NOTES AND Briefs. ters to discretion of board. 383 Const. art. 1. § 1, 20, providing that the Constitutional law; statutes leaving mat-power of the courts to punish for contempts shall be limited by legislative acts, since this empowers the legislature only to fix the 92 limit of the punishment which may be inflicted. Power to make retroactive statutes. Protection of vested rights; separation of departments of government. 748 Id. 5. The common-law power of the courts to Provisions as to amendment; self-execut-punish for constructive contempt is recog ing; appropriations for expense of. 569 412 Statute leaving room for arbitrary power; delegation of power to private person. Police regulation of business. 494 nized and confirmed by Neb. Code Civ. Proc. obstruct the proceedings or hinder the due $669, providing that any wilful attempt to administration of justice in any pending suit shall constitute a contempt, and be punish As to freedom of occupation; police regu- able as such. State v. Bee Pub. Co. (Neb.) lations of. 545 Police regulations of business; regulations to protect health. 661 State police power under 14th Amendment. 762 Classification of persons; when constitu87 tional. 1. Any form of coercion intended to affect the judgment of the court in a pending case is unlawful, although judicial decisions, when made, may be freely commented upon and criticised. State v. Bee Pub. Co. (Neb.) 195 2. A newspaper corporation is guilty of contempt in charging the judges in a pending case with dishonorable conduct, and threatening them with public odium and reprobation in case a decision is rendered in a particular way. Id. 3. The power to punish for contempt being inherent in a court created by the Constitution and endowed with all the rights and powers possessed by courts of record prior to that time, the legislature cannot, without express constitutional authority, by defining what are contempts, limit the courts to treating as contempts such acts only as are embraced in the legislative definition. Bradley v. State ex rel. Hill (Ga.) 691 4. No authority to define contempts, and to take from the courts jurisdiction to punish as a contempt any act not mentioned in the statute, is given to the legislature by Ga. 195 6. That an act is indictable under the penal law of the state does not deprive the courts of power to punish it as a contempt. Bradley v. State ex rel. Hill (Ga.) NOTES AND BRIEFS. 691 publications. 195 Power of court as to punishment for. 691 CONTRACTS. Limiting Liability, see CARRIERS, 1, 811. Employee as Passenger, see CARRIERS, 6. Division of Recovery in Divorce Case, see ATTORNEYS, 3. Use of, in Advertising by One Contracting to Make and Print From, see ENGRAVERS. Of Municipality to Maintain Bridge With Municipal Corporations, see Mu- Specific Performance of, see SPECIFIC Teacher's Salary under, While School 1. A telegram may constitute a sufficient note or memorandum of a contract to satisfy the statute of frauds, if, when read in the light of all the surrounding circumstances, it plainly shows what the subject of the contract is, the parties thereto, and the terms Brewer v. Horstupon which it is made. 240 Lachmund Co. (Cal.) 2. A telegram by an agent to his principal, announcing a purchase of hops, and asking a confirmation thereof, should be read in connection with the answer thereto, in deter mining whether the telegrams constitute a sufficient memorandum of the contract of purchase to satisfy the statute of frauds. Id. 3. In construing a contract, each of its provisions must be considered in connection with the others, and, if possible, effect must be given to all. McKay v. Barnett (Utah) 371 4. A contract to create a monopoly in any commodity of common utility or of common consumption or use among the people, or even of considerable utility or consumption, is against public policy, whether such commodity be one of the common necessaries of life or not. Tuscaloosa Ice Mfg. Co. v. Williams (Ala.) 175 5. A contract by the owner of an ice machine to discontinue the manufacture of ice in a certain town for the term of five years, when made without any sale of his business, and in consideration of payments by the owner of the only other ice plant in the place, in which there is a demand for ice sufficient to consume and render marketable the output of both factories, is void as against public policy because of the restraint upon trade and the creation of a monopoly in the supplying of ice within that town. Id. 6. A bald covenant in restraint of trade, for which there is no other consideration than the payment of money for the obligation itself, without any purchase of the business, practice, trade, or plant of the covenantor, is void. Id. 7. A contract of subscription to a book entitled "Men of Progress of the State of Maine," whereby a person agrees to furnish his portrait and a sketch of his life for publication therein, and to receive and pay for a copy of the book when issued, cannot be enforced where the agent who solicits the subscription falsely represents that only three other persons in the town in which defendant lives will be asked to become subscribers, and that portraits and sketches of only 300 persons in all will be published, since these representations relate to the character and contents of the book, and are material to a work of this particular char acter. Greenleaf v. Gerald (Me.) 542 8. A firm that has engaged a clerk for a year is not absolved from its contract and obligation to retain his services at the agreed salary throughout the year, by the fact that its business house and stock of goods are destroyed by fire, and by the firm's dissolution and retirement from business, where the contract does not reserve the power to discharge him for such reasons. Madden v. Jacobs (La.) 827 9. Real-estate agents doing business without a license, in violation of an ordinance, cannot recover commissions on а sale of land negotiated by them, notwithstanding a subsequent repeal of the ordinance, without a saving clause, pending the suit. Denning v. Yount (Kan.) 103 10. One who claims the right to enforce specific performance of a contract of sale by a committee representing a pool of stock under an agreement, known to him, by the terms of which no member should sell or transfer his interest without the consent of the holders of three fourths of the stock, cannot plead the invalidity of the pooling agreement against the contention of the committee that the contract had not been ratified by three fourths of the stockholders, since the two contracts are so connected that the later must be deemed to have been made subject to the provisions of the earlier, and they must stand or fall together. Ryan v. McLane (Md.) 501 Contracts; impairing obligations of. 769 Privilege of using streets as a contract within the constitutional provision against impairing the obligation of contracts:Use of streets for railroad or street railway tracks; water pipes and mains; gas pipes; and wires; subway; other uses; necessity telegraph and telephone lines; electric poles that privilege be accepted and acted upon; the doctrine questioned; when privilege invalid in whole or in part; capacity in which municipality acts in granting, revoking, or impairing the privilege. Of subscription; mutuality of promise. 142 543 CONVERSION. CORPORATIONS. Service on, in Absence of Designation, Ultra Vires Act Not Validated by Es- rate Character of Dealing, see Evi- Use by, of Street for Private Nuisance, see HIGHWAYS, 5, 6. Appointment of Boards of Medical Ex aminers by Medical Societies, see Enforcement of Contract for Stock, see 1. Corporations are included within the NOTES AND BRIEFS. Corporations; specific performance of con words "any person," in Sand. & B. (Wis.) 327 2. Incorporation cannot be effected by filing the original articles signed by the incorporators, but not acknowledged, where the statute requires the filing of a copy of the original, verified as a true copy by two of the signers. Slocum v. Head (Wis.) 324 501 Requisites of incorporation; de facto cor Joint-stock associations as. 325 667 Due process in service of process on. 577 COSTS. On Appeal, see APPEAL AND ERROR, 16. COTENANCY. 3. A corporation or company which the state has the legal right to call upon for information as to its business cannot be permitted to determine for itself whether it will answer or not, on the ground that it is not possible to do so, but must answer candidly so far as reasonably possible, and state facts which it claims should excuse it for not answering more fully. State ex rel. COUNTERCLAIM. Railroad & W. Com. v. United States Exp. See PLEADING, 4. Co. (Minn.) 667 4. Persons who in good faith file the original articles to effect incorporation, instead of an authenticated copy as required by statute, and organize as such, may have the rights of a corporation as to all persons with whom their dealings are mutually understood to be in that capacity. Slocum v. Head (Wis.) 324 As to Mining Claims, see MINES, 9, 10. COUNTERFEIT. Of Labels and Trademarks, Not Forgery, see FORGERY, NOTES AND BRIEFS. COUNTIES. 1. A county as a municipal corporation has no such interest in or right of possession uted to county judges in accordance with to the reports of the supreme court distribNeb. Comp. Stat. 1899, chap. 19, § 20, as will authorize it to maintain replevin proceed 5. That a corporation had no charter existence on the day of the grant to it of a franchise to light the streets of a city does not render the franchise inoperative, where it afterwards obtained a charter and accept-ings against a former county judge who, ed the grant. Clarksburg Electric Light Co. v. Clarksburg (W. Va.) 142 after the expiration of his term of office, retains possession of such reports received by 6. The execution by a corporation of an him in his official capacity while in office; appeal bond as surety for another party, if but the right to the possession of such books outside the scope of its business, is ultra is in the county judge as between himself vires and void. Best Brewing Co. v. Klas- and all others except, possibly, the state. sen (Ill.) 765 Clifford v. Hall County (Neb.) 7. A brewing company becoming surety on an appeal bond for the benefit of one of its customers, in an action against him for the premises occupied by him, although it may obtain some incidental advantage to its business by such appeal, is not acting in the exercise of its express or implied powers, and is therefore not bound by such action. Id. 733 206 2. A county is not liable for the pollution of a stream and the surrounding atmosphere by sewage from its penitentiary and almshouse, conducted to reservoirs on a nearby farm owned by it, and then spread upon the land, since it acts in the matter in its governmental capacity, although an injunction to abate the nuisance may be granted against the officers in charge of the build8. A purchase of the property of a corpo-ings. Lefrois v. Monroe County (N. Y.) ration, in good faith, by directors who have interests to protect, at a public sale by an 3. Providing an adequate supply of waassignee or receiver of the property, made ter for municipal and domestic purposes in by order of the court and subject to its one of the communities of a county is a matapproval, is not invalid on account of their ter pertaining to the interests of the county, fiduciary capacity, but the transaction will and is a legitimate county purpose, within be jealously scrutinized. Janney v. Minne- the meaning of N. M. Comp. Laws 1897, § apolis Industrial Exposition (Minn.) 273 664, 5, empowering county commissioners 9. The fact that creditors of a corporation to have the management of the interests of are also directors of the company does not preclude them from enforcing the constitutional liability of the stockholders for the payment of their debts, although they will be held to strict proof of the debts and of their own good faith in the premises. Id. ' Pura Co. v. Las Vegas (N. M.) the county, and § 651, ¶ 4, giving a county power "to make all contracts and do all other acts in reference to the property and concerns necessary to the exercise of its corporate or administrative powers." Agua 224 3. A reasonable doubt as to the constitutionality of a statute must be resolved by the court in favor of its validity. Id. 4. A decision by a state court as to the construction of an act of Congress governing mining claims should not be followed if it is wrong, under the doctrine of stare decisis, or on the ground that it has become a settled rule of property, when the construction of the statute has not been settled by the Supreme Court of the United States. Calhoun Gold Min. Co. v. Ajax Gold Min. Co. (Colo.) 209 NOTES AND BRIEFS. See CHARITIES, 12-14. DAMAGES. Interest on, against Carrier for Delay, see INTEREST. Pollution of Stream, see Waters, 8. 1. Nine thousand dollars is not excessive, as matter of law, to be allowed for the negligent killing of a man thirty-two years old, of good habits and business ability. Louisville & N. R. Co. v. Weaver (Ky.) 381 failure to deliver promptly goods which it 2. The measure of a carrier's liability for had received with knowledge that the shipper had contracted to deliver them on a specday's delay is the loss sustained by the shipper under the penalty clause of its contract. Illinois C. R. Co. v. Southern Seating & C. Co. (Tenn.) 729 ified date or forfeit a certain sum for each 3. Damages in an action for breach of promise of marriage cannot be enhanced by the loss of the plaintiff's opportunity to marry another man to whom she was preInterference with discretion of board. 384 viously engaged, merely because she broke CRIMINAL LAW. 520 her engagement with him at the solicitation of the defendant, since she cannot take ad Sale Without License, under Mistake as vantage of her own perfidy. Hahn v. Betto Law, see MISTAKE. tingen (Minn.) 669 4. Double the value of the property sold may be recovered as damages against a jus tice and the sureties on his official bond, under W. Va. Code, chap. 41, § 25, where a specially deputed constable levies upon and sells exempt property under an attachment issued by the justice. State Use of Burt v. Allen (W. Va.) NOTES AND BRIEFS. 284 3. A fine of $50 for violating an ordinance A right of action for the death of a husprohibiting gaming does not constitute an band or father, given to wife or children by error of law on the ground that it is exces- Ga. Civ. Code, § 3828, is barred by his volsive and unjust, where it is within the lim-untary settlement, during his lifetime, with the wrongdoer for the injury which afterward results in his death. Southern Bell Teleph. & Tel. Co. v. Cassin (Ga.) 694 NOTES AND BRIEFS. Death; right of widow and children to maintain action for; remedial statute as to. DEBTOR AND 694 CREDITOR. Agreement to Abate Portion of Debt, see ACCORD AND SATISFACTION, 2. Concealment of Value of Collateral on Abatement of Debt, see Fraud and FRAUDULENT CONVEYANCES. DEEDS. Parol Evidence as to Consideration, see A merely personal right, and not an easement appurtenant, was created by an express condition in a deed that the grantee, his heirs and assigns, should never erect a building nearer the street than the one then standing, where the grantor, who then occupied adjoining premises as a homestead, was an invalid, who usually sat at a win dow from which he had a good view of the street, and he had declared during the negotiations that he did not wish his view of the street from that window cut off, and should have a clause in the deed to prevent it. Clapp v. Wilder (Mass.) 120 NOTES AND BRIEFS. District of Columbia; power of Congress to legislate for. DIVORCE. 533 As Affecting Wife's Right to Life Insurance, see INSURANCE, 15. DOCUMENTARY EVIDENCE. DOMICIL. Of Minor Child, Kights of Heirs, see When a divorce has been granted to the wife, and unrestricted custody of the minor child of the marriage given her in the decree, her own domicil establishes that of the child. Fox v. Hicks (Minn.) 663 NOTES AND BRIEFS. Domicil; of child after divorce; power to change. 663 DOWER. rights in the property of her husband, in 1. The release by a married woman of all consideration of the payment to her of $400, upon the making of a deed of separation between them, which had none of the elements of a jointure, is utterly void, and does not estop her, upon his death, from claiming dower, since her inchoate right of dower is not a part of her statutory separate estate, |