. A note by a stockholder, director, and creditor of a corporation, given to the maker of an accommodation note which the corporation had received the benefit of, in consideration of money furnished by the maker of the accommodation note to pay it, is not without consideration although the payee was bound to take up the other note. Abbott v. Doane (Mass.) 33 2. One who takes the negotiable note of a corporation from its president as collateral security for a loan to him or a firm to which he belongs is not precluded from claiming as a bona fide holder by reason of the fact that the note was signed by the president, where it was payable to a third person who had indorsed it. Cheever v. Pittsburgh, C. & L. E. R. Co. (N. Y. 69 Id. BONDS. See also ESTOPPEL, 2, 3; MORTGAGE, 1; STATUTES, 14; TAXES, 9-11; VOTERS AND ELECTIONS, 5, 6. 1. The bond of a cashier of a national bank for the faithful performance of his duties "for and during all the time he shall hold the said office" covers defaults in years subsequent to that in which it is given, notwithstanding the by-laws of the bank provide that the cashier shall be elected annually and a resolution appointing him to the office was passed in each year, as the act of Congress relating to national banks provides that the cashier may be dismissed at pleasure of the board of directors, and the first appointment under such act is for an unlimited term. Westervelt v. Mohrenstecher (C. C. App. 8th C.) 477 2. It is no defense to an action upon the bond of a cashier of a national bank for misappropriation of money and excessive loans, that the bank or its receiver has obtained judg ments upon the notes taken by the cashier for such money and loans. Id. 3. Sureties on a bond for the fidelity of a firm as agents for the obligee are not liable for funds misappropriated by one member of such firm after its dissolution and the retirement of the other partner from the business of such agency, even if the obligee does not know of such dissolution. Standard Oil Co. v. Arnestad (N. D.) 861 coin of the United States of the present weight 5. Power to issue bonds payable in gold and fineness is not conferred upon a county by a statute authorizing the issue of bonds without prescribing the kind of money in which they may be paid. Burnett v. Maloney (Tenn.) 541 issuing municipal bonds cannot be held where 6. A special election upon the question of the Constitution provides that not more than one election shall be held in each year, but such question must be submitted at a general election. Belknap v. Louisville (Ky.) 256 been going on for several weeks will not ren- BRIBERY. See INDICTMENT, 3, 4. BUILDING AND LOAN ASSOCIA- 1. A mistaken declaration of the maturity of stock by a building and loan association, when the stock is in fact not matured, will not make the stockholder a creditor or put him in the position of a holder of matured stock in subsequently winding up the affairs of the association when insolvent. Post v. Mechanics Bldg. & L. A880. (Tenn.) 201 3. Trainmen are not guilty of wilful or wanton neglect of duty in failing to stop a freight train running on a sharp up-grade at a speed of 8 miles an hour, to remove a boy eight years and five months old, who, in violation of the statutes as well as of the orders of the en gineer caught hold of and hung to one of the cars in the moving train,-especially where it does not appear that the train could safely be stopped at that place. Pittsburgh, C. C. & St. L. R. Co. v. Redding (Ind.) 767 4. The act of crossing a car platform from one car to another while the train is in motion 2. Payment of dues in advance under an agreement with a building and loan association is not negligence as matter of law in the abfor interest upon the advances until they are 720 5. The failure of a carrier to furnish a seat for a passenger does not justify him in going to a place of peril on the platform when there land, C. C. & St. L. R. Co. v. Moneyhun (Ind.) is plenty of standing room in the car. Clere 141 absorbed by dues does not entitle the stock-sence of any rule of the carrier prohibiting it holder in case of the insolvency of the associa-or any attempt to prevent passengers from so tion to be treated as a creditor with the right doing. McAfee v. Huidekoper (D. C. App.) to repayment of his advances with interest, especially when the agreement for interest thereon was not warranted by the charter. Id. 3. Payments of dues upon stock in a building and loan association cannot be credited upon an usurious loan to stockholders in winding up the affairs when the association is insolvent, since such credit would relieve the borrowing shareholders from their share of the losses and throw them all on the nonborrowing stock Id. 4. Loans at fixed premiums without free and competitive bidding, as required by the Tennessee statutes (Mill. & V. Code, 1751), cannot be lawfully made by a building and loan association, but are usurious, if the premium is more than lawful interest. Id. holders. 6. Going from a car in which there is plenty of standing room to the lower step of the car platform in order to vomit, when the train is running at the rate of 25 miles per hour, constitutes such contributory negligence on the part of a boy fifteen years of age as to preclude when thrown off by a jerk of the train. any recovery from the carrier for his injuries Id. 7. The contract of a baggage transfer company to transport baggage from a residence to a railroad depot is fully performed so that its responsibility ceases when the baggage is delivered to the agent of the railroad company Building and loan associations; application at the depot. Anniston Transfer Co. v. Gurof dues to mortgage debt. NOTES AND BRIEFS. 201 ley (Ala.) 137 8. Provisions in a carrier's contract that BUILDINGS. See also NEGLIGENCE, 1-3; notice of injury to cattle must be given before COVENANT, 2-4; EVIDENCE, 12, 13. NOTES AND BRIEFS. See also LANDLORD AND TENANT. Buildings; individual liability for falling walls or buildings:-Liability of owner or occupier; building in possession of contractor; liability for injury to person in street; liability for injury to person on adjoining property; liability for injury to person on property; neglect to comply with covenants in lease; illegal building; liability of firemen; act of third person; vis major; fire, contributory negligence. 557 CARRIERS. See also COMMERCE; DAMAGES, 2; EVIDENCE, 11. 1. The relations between a steamboat company and a passenger occupying a stateroom are those that exist between an innkeeper and his guest. Adams v. New Jersey Steamboat Co. (N. Y.) 682 2. Theft of money from the clothing of a steamer passenger during the night while he is occupying a stateroom with door locked and windows fastened renders the carrier liable for the loss as an insurer and without any proof of negligence, if the sum lost was reasonable and proper for the passenger to carry on his person to defray the expenses of his jour they are unloaded or mixed with others, and that no animal shall be considered as worth more than a specified sum, conflict with a constitutional provision that common carriers shall not contract for relief from their common-law liability. Ohio & M. R. Co. v. Taber (Ky.) 685 782 141 NOTES AND BRIEFS. When person becomes a passenger. Contributory negligence of passenger. Negligence of passenger in passing from one car to another:-The general rule; passenger assumes incidental risks; obedience to instructions; vestibuled trains; negligence in fact. 720 Loss of money by passenger; carrier as inn682 keeper. 685 Contracts restricting liability. Liability of baggage transfer companies:(I.) As common carriers; (II.) when liable; (III.) limitation of liability; (IV.) the effect of custom. 137 CASE. 1. A direct precedent for the action is not necessary to give a right of action for a wrong. Kujek v. Goldman (N. Y.) 156 2. A man who induces another to marry a girl by false representations that she is vir A question arising upon the pleadings which is certified to the supreme court for decision cannot be answered if the facts do not sufficiently appear in the pleadings to authorize a complete determination of it. Grand Island & N. W. R. Co. v. Baker (Wyo.) 835 CASHIER. See BONDS, 1, 2. 1. A preference of veterans over all other persons except women, given by Mass. Stat. 1896, § 2, when they have passed the civil service examination, is not unconstitutional. Re Opinion of the Justices (Mass.) 58 2. The discretion to appoint veterans to certain offices and employment without an examination, which is given by Mass. Stat. 1896, 3, if in the opinion of the appointing power the public service requires this to be done, is not unconstitutional. Id. 3. The provision that civil service commissioners shall establish rules to secure the employment of veterans in the labor service of the commonwealth and its cities and towns in preference to all other persons except women which is made by Mass. Stat. 1896, 6, if construed to mean that only those found competent shall be preferred, is within the constitutional power of the legislature. Id. CLERKS. See ATTORNEYS; JUDGMENT, 5. CLUB. See INJUNCTION, 1; INTOXICATING COLLEGE. See STATE UNIVERSITY. 1. Prohibiting common carriers from contracting to limit their common-law liability does not interfere with the power of Congress to regulate interstate commerce. Ohio & M. R. Co. v. Taber (Ky.) 685 2. A train composed of empty coal cars, although destined for a point in another state to procure a load, is not engaged in transporting articles of interstate commerce so as to be beyond the control of state laws. Norfolk & W. R. Co. v. Com. (Va.) 105 3. State laws prohibiting the running of railway trains on Sunday, if enacted in good faith for the preservation and protection of the health and morals of the people, and without discrimination against interstate or foreign commerce, are not in conflict with the Constitution of the United States. Id. 1. A marriage valid in the state in which it is contracted will be recognized as valid in another state if it does not contravene the declared policy of the positive law of the latter, although it may have been made without the form or ceremony required in the latter state. Jackson v. Jackson (Md.) 773 2. A contract made in Iowa for the transmission of a telegram from a place in that state to a place in Missouri is governed by the laws of Iowa making the proprietor of the telegraph liable for all mistakes in transmission. Reed v. Western U. Teleg. Co. (Mo.) 492 3. The law of the forum prevails as to the form of the remedy, the conduct of the trial, and the rules of evidence in an action upon a transitory cause of action arising in another jurisdiction. Eingartner v. Illinois Steel Co. (Wis.) 503 4. The mere existence of a slight variance of view, not amounting to a fundamental difference of policy, between the state in which a cause of action under the common law arose and that in which it is sought to be enforced, does not deprive the court of the latter state of jurisdiction of the subject-matter. Id. 5. A Federal court in Tennessee will enforce the Mississippi Constitution precluding the defence to an action for an employee's injury that he knew of the defective or unsafe character of the machinery or appliances by which he was injured, when the injury was received in Mississippi, since this provision is simply a variation from, and not repugnant to, the law of Tennessee. Illinois C. R. Co. v. Ihlenberg (C. C. App. 6th C.) 393 6. The principles of comity do not apply to an action by a foreign receiver of a foreign mutual insurance company acting under a decree in the foreign jurisdiction making an assessment on premium notes, even if otherwise applicable, where the notes were taken for insurance on property in the state while the company was doing business within the state in violation of McClain's (Iowa) Code, § 1144, prohibiting foreign insurance companies from doing business without compliance with the conditions therein mentioned. Parker v. Lamb (Iowa) 704 7. A contract to pay money to a loan association situated in another state at its place of business, made by a resident of one state, who applied to become a member of the association as resident in the foreign state, is to be governed by the laws of its residence, although it had an agency at the place where the borrower resided through which the contract was made. Bennett v. Eastern Bldg. & L. A880. (Pa.) 595 Liability of stockholders. 8. The Kansas statute providing remedies by execution or action to enforce the personal liability of stockholders which the state Consti 11. If, under any circumstances, an action to enforce a statutory liability against a stockholder of a foreign corporation could be enforced outside of the state of its creation, it must be by such modes of procedure as like liabilities created by the state where the suit is brought are enforced against its citizens. Id. 12. Particular provisions of a statute providing for the individual liability of stockholders in a foreign corporation will not be detached and given effect outside of the domicil of the corporation, if it would be impossible to enforce all the provisions of the statute there, and its whole scope indicates that it was in tended to be enforced only where passed. Id. 13. A special remedy against stockholders of a corporation provided by the laws of the state where the corporation is domiciled will not, on the ground of comity, be enforced in the courts of another state which has a different and inconsistent method of procedure, where it will result in injustice to the citizens of the latter state. Tuttle v. National Bank of the Republic (Ill.) 750 14. The courts of a state of the domicil of an insolvent corporation must, by an appropriate proceeding, determine the relation of the corporation and its creditors and stockholders and the proportionate share of the corporate indebtedness to be borne by each solvent stockholder before relief can be had against a stockholder in the courts of another state. Id. 15. The courts of another state cannot en force the stockholders' liability for unpaid subscriptions provided by the Illinois act of 1871-72, p. 299, 8, as that is not a generalcontract liability but is to be enforced by the remedy corresponding to garnishment provided in that section. Russell v. Pacific R. Co. (Cal.) NOTES AND BRIEFS. 747 As to the enforcement of stockholder's lia bility outside of the state of incorporation, see CORPORATIONS. Conflict of laws; as to marriage. 774 Remedy for injury in other state; statutory right of action. 504 CONSTITUTIONAL LAW. See also tional convention, and the submission of a pro- 2. The submission to popular vote of a proposal to hold a constitutional convention is properly made by the legislature, although the legislature has the power to take the initiative with respect to the calling of such convention. Id. 3. An oppressive and unjust law is not void unless it contravenes some provision of the state or Federal Constitution. State v. Harrington (Vt.) Self-executing provisions. 100 sion is self-executing is a question always of in4. Whether or not a constitutional provitention, to be determined by the language used C. R. Co. v. Ihlenberg (C. C. App. 6th C.) 393 and the surrounding circumstances. Illinois 5. A legislative adoption of the exact language of a constitutional provision, omitting only a clause as to the right of the legislature to make an extension of the provision, does ticle to the effect that it is not self-executing. not make a legislative construction of the ar Id. 7. The provision of Kan. Const. art. 12, S 2, that dues from corporations shall be secured by individual liability of stockholders to an additional amount equal to the stock owned by each stockholder, and such "other means as shall be provided by law," is not self-executing. Tuttle v. National Bank of the Republic (.) 750; Marshall v. Sherman (N. Y.) Ex post facto or retrospective. 757 8. A statute denying to convicts under sentence for a second offense the same reductions from their sentence for good behavior that are allowed to other convicts is not ex post facto as applied to the punishment of an offense subsequently committed, although the offender had been convicted of his first offense before the passage of the act. Re Miller (Mich.) 398 9. A statute excluding nonresidents of the state from the benefit of a statute of limitations. when the cause of action arose in the state and the defendant subsequently ceased to be a resiAs to contract of foreign loan association. dent thereof, is not unconstitutional as applied 595 to pre-existing obligations. Bates v. Cullum 175 (Pa.) 440 As to life insurance policy. Delegation of power. 10. The legislature cannot delegate to a levee district the legislative power to levy a tax under Tenn. Const. art. 2, authorizing it to delegate such power to counties and incorpo rated towns, since this impliedly excludes delegation to any other agency. Reelfoot Lake Levee Dist. v. Dawson (Tenn.) 725 Class legislation. 11. A city ordinance making it unlawful for barbers to pursue their calling on Sunday, without applying to other kinds of employ. ment, is unconstitutional as class legislation. Tacoma v. Krech (Wash.) 68 Property rights; due process of law. 12. The constitutional rights of property do not include the right to send letters or circulars to a debtor threatening to advertise a claim against him for sale, which constitutes an offense under Mo. Rev. Stat. 1889, § 3782, as a threat to injure his credit or reputation. State v. McCabe (Mo.) 127 13. The right to transfer property in payment of a debt when solvent is within the constitutional protection of property rights and is valid by Tennessee Acts 1895, chap. 128, declaring that every transfer of property to prefer creditors or which "would have that effect" shall be void without limiting it to cases of insolvency. Third Nat. Bank v. Divine Grocery Co. (Tenn.) 445 14. Requiring itinerant vendors to deposit $500 with the state treasurer to be returned on the surrender of the license, less the amount of any fines and costs that may have been imposed, does not deprive the licensee of property without due process of law. State v. Harrington (Vt.) Police power. 100 15. The state has authority to make extensive and varied regulations as to the time, mode, and circumstances in and under which parties shall assert, enjoy, or exercise their rights, without coming in conflict with any of those constitutional principles which are established for the protection of private rights or private property. Id. 16. The police power of the state is the power to govern men and things within the limits of its dominion, and is not limited to the protection of health, peace, morals, education, and good order, but comprehends all those general laws or internal regulations necessary to secure peace, good order, the health and comfort of society, and the regulation and protection of all property in the state. Id. 17. A statute requiring itinerant vendors who go from place to place and temporarily occupy rooms for the exhibition and sale of goods, to pay a state license of $25 and deposit $500 with the state treasurer as security, and then to pay in addition a local license fee in each place in which they sell goods, amounting to a tax on the value of their stock of goods according to the rate of the last preceding assessment of taxes in that place, is not unconstitutional although it is oppressive. Id. 18. The police power of the state does not extend to the levying of special assessments on property benefited by a levee. Reelfoot Lake Levee Dist. v. Dawson (Tenn.) 725 3. A relinquishment by the mother of a bastard child of her right to compel the father by legal proceedings to assist in the maintenance of the child and her support and education of the child at her own separate expense are a sufficient consideration for his promise to make a conveyance of real estate to her. Van Epps v. Redfield (Conn.) 360 4. A construction company becomes a subcontractor, and not an original contractor with a railroad company, when, with full knowledge that a contract company is unable to complete the work, it agrees with it to do so for an agreed sum in cash and bonds, with a provision that it shall have a "subcontractor's lien," although the railroad company has consented to the subletting of the contract and that the construction company shall have a contractor's lien. Richmond & 1. Constr. Co. v. Richmond, N. I. & B. R. Co. (C. C. App. 6th C.) 625 |