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ation is different from that of any other carrier.-Public Service Commission, Second Dist., v. Booth, N. Y. Sup., 156 N. Y. S. 140.

42.- -Municipal Charter.—The Legislature has no power under the Constitution to fer power on a city council or commission to enact or amend city charters by ordinance.Birnie v. City of La Grande, Or., 153 Pac. 415.

43.- Legislative Authority.--The right of the General Assembly to act without judicial interference exists whether justified by ample constitutional authority or not, and it is immaterial that the Legislature has sought to delegate its legislative authority.-Board of Com’rs of Marion County v. Jewett, Ind., 110 N. E. 553.

44. Corporations-Agency:--The term "managing agent," as used in Wilson's Rev. & Ann. St. 1903, § 4274, authorizing service on managing agent of foreign corporation, means agent whose agency extends to all transactions of the corporation within the state.- Waters Pierce Oil Co., v. Foster, Okl., 153 Pac. 169.

45.- Eminent Domain.—That a telegraph company has been organized in an unlawful manner or for an unlawful purpose cannot be considered in a proceeding by it to condemn land for a right of way.-Western Union Telegraph Co. of Illinois v. Louisville & N. R. Co., ill., 110 N. E. 583.

46. -Forfeiture of Charter.--Under Laws 1909, c. 25, where the charter of a corporation has been forfeited for nonpayment of occupation fee, an action cannot be maintained in the corporate name.- Weekes Grain & Live Stock Co. v. Ware & Leland, Neb., 155 N. W. 233.

47.- Pleading.-A corporation can only act through it officers, agents, or employes, and an allegation that a corporation directed an assault is supported by proof of an assault by its officers while acting in its behalf.-Hart v. Jones, Ala. App., 70 So. 206.

48.–Stockholder Liability.-Where an sessment is levied on shares of corporate stock, the liability of stockholders is strictly several, and not joint, so that their joinder in one suit to collect the assessment is not permissible.Hartnett v. St. Louis Min. & Mill. Co. of Montana, Mont., 153 Pac. 437.

49. Stockholders' Liability. The usual method of collecting a stockholder's liability upon his unpaid subscription and the liability of a paid-up stockholder on an assessment upon his stock is by assessment and sale of the stock, with a right to waive the sale and proceed by personal action against the stockholder.-Marshall v. Wentz, Cal. App., 153 Pac. 244.

50. Contracts-Express.-Where there is no express direction where and how the support stipulated for shall be furnished to the grantor, the grantor may require that it be furnished at any place he elects, if it can be supplied there without needless expense.—Soper v. Cisco, N. J., 95 Atl. 1016.

51.- Rescission.-Whether delay in disaffirming a contract has deprived a party of his right to rescind, depends on whether the delay has been long enough to result in prejudice to the other party.-Brown v. Young, Ind. App. 110 N. E. 562.

52. Deeds-Fraud.—Where fraud from the fiduciary or confidential relation of the grantor and grantee is charged, burden is on the grantee to show fairness of the transaction.-King v. Burkhart, Ky., 180 S. W. 534. 53.

Divorce-Suit Money.-Though the plaintiff wife had means of her own, yet, where she was driven to seek a divorce by the scandalous conduct of her husband, an award of suit money was not error.--Smith v. Smith, Mo. App., 180 S. W. 568.

54. Eminent Domain-Equitable Interest. Purchasers of land who were equitable owners but had not received a conveyance of the legal title


within the condemnation statute and are proper parties to a suit brought by a railroad company to take a right of way.

Wolfe v. Iowa Ry. & Light Co., Iowa, 155 N. W. 324.

55.- -Public Purpose.—The Legislature itsell has no power to authorize corporations to take

or use private property without compensation, and cannot confer such power upon a municipality.-J. A. & C. E. Bennett v. Winston-Salem South-Bound Ry. Co., N. C. 87 S. E. 133.

56. Estoppel-Intervention.-In absence of fraud or the intervention of rights of third persons, a deed sufficient in form to pass title and reciting a valuable consideration estops the grantor and his representatives to deny that such consideration was paid.-Battle v. Claiborne, Tenn., 180 S. W. 584.

57. Executors and Administrators-Domicile. - Personalty, wherever administered, is to be distributed in accordance with the law of the domicile.-Crosby V. Town of Charlestown, N. H., 95 Atl., 1043.

58.--Sureties.—The liability of sureties on an administration bond is not affected by the fact that they were induced through fraud of their principal without participation by the beneficiaries, to sign the bond, but they are not liable to any beneficiary participating in the fraud.--Succession of Reilly v. American Bonding Co. of Baltimore, Md., La., 70 So. 237.

59. Food-Implied Warranty.-In an action against a packer for injuries to a consumer from eating diseased meat bought in the original package, held, that it was no defense that federal officers had inspected and approved the meat under Act Cong. June 30, 1906.-Cantani v. Smith & Co., Pa., 95 Atl. 931. 60.

Fraud-Damages.-In suit by a buyer of copper mining stock for misrepresentations made to induce the purchase, plaintiff's measure of damages was the difference between the actual value of the stock at the time of the trade and what it would have been worth had the representations been true.-Addis v. Swofford, Mo., 180 S. W. 548.

61. Frauds, Statute of-Memorandum Writing.--To satisfy statute of frauds, the writing must evidence the contract made, and must not show that there was no contract or evidence a contract different from that entered into.-Poel v. Brunswick-Balke-Collender Co. of New York, N. Y., 110 N. E. 619.

62. — Original Liability.—The statute providing that a promise to pay a debt of another is void unless in writing does not apply, where both parties were primarily liable.--Bohler v. Texas Co., Ga. App., 87 S. E. 157. 63. Fraudulent Conveyances

- Insolvency.-In an action to set aside a deed as in fraud of creditors, it must be shown that the debtor was insolvent when the conveyance was made; it being insufficient to merely show him insolvent when suit was brought.-Oklahoma Nat. Bank v. Cobb, Okl., 153 Pac. 134.

64. Good Will-Covenant.--The purchaser of the good will of a business is entitled to protection against an attempt by the seller to retake such good will, even though there was no express covenant against it.—Hall Mfg. Co v. Western Steel & Iron Works, U. S. C. C. A., 227 Fed. 588.

65. Guardian and Ward-Personal Liability. -Where a guardian, as executor and in his individual capacity, employed counsel to defend suits against his wards, in the attorneys' action against him to recover for their services, judgment against him as executor and individually was proper.-Wilhelm v. Hendrick, Ky., 180 S. W. 516.

66. Husband and Wife—Principal and Agent. -A husband's agency for the improvement of his wife's property may be established by proof of any facts from which agency can reasonably and logically be inferred, though the marriage relation itself is not necessarily sufficient.--Lunge v. Abbott, Me., 95 Atl. 942.

67.-Trader.- Where a married woman has acquired an interest in a mercantile business, she may by her own act, on her sole credit, purchase merchandise for the business and render her separate property liable in equity for the price thereof.--Nadel v. Weber Bros. Shoe Co., Fla., 70 So. 20.

68. Indictment and Information-Defects.That an indictment characterized the offense as a "felony" did not render it fatally defective, though the facts alleged showed that it was a




misdemeanor.-Lummus v. State, Ga. App., 87 S. E. 147. 69.

Insane Persons-Devastavit.—The act of a guardian of an insane person in using the ward's funds or in loaning them to a firm of which he was a member, was a devastavit for which he was accountable.—McGowan V. Milner, Ala., 70 So. 175.

70. Insurance Accident. Where germs causing blood poisoning entered abrasion caused by accident, death held to have resulted directly and without intervening cause from bodily injury, within accident policy.-Ballagh v. Interstate Business Men's Acc. Ass'n, Iowa, 155 N. W. 241.

71. --Application For.- Where the insured at the time of applying for a benefit certificate had chronic rheumatism, she did not have an “ailment" within the meaning of the application for the policy.-National Americans v. Ritch, Ark., 180 S. W. 488.

-Insurable Interest.—The insured has an unlimited insurable interest in his own life, so that any one may take out a policy on his own life and make it payable to whom he will.-Afro-American Life Ins.


V. Adams, Ala., 70 So. 119.

73. -Material Statements.-Where, during the examination provided for in a fire insurance policy, insured refused to answer material questions, he could not recover on the policy, though at the close of his testimony at such examination he stated that he would not refuse to answer any reasonable question.-Conn. Fire Ins. Co. of Hartford, Conn. v. George, Okl., 153 Pac. 116.

74.-Standard Policy.-An insurance agent cannot bind the company without its authority by an agreement to extend a standard policy on its expiration.--Oklahoma Fire Ins. Co. v. Fay Mercantile Co., Okl., 153 Pac. 127.

75. Judgment-Res Judicata.—That a passenger who was unlawfully arrested and expelled from a train, due to failure of the carrier's servants to protect him, was convicted and imprisoned by the arresting officer, a justice of the peace, held not to preclude him from recovering damages against the carrier.-Anania V. Norfolk. & W. Ry. Co., W. V., S. E. 167.

76. Jury-Trial By.-State courts may take jurisdiction of actions under the federal Employers' Liability Act, though the verdict may be rendered by a less number of the jury than the full panel, as guaranteed by Const. U. S. Amend. 7, preserving inviolate the right to trial by jury --Chesapeake & 0. Ry. Co. v. Kornhoff, Ky., 180 S. W. 523.

77. Landlord and Tenant-Liability.-In an action against a landlord for injuries to a tenant's child in falling through a defective porch railing, evidence of the landlord's agreement to repair held admissible.-Miller v. Geeser, Mo. App., 180 S. W. 3.

78.-Reasonable Care.-Defendant, who furnished house on his farm for his tenant, whose small children were impliedly invited and were likely to go into toolhouse where explosive dynamite caps were kept, held not an insurer, but bound to care commensurate with the danger from the explosives.-Bryan v. Stewart, Ala., 70 So. 123.

79. Libel and Slander-Libel per se.—Article referring to a patent nerve tonic, for the German manufacturer of which plaintiff was the sole agent in the United States, as plain cottage cheese prepared in powdered form, held not libelous per se as to plaintiff.—Hehmeyer v. Harper's Weekly Corporation, N. Y. Sup., 156 N. Y. S. 98.

80.-- Newspaper Publication. Ordinarily, the editor of a newspaper is responsible for libels printed therein as much as the publisher. --Leuch v. Berger, Wis., 155 N. W. 148.

81,-- Publication.-A publication held not libelous per se where it did not charge plaintiff with any moral or legal delinquency or reflect on his character, and the acts and purposes imputed to him as a legislator and political leader were not corrupt, or such are generally regarded as dishonorable from the view point of practical politics.-Lydiard v. Wingate, Minn., 155 N. W. 212.

82. Malicious Prosecution-Advice of Counsel.-Malice of defendant's district agent, in causing prosecution of discharged local agent for refusing to account until claim against defendant was adjusted, held imputable to defendant, who directed the district agent to be guided by an attorney's advice.- White v. International Text-Book Co., Iowa, 155 N. W. 298.

83. Mandamus--Building Permit.-Owner of land who on petition in mandamus obtained an order requiring a city building inspector to issue him a building permit for specified purposes, could not use the building for other purposes without obtaining permit, as that would be fraud on the court. -Stubbs v. Scott, Md., 95 Atl. 1060.

84. Master and Servant--Assumption of Risk. -Under the federal Employers' Liability Act, a railroad employe does not assume risk of injury from negligence of a fellow servant in not excluding a tall car from the train, or in not cautioning him regarding its height.-Portland Terminal Co. v. Jarvis, U. S. C. C. A., 227 Fed. 8.

85.—Burden of Proof.—The federal Employers' Liability Act does not permit recovery upon a mere showing that the employe was injured while engaged in interstate commerce, regardless of whether it was in the course of his employment, but the usual rules for such recovery apply:-Byram v. Illinois Cent. R. Co., Iowa, 154 N. W. 1006.

86.4 -Incompetent Employe.-Railroad company not negligent in employing incompetent physician is not liable to injured employe for negligence of physician.-Boring v. Chicago & E. R. Co., Ind., 110 N. E. 545.

87.- Proximate Cause.—Railroad, whose freight train conductor, after notice that car's brake beam was defective, failed to stop the train, the beam derailing it, killing a track walker standing 15 feet away to let the train go by, was liable for the death.–Cincinnati, N. 0. & T. P. Ry. Co. v. Strunk's 'Adm'x, Ky., 180 S. W. 528. 88. -Volunteer.—Plaintiff, who went

to a fire on defendant's plant out of curiosity, and voluntarily assisted in putting it out without any contract of employment with defendant's superintendent, and was injured when a ladder on which he was standing broke, had no cause of action against the defendant.–Smedley v. Mashek Chemical & Iron Co., Mich., 155 N. W. 357.

89,- -Workmen's Compensation Act.-Where a city employe was injured while loading gravel used for improving and repairing streets, held that, though the employment may have been casual, it was in the usual course of the city's business, and under Gen. St. 1913, § 8202, the Workmen's Compensation Act applied.-State v. District Court, Rice County, Minn., 155 N. W. 103.

90.-Workmen's Compensation Act.—The words "arising out of and in the course of his employment," in the Workmen's Compensation Act, are conjunctive, and recovery can be had under the act only when the injury arose not only "in the course of," but "out of," the employment.--Hulley v. Moosebrugger, N. J., 95 Atl. 1007.

91. Municipal Corporation-Defective Sidewalk.- Where one using a sidewalk was injured by slipping on rough, rounded, and uneven snow and ice accumulated_there by travel, the municipality was liable.-Rose v. City of Ft. Dodge, Iowa, 155 N. W. 170.

92. -Governmental Function.-A city cannot escape liability for negligence of its servants in failing to remove a garbage can from a sidewalk which was their duty, on the ground that in that act the city was engaged in a governmental function.--City of Louisville V. Hans, Ky., 180 S. W. 65.

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93.-Indebtedness.-A debt represented by funding bonds issued with the assent of the electors to take up a floating indebtedness incurred without such assent is an indebtedness incurred without the assent of the electors, within the law limiting the indebtedness which

thus incurred.-Schuldice v. City of Pittsburg, Pa., 95 Atl. 938.

may be

94. Law of the Road.--Defendant turning on to left side of road to avoid collision with plaintiff, which nevertheless ensued, held not liable for violating the law of the road.Skene v. Graham, Me., 95 Atl. 950.

95. Navigable Waters--Shore. --The word "shore," in conveyances of land by tidewaters, is construed to mean the land between the high and low water mark.- McLellan V. McFadden, Me., 95 Atl. 1025.

96. Negligence Attracting Children.- Where a landowner, knowing of the attractions of its property and that children habitually play there, permits them to continue, he must keep it in reasonably safe condition for the use to which the children will put it.--Lyttle v. Harlan Town Coal Co., Ky., 180 S. W. 519.

97. Obscenity-Commerce. --The character of the transaction, as commerce, where defendant sold

an obscene book, and sent it by interstate express, billed to a person of the name given him by the buyer, is not affected by the name being fictitious.-Hanish v. United States, ('. S. C. C. A., 227 Fed. 584.

98. Oflicers--Regulation of Fees.-While the office of Sheriff is a constitutional office, the regulation of its fees is within the control of the Legislature, and they may be changed or reduced during his term.--Mills v. Deaton, N. C., 87 S. E. 123.

99. Patents--Combination. The joinder of two elements of a patented combination into one integral part, which accomplishes the purpose of both without changing the principle of operation the combination, does not avoid infringement.-Parker v. Automatic Mach, Co., U. S. D. C., 227 Fed. 449.

100.-Independent Claim.-Each claim of a patent is supposed to embody a complete invention, and is in effect an independent patent for the device it covers, and a limitation contained in one claim cannot be read into another.-Veneer Machinery Co. v. Grand Rapids Chair Co., U. S. C. C. A., 227 Fed. 419. 101.--Infringement.--Each of


parts whose co-operative action is necessary for the performance of the function of a mechanical combination claimed is an essential element of such combination, and a combination which does not contain it or its equivalent is not an infringement.--F. F. Slocomb & Co. v. A. C. Layman Mach, Co., U. S. D. C., 227 Fed. 94.

102. Perpetuities.--Rule Against.--A will making devises of real estate in trust for the benefit of testator's children during their lives with remainder in fee, construed, and held not in violation of the rule against perpetuities.Dorrance v. Dorrance, U. S. D. C., 227 Fed. 679.

103. Physicians and Surgeons-Evidence.On trial for practicing medicine without a license an instruction, containing the thought that defendant did not tell patients that he could cure or heal them, was properly refused. -State v. Booher, Iowa, 155 N. W. 167.

104. Principal and Agent-General Agent.The general authority of an agent to sell sewing machines gave him no apparent authority to bind his principal by an agreement to furnish a salesman to resell machines for the buyer on commission.---Forehand V. White Sewing Mach. Co., Ala., 70 So. 147.

105. Statements by Agent.-Where a principal accepts and fills order through its agent, it is bound by his representation as to the contents of the order, made in order to secure the buyer's signature, regardless of whether the agent had authority to make the representation.-Whipple v. Brown Bros. Co., N. Y. Sup., 156 N. Y. S. 63.

106. Quieting Title--Burden of Proof. Where defendant in suit to quiet title had previously several times treated with plaintiffs as owners for the purchase of the land, the burden was upon defendant to overcome, by proper means, the prima facie case so conceded plaintiffs.--Service v. West, Colo., 153 Pac. 446.

107. Rallroads-Right of Way.-Agreement in a right of way deed to maintain a wagon road for use of the grantor held covenant running with the land, which the successors in title of the grantor were entitled to have specif.

ically performed.-Ferguson v. Omaha & S. W. R. Co., U. S. C. C. A., 227 Fed. 513.

108. Receivers-Appointment.--The propriety or legality of a receiver's appointment cannot be questioned, nor can his eligibility be attacked in any subsequent proceeding.--New Britain Mach. Co. v. Watt, Tex. Civ. App., 180 S. W. 624.

109. Rewards-Recovery of Lost Article.Plaintiff, who gave information leading to recovery of lost articles through criminal proceedings, was not entitled to reward offered for return of property, "no questions asked." — Simpson v. Twenty-Eighth St. Co., N. Y. Sup., 156 N. Y. S. 87.

110. Sales--Acceptance and Rejection.Where a purchaser buys a job lot of goods, and on delivery, the lot contains more goods than represented, the buyer must accept and pay for all, or return all.--Rubenstein v. GrossmanWinfield Millinery Co., Miss., 70 So. 210.

111.-Delivery.-Where goods sold were not delivered to the buyer during the time allowed by the contract, and possession remained in the seller relieved of any contract, an extension of the time for delivery under the original contract to be valid would require a new consideration. - Napier Iron Works v. Caldwell & Drake Iron Works, Ind. App., 110 N. E. 714.

112.- -Printed Conditions.-In order for goods, conflict between written and printed provisions as to date of delivery held not to nullify printed condition requiring acknowledgment of the order.-Poel v. Brunswick-Balke-Collender (o. of New York, N. Y., 110 N. E. 619.

113. -Privilege. In the absence of insolvency or fraud, and except in case of agricultural products where a buyer of movable property on credit sells and delivers it to one knowing he has not paid for same, the original seller loses his privilege therefor.-Dreyfous v. Cade, La., 70 So. 231.

114. Senrches and Seizures - Disorderly House. The seizure of a hotel register and cashbook openly displayed on the counter at time of defendant's arrest on the charge of keeping a disorderly house. held not a seizure in violation of Const, art. 1, $ 6, relating to rights and privileges.--State V. Mausert, N. J., 95 Atl. 991.

115. Street Railroads/Injunction.--The court will not enjoin the action of a state corporation commission in directing a street railway to double track its line in the ahsence of a clear case of confiscatory action.--Phoenix Rv. Co. of Arizona v. Geary, ('. S. Sup, Ct. 36 S. Ct. 45.

116. Taxation--Public Service CorporationThe personal property owned and operated hy a public service corporation is assessable without regard to its situs, whether connected with or disassociated from the immediate use and operation of property employed in serving the nuhlic -Ohio Fuel Oil Co. v. Price, W. Va., 87 S. E. 202.

117. Torts-Action For.--One who induces another to forfeit his bond to appear in court is liable for damage therehv pused to persons under contract. to his knowledge, to indemnifv the sureties.—Wakin v. Wakin, Ark., 180 S. W. 471.

118. Trusts—Judicial Discretion. The court, when necessary for the preservation of the estate. mav approve a trustee's denarture from the direction of the will as to the investment of moneys accumulated in evress of the demands of the trust.-Fisher V. Fisher, N. C., 87 S. E. 113.

119. Wills-Vesting. The law favors the early vesting of remainders, and in the absence of a clearly expressed contrarv intention sumes that words postponing the estate relate to the pniovment, and not the vesting of the astate.--Reeder v. Antrim, Ind. App., 110 N. E. 568.

120 Witnesses -- Impeachment.-A witness mav he imneached hv pronf that on a former Orcasion under like rircumstances where it was his nuty to state the whole truth he omitted

now to otote material facts which he

states. -State v. Perkins, N. M., 153 Pac. 258.




Central Law Journal. so expressive in this country as is the

Law Merchant. There hardly has been a ST. LOUIS MO., MARCH 3, 1916.

state in the union recognizing that law

and we believe there is hardly a state that THE OLD LAW, THE MISCHIEF AND THE REMEDY AS ENTERING INTO CON

has not adopted the Uniform Negotiable STRUCTION OF UNIFORM STATE LAWS.

Instruments Law.

In this "confusion worse confounded” So greatly has it seemed to us that the we delight very greatly to notice what the purpose underlying the scheme of uniform United States Supreme Court has to say in state laws been hindered by our courts, regard to the Uniform Warehouse Receipts that this Journal frequently has animad- Act, in a unanimous opinion delivered by verted to such obstructions. Particularly Justice Hughes in Commercial Nat. Bank have we complained of this in 77 Cent, L. v. Canal-Louisiana B. & T. Co., 36 Sup. Ct. J., 279, in an editorial by way of introduc- 194, in which the Supreme Court of Louistion to two articles in our issue of that iana is reversed. date by Hon. Amasa M. Eaton under the Recurring a moment to 78 Cent. L. J. 130, titles: “The Attitude of the Bench and the discussion by Mr. Eaton of the Louisiana Bar Toward the Uniform Negotiable In- cases decided since the Negotiable Instrustruments Law” and “The Negotiable In- ments Law was there adopted, we find its struments in the United States Courts-A Supreme Court citing the law in some cases Criticism of Methods of Construing Uni- and ignoring its existence in other cases, form Laws.77 ibid. 282, 287. These causing our author to observe that: “The articles were followed by another by Mr. capricious way in which judges and lawEaton under the title: "The Negotiable yers sometimes treat the N. I. L. is remarkInstruments Law in the Courts of Louis-able.” iana-An Illustration as to What is Hap- The Commercial National Bank case pening in Other States." 78 ibid. 130.

supra, offers Justice Hughes an opportunity In 179 Ibid. 255, we had the good fortune to justify Mr. Eaton's charge of "caprito print a fourth article by Mr. Eaton un

ciousness” against the Louisiana court with der the title: "The Uniform Negotiable respect to its construction of the Uniform Instruments Law in the Courts of Mis

Warehouse Receipts Act. souri.”

He said: “It is said that under the law In 79 ibid. 370, our editor contributed of Louisiana, as it stood prior to the enactan article under the title: "The Rule of ment of the Uniform Warehouse Receipts Construction Back of Uniform Laws" and Act, the Commercial Bank would not have therein it was sought to emphasize the evil taken title as against the Canal-Louisiana of state and lower Federal courts harking Bank, and it is urged that the new statute back to priror state construction of local is but a step in the development of the decision, and common law rulings as well, law, and that decisions under the former which produced a conflict almost as serious state statutes are safe guides to its con

before uniform statutes appeared. struction. We do not find it necessary to Among the greatest sinners in this respect review these decisions. It is apparent that were found to be the lower Federal courts, if these uniform acts are construed in the whom we had supposed would have been several states adopting them according to most earnest for uniformity for many rea- local views upon analogous subjects, we sons in those several articles pointed out. shall miss the desired uniformity and we These courts have referred to the law Mer- shall erect upon the foundation of uniform chant as coming within their independent language separate legal structures as disconstruction of general law, but they never tinct as were the former varying laws. It took the Negotiable Instruments Law as was to prevent this result that the Uniform




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Warehouse Receipts Act expressly provides: "This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law

of those states which enact it.' There had been statutes in some of the states dealing with these documents, but there still remained diversity of legal rights under similar commercial transactions. We think, that the principle of the uniform act should have recognition to the exclusion of any inconsistent doctrine which may have previously obtained in any of the states enacting it."

If Justice Hughes does not here pointedly declare that no aid whatever is to be given by all prior decisions upon local statutes we fail entirely to comprehend him. It may be, that there is some source in which precedents may be found for construction of our uniform state laws, but certainly that source is not in any interpretation of former local law, these uniform laws not being steps in the development of local law. If there is in our common law some aid to their construction, this is to be looked to, but a careful winnowing of state cases to separate the chaff of construction of local law should be observed.

cery is tried and determined. If not the entire, the full substance of the entire evidence must be brought to this court; and, while we will defer somewhat to the findings of fact made by the trial court, yet we are not arbitrarily bound thereby. The trial in this court is practically de novo, and after due consideration given to all evidence, this court will accept, modify or reject the findings of the circuit court and make such finding as the law and evidence may warrant. * * * The same is true of the findings of the commission in this class of cases."

Thereupon the court goes into a very Involved statement of facts, and pursues an argumenta. tion in regard to them in which it disagrees with the findings of fact made by the commission and reverses its holding. It is not said at all that no substantial evidence was submitted to the commission, but the court merely fails to look at the effect of the facts as the commission did.

It seems to us that the court pursues an exceedingly literal method of construction of the statute. While a case is to be "tried and determined" by the court “as suits its equity," this does not mean, necessarily, that evidence or the lack of it shall be looked at in the same way. For example, suppose it were said in the body of the act that hearsay evidence, might be received. This would be respected, though in an ordinary trial in equity it would be disregarded.

It seems to us the court ought to have regarded the general purpose of the law vesting in the commission, as a merely. administrative body, the right to pronounce conclusions and have them respected as those of a tribunal of specially informed men. do not presuppose some such power granted, you get nowhere in the appointment of such a commission. It is supposed to build up rules like courts build up rules for their own government.

What seems to us was intended was, that, if a commission is shown to violate some rule of law, by appeal to the courts it may be kept in line, and the entire record sent to a court for its full understanding, as applied to the evidence, of the importance of any alleged infraction of statute or constitutional law. The court's ruling appears to us very like a sticking in the bark.



If you

PUBLIC SERVICE COMMISSION-REVIEW BY COURT OF FINDINGS OF FACT.-By the Public Service Commission Act of Missouri it is provided, that the commission shall preserve all the maps, plats, letters, documents and evidence introduced at the trial of a case and upon its transfer to a Circuit Court for review, the court shall hear it "on the evidence and exhibits introduced before the commission," and the case "shall be tried and determined" by the court “as suits in equity.” When it goes on appeal, the Supreme Court hears it upon the same record. The point was urged by the commission's counsel that its findings of fact are conclusive upon the court. Railroad v. Public Service Commission, 181 S. W. 61.

Missouri Supreme Court said in answer to this contention that: “Every court and jurist of the state understands how a cause in chan

COMMON CARRIERS — RECOVERY OF CONSIDERATION WHERE CONTRACT IS FORBIDDEN ENFORCEMENT. In Louisville & N. R. Co. v. Mottley, 219 U. S. 467, 34 L. R. A. (N. S.) 671, it was decided that a contract, whereby one was granted free trans

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