walks is not included in the statutory power to require lot owners to build and maintain sidewalks. Little Rock v. Fitzgerald (Ark.) 496 NOTES AND BRIEFS. Public improvements; assessments on railroad property for. 793 Liability of railroad right of way to assess ment for local improvements:-the English cases; property not contiguous; property not benefited; property generally; right of way. 249 Charging expense of grading for sidewalk upon abutting owner. 496 PUBLIC LANDS. See also WATERS, 2. PUBLIC MONEY. City, Ft. S. & M. R. Co. v. Cook (C. C. App. 6th C.) 181 2. One who crosses on a railroad ferryboat in violation of the rules of the company against the carrying of passengers upon such boat, and, after concluding his visit, again enters the company's yard and the boat, remains a trespasser in proceeding through the yard to reach a public ferryboat after he is ordered off the railroad boat, although the employés of the company direct him as to the way through the yard to the ferry landing, where if he were carried back on the railroad boat he would have to pass through another yard, and there is no other way to the ferry than through the yard. ld. 3. Failure to maintain a gate at a crossing, as required by ordinance, may make a railroad A statute giving a bounty for killing coy-quence thereof by a runaway team. company liable for injuries sustained in conse Missouri 696 otes is not a violation of the constitutional pro- P. R. Co. v. Hackett (Kan.) vision against gifts of public money. Ingram v. Colgan (Cal.) PUBLIC PRINTING. See CONTRACTS, the provision of Neb. Comp. Stat. chap. 16, 7. QUARANTINE. See HEALTH, 1, NOTES AND BRIEFS. QUO WARRANTO. 187 4. Roads in fact used by the public, though not dedicated as public highways, are within 2, Quo warranto; nature of proceeding; right to jury. 455 RAILROADS. See also DEDICATION, 1; EVIDENCE, 3, 4; MASTER AND SERVANT, 7; NEGLIGENCE, 2; PUBLIC IMPROVE MENTS, 1-5; RECEIVERS, 3, 4; TRESPASS. 1. A licensee passing through a railroad yard is guilty of contributory negligence which will prevent recovery for injury from being run over by an engine which passes him on one track, switches on to the track on which he is walking, and reverses its direction, where he does not look to the rear, but walks on from 20 to 30 yards before he is overtaken, Kansas § 104. requiring the bell or steam whistle of a locomotive to be sounded at least 80 rods from the crossing of a road or street. Chicago, B. & Q. R. Co. v. Metcalf (Neb.) 824 reasonable time, does not make the purchaser | been duly adopted as part of the public prlthat are not thus estab-mary schools, although when the money was Houston & T. C. R. Co. raised by tax the kindergarten had no existence 761 in those schools. Sinnott v. Colombet (Cal) 594 4. Earnings of a railroad while operated by a receiver after sale and conveyance are sub- 2. Kindergarten classes may be instructed in ject to an equitable lien for an indebtedness of separate buildings, and no studies except those the railroad company; and a diversion thereof of the kindergarten system taught in such by the receiver to betterments upon the prop-classes, under Čal. Pol. Code, § 1666, providing erty will make the new owner liable after the that other studies may be authorized by the receiver's discharge for the amount of such board of education, but not to the neglect or earnings to prior creditors of the railroad com- exclusion of studies named in § 1665, as § 1665, pany whose claims have not been paid by the only requires those branches of study in the receiver. ld. several grades in which each may be required." 5. Failure to present to a federal court which appointed a receiver of a railroad company, a claim against him, does not preclude an action in a state court after his discharge, to enforce a liability of a purchaser of the railroad for a debt against the old company. Id. NOTES AND BRIEFS. ld. 3. A certificate to teach in a kindergarten is sufficient under Cal. Pol. Code, § 1771, as a certificate to teach a branch of education required by a city board of education, where such board has adopted the kindergarten as part of the public school system; and no other certificate need be obtained in such case. ld. Receivers; injunction against strike by em4. A school township organized under Dak. ployés of. 464 Laws 1883, chap. 44, becomes immediately lia727 ble for the debts of a district, the schoolhouse 277 and furniture of which become the property of such township, without regard to a settlement, 453 under SS 136-138, of the equities between the several districts included in such township. Coler v. Dwight School Twp. (N. D.) To aid injunction against corporation. Right of purchaser of property in hands of; effect of claims against. RECORD. NOTES AND BRIEFS. Of judgments, see JUDGMENT. 763 NOTES AND BRIEFS. Sale; implied warranty on. 53 54 649 Specific performance of a contract for land cannot be enforced by the vendor when the land is subject to an inchoate dower right of SCHOOLS. See also CHARITIES, 5; EVI- his wife. McCreery v. Davis (S. C.) DENCE, 1. 555 NOTES AND BRIEFS 48 STATUTES. See also Courts, 4. 1. A statute granting a right or imposing a duty also confers by implication every proper power for the exercise of the one or the performance of the other. Newcomb v. Indianapolis (Ind.) 732 2. An election law imported from a monarchy to a republic should not be subjected strictly to the rule that the importation of the statute imports also its construction. Stackpole v. Hallahan (Mont.) 502 8. An amendment to a bill, which is germane to it, is not within the restriction of Mich. Const. art 4, § 28, as to the introduction of bills after the first fifty days of a session of the legislature. Dacock v. Moore (Mich.) 783 4. The title of an amendatory statute need not express the subject of its provisions, if the title of the original statute amended is sufficient to embrace the matters covered. Com. v. Brown (Va.) 110 5. The title of a statute amending, re-enact ing, repealing, or adding to any part of the Code, sufficiently states the object by adopting and expressing the number and subject of the chapter of the Code affected thereby. ld. ld. STREET RAILWAYS. See EVIDENCE, 12. STRIKES. See INJUNCTION, 8, NOTES AND BRIEFS. 6. The object of a tax being sufficiently stated in the statute which creates it, the title of a subsequent amendatory statute merely continuing the tax need not repeat the object of the tax. 7. The amount of a tax on oysters is suf- SUBROGATION. See ACTION OR SUIT, ficiently stated within the meaning of Va. 6; CONTRIBUTION; INSURANCE, 14. Const. art. 10, § 16, by a provision that it shall equal the amount of taxes levied on any other SURETY species of property. ld. 9. An act to amend and re-enact certain sections of the Code of Virginia and repeal others in relation to oysters, and to add independent sections thereto, all of which have an actual connection with the general subject of oysters, does not embrace more than one subject. Id. 10. A license tax on the business of an oyster packer may be properly included in the provisions of a statute on the general subject of the protection and preservation of oysters. State v. Applegarth (Md.) 812 11. The title of an act, which says that it is to tax traffic in intoxicating liquors and regulate and control the same, fairly expresses the purpose of the act, and is not insufficient because the law may be in effect a license law without being so named. State, Witter, v. Forkner (Iowa) 206 COMPANIES. See PRIN- TAXES. See also CONSTITUTIONAL LAW, 1. The requirement of equality and uniformity in taxation is satisfied by such regulations as will secure an equal rate and just valuation, without reference to the method of valuation; and in order to be uniform a tax need not be imposed and assessed upon all property by the same agency or officers. Com. v. Brown (Va.) 110 shall be uniform upon all property subject to 2. The constitutional requirement that taxes taxation, and shall be assessed at its fair cash value (Ky. Const. §§ 171, 172), is violated by a municipal tax which applies the ad valorem system to real property and a license tax to personal property, although it is also provided (SS 174, 181) that taxation based on licenses or franchises may be provided for. Levi v. Louisville (Ky.) 480 3. A tax on sales of oysters, expressly authorized by Va. Const. art. 10, § 2, is not an income tax within § 4, which exempts incomes under $600. Com. v. Brown (Va.) 110 12. A statute permitting certain penalties of a prohibitory liquor law to be suspended in any city or town, upon filing the written consent of the city council and of the majority of the voters in cities of 5,000 or more, but requir-equality and uniformity. 4. A tax on sales of oysters, to be assessed and paid weekly, while other property is assessed and taxes paid thereon once a year, does not for that reason violate the principle of Id. from sulkies a toll of 6 cents for every 5 miles may impose a toll of 1 cent per mile upon bicycles, which under the Pennsylvania statute are entitled to the same rates and subject to the same restrictions as prescribed by law in the case of persons using carriages drawn by horses. Geiger v. Perkiomen & R. Turnp. Road (Pa.) 5. A provision for a fine on a tong man who fails to make a weekly return of sales of oys ters for taxation does not add to or increase the tax so as to affect its equality and uniformity. Com. v. Brown (Va.) 110 6. A license tax on the business or occupation of those engaged in packing or canning oysters is not a tax on property within the constitutional provisions as to equality and uniformity, although regulated by the amount of business done, with a provision for the privilege of paying a maximum fixed amount TRADEMARK. instead. State v. Applegarth (Md.) 812 8. A statute providing that stock and notes of a homestead loan association shall not be subject to taxation violates Ill. Const. art. 9, 1, which declares that the general assembly shall provide needful revenue by levying a tax by valuation so that every person and corporation shall pay a tax in proportion to the value of his, her, or its property. Id. 9. Taxing homestead loan associations on their obligations held against borrowers does not constitute double taxation by reason of a tax on the real estate mortgaged to the association by such borrowers. Id. 10. A tax on the privilege of receiving property by inheritance or will or otherwise, at the death of the former owner, is not a tax on the property or on the right of alienation. State v. Alston (Tenn.) 178 11. A discrimination between direct descendants and collateral kindred and strangers does not make a collateral-inheritance tax unconstitutional. Id. 12. Exempting every estate under $250 in value, but not exempting that sum in larger estates, from a succession tax, does not make the tax unconstitutional. NOTES AND BRIEFS. ld. 65 813 Taxes; constitutionality of exemption. Uniformity of; on occupations. Uniformity of; different rules for realty and personalty; power of court as to. 480 TELEGRAPHS. See ACTION OR SUIT, 7; DAMAGES, 9. TOWNS. See ACTION OR SUIT, 1. 458 1. The right to protection of a trademark, under Mass. Pub. Stat. chap. 76, § 1, does not change the rule that the name of a patented article becomes open to general use on the expiration of the patent. Dover Stamping Co. v. Fellows (Mass.) 418 2. The exclusive right to the use of a name given by a patentee merely to describe his patented article ceases with the expiration of the patent,-at least if there is no special and distinguishing use which shows that the word was not used merely as the name of the thing. ld. 3. The manufacture of articles similar in construction and general appearance to those made by another which were formerly covered by a patent, and the use of the same name which had been given to the patented articles, does not necessarily make a case of deception or unfair competition. Id. 1. The constitutional right of trial by jury is denied by a statute attempting to authorize TELEPHONES. See EMINENT DOMAIN,2. a court without a jury to declare a turnpike road abandoned and its franchise forfeited because the road has been out of repair for six months. Salt Creek Valley Turnp. Co. v. Parks (Ohio) 769 2. Requiring a defendant in a criminal case to stand up or sit down in the presence of the jury at any particular time is within the discretion of the trial judge, involving no constitutional right. People v. Gardner (N. Y.) 699 3. It is proper to mark as an exhibit a writ ing which is competent evidence when it can only be used for its legitimate purpose. Curtis v. Bradley (Conn.) 143 Questions for jury. 4. The justification, on the ground that dancing is immoral, of the published opinion that an academy where dancing is practiced is harmful to moral and religious interests, is a question for the jury under the constitutional provision making them judges of the law as well as of the facts in such cases. St. James Military Academy v. Gaiser (Mo.) 667 5. The intention of the parties to a purchase of grain for future delivery, in respect to the delivery, where there is a claim that the intent was to make an option contract to be settled by payment of differences, is a question for determination by the jury on consideration of the evidence. Pope v. Hanke (Ill.) 568 6. The question of the negligence of a person who drove across a side track before discovering an approaching engine, which was wholly or partly concealed, and was then taken upon the track while trying to turn her horse, which was frightened by the engine,-is for the jury. Gulf, C. & S. F. R. Co. v. Shieder (Tex.) 538 7. Want of ordinary care of an employé in a hotel in going out on a metallic roof in a dark night, with his employer, to secure signs which seemed to be endangered during a heavy rain, and coming in contact with electric-light wires which he knew were above the roof, but which he may not have known to be dangerous, is a question for the jury. Giraudi v. Electric improv. Co. (Cal.) 596 Instructions. 8. The jury may be instructed that in considering the weight and effect to be given to the evidence of an accused person the situation may be considered, and the consequences of the result to the witness, with the inducements and temptations that are involved. State v. Hartley (Nev.) 33 9. Instructions that the interest of witnesses for an accused person, growing out of their relationship with him, or otherwise, may be considered in passing upon the testimony, is not erroneous, where the question of the credibility of the witnesses in general was fairly presented to the jury. People v. De France (Mich.) 139 10. An instruction that certain facts enumerated will not constitute a defense for homicide is not misleading because the facts enumerated are not all that were relied on by the defense. State v. Hartley (Nev.) 33 11. An instruction that certain concurring facts constitute negligence, which assumes nothing as facts, but presents a hypothetical case raised by the evidence, and applies the law thereto, is not an invasion of the province of the jury. Bamberger v. Citizens' Street R. Co. (Tenn.) 13. Instructions as to the negligence of a motorman in failing to stop his car promptly enough to avoid an accident are not erroneous because of an assumption that it was his duty to endeavor to stop, when there are no facts in the case showing that an increase of speed might have been a proper means to avoid the accident. Bamberger v. Citizens' Street R. Co. (Tenn.) 486 Verdict. 14. A general verdict for plaintiff in an action for negligent injuries, under a complaint based on the theory that a brakeman was employed by defendant, is overthrown by special answers to interrogatories to the effect that plaintiff was not in defendant's employ, but in the employ of another railroad company which owned, controlled, and operated the train which injured him. Baltimore & O. & C. R. Co. v. Paul (Ind.) NOTES AND BRIEFS. 216 Liability of officers of a corporation for con422 version by it. TRUSTS. See also ADVERSE POSSESSION, 2; APPEAL AND ERROR, 2; CHARITIES, 3, 4; EXECUTORS AND ADMINISTRATORS, 4-6; HUSBAND AND WIFE, 2. That a member of a partnership concern, who is also a trustee for a third person, commits a breach of trust by loaning the trust fund to the partnership, in which the copartners participate, will not create a lien for the amount in favor of the cestui que trust, either on the firm assets or on real estate of the partnership which stands in the individual name of the trustee. Goldthwaite v. Janney (Ala.) 161 TURNPIKES. See also CONSTITUTIONAL LAW, 9; TOLLS; TRIAL, 1. A turnpike company authorized to collect other carriage of burthen or pleasure," based tolls from any of designated carriages "or upon the number of horses and wheels, may collect tolls from bicycles, although the amount of toll to be charged cannot be computed by the method designated for other vehicles. Geiger v. Perkiomen & R. Turnp. Road (Pa.) VACCINATION. 458 See HEALTH, 1, 2, NOTES AND BRIEFS. 486 VENUE. See COURTS; NOTES AND BRIEFS. 12. An instruction that it was the duty of a VIEW. See APPEAL AND ERROR, 8. person to do certain things, which is equivalent to declaring as a matter of law that failure to do so would have been negligence, is correctly refused. Gulf, C. & S. F. R. Co. v. Shieder (Tex.) 5381 VOTERS AND ELECTIONS. See also MUNICIPAL CORPORATIONS, 3. 1. By the use of the word "delegate," in |