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requisite of a city council's right to allow railroad tracks to be laid in the city streets, applies as well to lodividuals seeking franchise as to corporations.--McGann v. People, Ill., 62 N. E. Rep. 941.

137. MUNICIPAL CORPORATIONS – Scattering Paper.An ordinance probibiting the casting of circulars and waste paper in vestibules of houses held within the legislative power of the city as to streets.-City of Philadelphia v. Brabender, Pa., 51 Atl. Rep. 374.

138. MONICIPAL CORPORATIONS-Service of Process.Service of summons on the clerk and three members of the council held sufficient service on a city.Cooper v. Borough ol Cape May Point, X. J., 51 Atl. Rep. 511.

139. MONICIPAL CORPORATIONS-Special Assessment. -Invalidity of ao ordinance requiring that only members of labor unions sha'l be hired on work for the city held no defense to an action to recover on a special assessment; it not appearing that such invalid ordiDance was connected with the contract or proceedings.-Treat v. People, Ill., 62 N. E. Rep. 891.

140. NAMES-Tax Sale.- Where there is evidence in proceedings involving the validity of a tax sale of real estate that the owner was as well known by the name of "Maria Lancy" as "Maria S. Lancy," the tax proceedings will not be set aside because the owner is de. scribed therein by the former name.-Lancy v. Snow, Mass., 62 N. E. Rep. 735.

141. NAVIGABLE WATERS--Release of Public Rights. -A grapt made by the riparian commissioners under authority of Act April6, 1871 (Gen. St. p. 2796), and pre. ceding acts, held to extinguish any highway rights wbich the public may have acquired in the land granted.-Morris & E. R. Co. v. City of Jersey City, N. J., 51 Atl. Rep. 387.

142. NEGLIGENCE – Care Required of Owner.-The owner of standing walls of a building destroyed by fire held, after the expiration of a reasonable time wbich to take proper precautions, to be liable for the failure to use care sufficient to absolutely prevent in. jury, except from ris major, acts of public enemies, etc. -Ainsworth v. Lakid, Mass., 62 N. E. Rep. 746.

143. NEGLIGENCE Sufficiency of Complaint.-The complaint in an action for Injuries resulting from deTendant's negligence is not required to contain an ex. press averment of defendant's negligence; but the al. legation of facts showing a duty and a failure to per. form such duty is sufficient.-Illinois Steel Co. Ostrowski, Ill., 62 N. E. Rep. 822.

144. NEW TRIAL-Jurorg.-It is no ground for a new trial that a jurör had become a bankrupt, and so was disqualified to serve.-Guckian v. Newbold, R. I., 51 All. Rep. 210.

145. PARTIES – Intervention.- Where one claiming title adversely to the mortgagor intervenes in an ac. tion to foreclcse the mortgage, it is error to include in the deoree dismissing the bill a finding that intervener had no title.- Ennis v. Wolff, III., 62 N. E. Rep. 842.

146. PARTNERSHIP - Assumption of Debt.-Partner, sued by firm creditors, who does not notily his copart. per, capnot recover counsel fees against the latter, though he had assumed the firm debts.-Fairfield v. Day, N. H., 51 Atl. Rep. 263.

147. PAYMENT Detached Coupons.-A pledge of boods as security neld not to be with presumption that the detached matured coupons were paid or can. celed.--Roawn v. Elge IIill Furnace Co., Pa., 51 Atl. Rep. 360.

148. PHYSICIANS AND SURGEONS - Damages.- Where a patient is injured by a physician's negligent and un. skillful treatment, the loss or injury directly and nat. urally resulting from his fault or negligence is the measure of damages.-Challis v. Lake, N. H., 51 Atl. Rep. 260.

119. PHYSICIANS AND SURGEONS Sufficiency of Com. plaint.-lu an action by a physician for services, it will be presumed that he has complied with Laws 1893, ch.

133, prescribing the conditions on which he may prac. tice medicine, and the complaint need not allege a compliance.-Webster v. Lamb, s. Dak., 89 N. W. Rep. 473.

150. PLEADINGS-Declaration sufficient Alter Verdict. -A declaration which failed to allege the servant's ignorance of the defect in appliances which caused his injury beld, in the absence of demurrer, to be sufficient after verdict.-Ide v. Fratcher, Ill., 62 N. E. Rep. 814.

151. PLEADING-Set Off.-- Defendant beld not entitled to set off claim due him from plaintiff, because not pleaded.-Harrison v. State Banking & Trust Co., S. Dak., 59 N. W. Rep. 477.

152. PRINCIPAL AND SORETT – Demand of Payment.Till there is a demand for payment, evidencing an in. tent to require payment forth with, of surety on a bord conditioned for completion of building, the surety is not liable for interest.- Foiz v. Tradesmen's Trust a Saving Fund Co., Pa., 51 Atl. Rep. 379.

153. PROCESS — Publication of Summons.- An objec. tion that a complaint was not made a part of the affidavit for publication of summons, and that there. fore the affidavit failed to show a cause of action against defendants, held untenable under the facts.Wiley v. Carson, S. Dak., 89 N. W. Rep. 175.

154. RAILROAD8-Contributory Negligence.-There is no such difference between an electric railway in the country and a steam railway as to render what would be contributory negligence as respects crossing a steam railway due care as respects crossing an elec. tric railway.- McNab v. United Railways & Electric Co., Md., 51 Atl. Rep. 421.

155. RAILROADS Negligence.- Assumption of em. ployees of railroad company, in shurting cars onto a coal company's wharf, ibat wharf was clear, based on notification by wharf owners that ears were wanted, held not to conclusively defeat the right of un employee of the coal company, working on the whart, to recover for injuries.- Baltimore & O. R. Co. v. Charvat, Md., 51 Atl. Rep. 413.

156. REPLEVIN – Damages.- Where defendant in an action in replevin obtains a judgment for return of the property, he is entitled to reasonable damages occasioned by the replevin, but not to the cost of new property purchased by him to take the place of the old.Adams v. Wright, Conn., 51 Atl. Rep. 537.

157. REPLEVIN — Judgment.-In replevin, where dePendant retains possession by giving bond, and plaintiff recovers in whole or in part, a general judgment for so much money is invalid.-Tumulty v. Jordan, N. J., 51 Atl. Rep. 466.

158. SALE8-Burden of Prool.-In an action for goods sold, where delendavt alleges that he acted merely as a commission merchant, the burdeu of proof as to such defense is not on him.-Alpert v. Bright, Conn., 61 Atl. Rep. 521.

169. SJLES-Replevin.-The fact that one has sold certain coat linings, which have been put into completed garments, will not entitle him to repli vin the completed garments from under the levy of an execu. tion creditor of the purchaser, on the theory that the sale of the linings was induced by the purchaser's fraud.-Bennet v. Gilbert, Ill., 62 N. E. Rep. 847.

160. SALE 8-Waiver of Lien for Custody.-Where sel. ler in an executed contract for sale of cattle refuses delivery at the time agreed on, he waives big lien for keeping the cattle after the time for delivery.-Crug v. Gorham, Conn., 61 Atl. Rep. 619.

161. SCHOOLS AND SCHOOL DISTRICTS- Advertisement for Bids.- A board of education, not required to ad vertise for proposals for doing work, muy enter into any contract it deeme best without reference to any advertisement made.-Coward v. City of Bayonne, N. J., 51 Atl. Rep. 490.

162. SCHOOLS AND SCHOOL DISTRICTS-Awarding Con. tracts.-A board of education organized under Re. vision of 1900 (P. L. 1900, p. 192), in seeking proposals

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for a contract for supplies, may delegate to a commit tee the negotiations for the contract, provided the re. sult of the negotiations is considered by the board before the award of the contract.- Kraft v. Board of Ed. ucation, N. J., 51 Atl. Rep. 483.

163. SHERIFFS AND CONSTABLES Compensation.Under Rev. St. 1898, $ 731, subd. 27, the sheriff is not en: titled to compensation for unsuccessful trips to serve criminal warrants, except under subdivision 34 of said section, authorizing in the discretion of the county board a reasonable allowance for the time employed and expenses incurred.-Northern Trust Co. v. Snyder, Wis., 89 N. W. Rep. 460.

164. STATUTES-Construction.-Hurd's Rev. St. 1899, p. 1143, regulating the practice of medicine, held not upconstitutional, as including more than is expressed In its title.-People v. Gordon, III., 62 N. E. Rep. 858.

165. STATUTES – Extraterritorial Effect.-Penal stat. utes of one state can have no operátion in another, be: ing strictly local in their effect.-Kepnealy v. Leary, N. J., 51 Atl. Rep. 475.

166. STATUTE8–Municipal Corporation.- A judgment in nandamus, requiring a city to disconnect certain ter. ritory, under Laws 1879, p. 77, reversed by the supreme court, under Laws 1901, p. 96, though the latter act was passed after the judgment was affirmed by the appel. late court.–Vance v. Rankin, I11., 62 N. E. Rep. 807.

167. STATUTE8-Representation on County Board.The provisions Act of June 8, 1901, amended the charter of the city of Saginaw as to the city's representa. tives on the board of county supervisors, held pot separable, so as to make any of such provisions valid. - Attorney General v. Gramlich, Mich., 89 N. W. Rep. 446.

168. STATUTES-Taxing Building and Loan Associations.-Laws 1895, p. 300, in reference to the taxation of building and loan associations and the stock there. of, held not invalid as including subject.matter with: in the title of the act.-In re St. Louis Loan & Investment Co. of East St. Louis, Ill., 62 N. E. Rep. 810.

169. STREET RAILROAD8- Contributory Negligence. -One wbo negligently goes on street railway track may nevertheless recover, il motorman could have avoided injuring him by due care, and he himself could not have escaped after discovering approach. ing car.-Parkinson v. Concord St. Ry., N. H., 51 Atl. Rep. 268.

170. TAXATION- Building and Loan Association. Laws 1901, p. 265, amending Laws 1895, p. 300, $ 29a, relating to the taxation of the stock of building and loan corporations, is invalid as an attempt to exempt certain stock from taxation.-In re St. Louis Loan & Investment Co. of East St. Louis, Ill., 62 N. E. Rep. 810.

171. TAXATION-Omitted Property.- Under Revenue Act, $$ 41, 46, 47, 49, 77, where a railroad company re. turps a sheep pen as "railroad track," the assessor is not bound to follow the copy schedule furnished bim by the county clerk, but should assess such tract as oinitted property.-Chicago & N. W. Ry. Co. y. Peo. ple, Ill., 62 N. E. Rep. 869.

172. TAXATION-Right of Purchaser.-A purchaser of really from a tenant in common after sale of the property for assessments held not entitled to parti. tion as against the purchaser under the sale.-Wind. miller v. Leach, 111., 62 N. E. Rep. 769.

173. TAXATION - Tax Deed. A certificate of error purporting to set aside a tax deed for taxes for sev. eral years, might annul the deed in part only, if the orror did not affuct all of the titles covered.-Vetterly V. McNeal, Mich., 89 N. W. Rep. 441.

174. TAXATION- Tax Sale.-A tax sale of real estate for taxes for two years, for an integral price, at one sale and on ore bid, is valid ; but the statement of taxes in the posted and advert sed notices of the sale must state the tax for each year separately.-Lancy v. Snow, Mass., 62 N. E. Rep. 735.

175. TRIAL-Instruction.-In giving a requested instruction as to the things to be taken into considera. tion in determining the weight to be given to the tes. timony of a witness, it is not error to modity the In. struction by adding other proper matters for consid. eration in the subject, where the instruction given covers all that was asked.-Chicago, B. & Q. R. Co. v. Pollock, Ill., 62 N. E. Rep. 831.

176. TRIAL-Instruction.-Where it would be proper to instruct on the questson of fellow.servants, omis. sion of this subject to plaintiff's Instructions would be cured by subsequent instructions for defendant fully covering it.-Ide v. Fratcher, Ill., 62 N. K. Rep. 814.

177. TRIAL Reservation of Question of Law. "Whether there is any evidence in this case that K's death was caused solely by external, violent, and accidental causes" is a good reservation of a question of law.-Keeler V. Pacific Mut. Lite los. Co., Pa., 51 Atl. Rep. 366.

178. TRIAL-Special Verdict.-Special verdict will not sustain a judgment, uvless it contains all the essential facts,-those admitted, as well as those disputed. Standard Sewing Mach. Co. v. Royal los. Co., Pa., 51 Atl. Rep. 354.

179. TRIAL-Trespass.-Io trespass quare clausum, an instruction that plaintiff could not recover unless be was found to have been in actual possession covered a requested instruction that title alone, if found in plaintiff, would not entitle him to recover.-Vetterig v. McNeal, Mich., 89 N. W. Rep. 411.

180. TROVER AND CONVERSION License. Where there was on delendent's land certain wood, which bad been cut and which plaintiff was entitled to re. move, and defendant forbade such removal, it con. stituted a conversion.- Erskin v. Savage, Me., 51 Atl. Rep. 242.

181. TRU8T8-Appointment.-The sbare of a trustee, as cestui que trust, he having exercised his power of testamentary appointment, held not applicable to ward deficiency caused by his default as trustee.- 11 re Danglison's Estate, Pa.,01 Atl. Rep. 356.

182. USURY-Proots in Lieu of Interest.-A gale for a judgment poto on agreement to receive in lieu of in terest a share of the profits equal to $150 a month, held not usurious, under A et April 6, 1870.-Scott v. Kennedy, Pa., 51 Atl. Rep. 384.

183. WILLS - Election. Where testator gave the residue of the estate to his wife, and devised properly of hers to the heirs of his son, and she took under the will, her executor held bound by such election.-Kid. der v. Douglaes, Ill., 62 N. E. Rep. 911.

184. WILLS, Iotention of Testator. - A legacy to a testator's wife held not to have been given in lieu of dower.-Thompson v. Betts, Conn., 51 Atl. Rep. 561.

185. WILL-Power of Disposition.-A will providing, “I desire the remainder of my estate to be disposed of in accordance with the judgment and advice of my executor,” gives him an unlimited power of disposi. tion.- In re Watt's Estate, Pa., 51 Atl. Rep. 588.

186. WITNESSES-Admissibility of Evidence.- Where plaintiff, in an action for injuries sustalded wbile at: tempting to alight from a street car, testified that the car stopped long enough for him to alight, and that he gave no signal to the conductor of his intention, held not error to refuse to allow him to state bis recollection of the length of time the car stopped.Ackerstadt v. Chicago City Ry. Co., III., 62 N. E. Rep. 884.

187. WITNESSES-Credibility.- That the beneficiary under a will did not wieh to disclose incidents of his early life and his family connections, matters pot connected with the issue of undue ipfluence on trial, and tbat he may have gworn faleely concerning such matters, was not cause for rejecting all his testimony concerning the issue.-In re Willford's Will, N. J., 51 Atl. Rep. 501.

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"under which the accused made the confesCentral Law

sion were these : There was what was known

as a 'sweat box' in the place of confineST. LOUIS, MO., JUNE 20, 1902.

ment. This was an appartment about five

or six feet one way and about eight feet anTHE "SWEAT BOX” AS A MEANS OF EXTORT

other. It was kept entirely dark. For fear ING CONFESSIONS FROM SUSPECTED CRIM. that some stray ray of light or breath of air INALS.

might enter without special invitation, the The word "liberty" represents one of small cracks were carefully blanketed. The the highest and most cherished rights of prisoner was allowed no communication man. Notwithstanding, a most dangerous whatever with human beings. Occasionally and insidious tendency is observable, to in- the officer who bad bim put tbere would apfringe and impair it, especially in the large pear and interrogate bim about the crime municipalities. A characteristic illustra- charged against him. To the credit of our

of this tendency--the sweat box advanced civilization and humanity it must -has been

been justified as a police regu. be said that neither the thumbscrew por the lation, and in every large city the police wooden boot was used to extort a confession. department have one of these “modern im. The efficacy of tbe sweat box was the sole provements” by which they can “sweat out” reliance. This, with the hot weather of sumconfessions from suspected criminals. Such mer, and the fact that the prisoner was not "improvements” are in line with many other provided with sole leather lungs, finally, questionable methods made use of by sheriffs, after several days of obstinate denial, acpolice officers and prosecuting attorneys, who complished the purpose of eliciting a 'free imagine that the most important business of and voluntary' confession. The officer, to their offices is to secure the conviction of his credit, says he did not threaten bis prisevery person who is so unfortunate as to be. oner, that he held out no reward to him, and come an object of their suspicion. The sur- did not coerce him. Everytbing was ‘free roundings and manner of making use of the and voluntary. He was perfectly honest "gweat-box" rest on a presumption that the and frank in his testimony, this officer was. prisoner is guilty, and that bis denial of the offense charged against him is untrue.

, purpose of it is therefore utterly contrary to have tempted him, we assume, to violate any the spirit of the law: first, because the law pre- technical requirement of a valid confession, sumes everytbing in favor of the innocence of no threats, no hope of reward, no assurance the party charged with crime ; second, because that it would be better for the prisoner to a confession to be admissible against a pris. confess. He did tell him, however, that oner must be voluntary, and not made under it would be best for him to do wbat was fear or unnecessary restraint.

right,' and that it would be better for him Courts of last resort ave had very little to tell the trutb.' In fact, this was the opportunity to express hemselves on the use general custom in the moral treatment of of this means in the detection and prosecution these sweat-box patients, since this officer of crime and criminals, so that it was with says, 'I always tell them it would be better more than usual interest we were attracted for them to tell the truth, but never hold out to the opinion of Supreme Court of Missis- any inducement to tbem.' This sweat sippi handed down May 19, 1902, in the recent box seems

to be a permanent institucase of Ammons v. State, 32 South. Rep. 9, tion, invented and used to gently per- . holding that a "gweat-box" confession is suade all accused persons to voluntarily tell absolutely inadmissible against the prisoner. the truth. Whenever they do tell the truth,

The character of the sweat-box in this case that is, confess guilt of the crime, they are and the circumstances under wbich the con- let out of the sweat box. Defendant, unless fession was made are described in an exceed- demented, understood that the statement ingly interesting but rather caustic style by wanted was confession, and tbat this only Calhoon, J., who wrote the opinion. "The meant release from tbis 'black bole of Cal. ircumstances” says this learned judge,

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Sucb is one of the most graphic of the spirit of the law as not to be countepictures of the beauties and advantages Danced for a moment. It presumes the pris. of this latest of modern "improvements” oper to be guilty and by its methods of inin criminal procedure. The court's opinion of quisition, which, under the peculiar circumit in this case, however, is not apologetic in stances surrounding the procedure, is prathe least: "Such proceedings" says the tically a sort of mental torture, very often court, “as this record discloses cannot be too enforces a confession that can very seldom, strongly denounced. They violate every it ever, be anything but involuntary. The principle of law, reason, humanity and wonder is that such methods should be even personal right. They restore the barbarity tolerated in a free country. of ancient and medieval methods. They obstruct, instead of advance, the proper ascer- NOTES OF IMPORTANT DECISIONS. tainment of truth. It is far from the duty of an officer to extort confession by punish

BANKS AND BANKING-LIABILITY OF DIRECment.

TORS FOR DEFALCATION OF OFFICERS DUE TO On the contrary, he should warn bis

Their NEGLIGENCE.—The question of law stated prisoner that every statement he may choose

as the subject of this note is in quite an unsettled to make may be used against him on his state, owing to the decision of the United States trial.”

Supreme Court in the famous case of Briggs v. There are two phases to this question : first, Spaulding, 141 U. S. 132, 11 Sup. Ct. Rep. 924, 35 as to whether accused is in legal or illegal

L. Ed. 662, denying the liability of bank directors

for negligence in failing to discover the defalcacustody; second, as to the method of extort

tion of officers and servants of the bank. That ing the confession. The principal case holds decision is admitted to be indefensible on printhat even if the custody and confinement is ciple and has been criticised in many subsequent legal, the "sweat box” method of extorting

Io 50 Cent. L. J. 49, tbe decision is carea confession is vicious and renders uneffect

fully analyzed and the errors of the court clearly

pointed out. Four of tbe ablest of the Justices ual any statements made at that time and

dissented so that it cannot be said to be improbunder those circumstances. The furtber able that on a subsequent hearing on this quesquestion as to the legality of the custody in tion, the court may decline to follow the former such cases is a new one, but of growing in

decision. Meanwhile the question is arising quite terest. The practice seems to be becoming frequently in many of the state and lower federal

courts. Thus in the recent case of Campbell v. general in large cities for the chief of police

Watson, 50 Atl. Rep. 120, the Supreme Court of or of detectives to order the arrest of sus

New Jersey held that in an action by a bank's repected persons without warrant, for the pur- ceiver against the directors for losses caused by pose of ferreting out crime and extorting a the casbier's abstraction during several years, confession. Whether confessions made wbile

wbich it was alleged they negligently failed to

sooner discover, defendants cannot claim that to under illegal arrest are admissible in evidence

hold them responsible for failure to discover such against the accused is a matter on which the

defalcations would require of them too high a cases are not unanimous. Hoober v. State, degree of care and attention, where the examina81 Ala. 51. But the weight of authority tion necessary to discover the frauds required seems to be in favor of their validity. Peo

merely an adjustment of accounts. ple v. Devine, 46 Cal. 46 ; Balbo v. People,

This decision is directly contrary to the de.

cision in the case of Briggs v. Spaulding. The 80 N. Y. 499; Commonwealth v. Cuffee, 108

court in speaking of the argument of the supreme Mass. 285. Thus in the case of People v. court that all the directors of the bank are not to Devine, supra, when a person charged with be beld liable for the misconduct or negligence the commission of a crime was arrested and of their co-directors on tbe notion that tbey are held in custody more than twenty-four hours

not joint feasors, says: “I am unable to adopt

this ground as solid. It leaves out of view enwithout being taken before a magistrate, it

tirely the element of care and diligence in superwas held that a voluntary confession made by vising the affairs of the bank. Four justices dishim to the officer was not to be excluded from

sented, and declared in favor of holding the deevidence on the ground that he was illegally fendants in question liable for such losses as ocin custody after the twenty-four hours ex

curred after they had opportunity to investigate

the affairs of the bank and stop the improper pired. But admitting the custody to be

practices of the vice-president. I confess that I legal, the "sweat box” method of extorting

think the reasoning of the minority opinion more a confession is such a violent infraction

convincing." The United States Circuit Court of

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Appeals has also refused to follow the rule an joining states. In return for this sacrifice, by the nounced in Briggs v. Spaulding. Warner v. Pen states, however, the general government assumes noyer, 91 Fed. Rep. 587,44 L. R. A.761. See also to act as arbitrator of all disputes between them. the following important and valuable cases hold And these disputes include, not only controvering bank directors liable in such cases. Mar sies over boundary lines or settlement of propshall v. Bank, 85 Va, 676, 8 S. E. Rep. 2 L. R. A. erty rights, but disputes over rights and privi. 534, 17 Am. St. Rep. 81; Warrer v. Robinson leges of any kind that might reasonably be the (Utab 1899), 57 Pac. Rep. 287. The court in the subject of treaty or the occasion of a resort to last case cited uses this strong language, to which

This was well settled in the recent case give our hearty endorsement: 6.It is the of Missouri v. Illinois, 180 U.S. 208, 21 St. Sup. Ct. right and duty of the directors to take upon Rep. 331, where such jurisdiction was held to themselves the management of the institution, extend to a complaint by one state that the acand to exercise and maintain a supervision over tion of another state in constructing a sewage all business operations, upon the skillful and wise canal for the purpose of dumping the sewage conduct of which depend the prosperity of the of a large city into the waters of a stream wbich institution and the safety of those dealing with flowed through and was vitally necessary for

it.

The duties of directors are admin the use of the citizens of the former state. In istrative, relate to supervision and direction, and that case Justice Shiras, speaking for the court when it is sought to hold them responsible for a on the subject of jurisdiction, said: “It is true dereliction of duty, because of which a loss oc that no question of boundary is involved, nor of curred to stockholders and creditors, they cannot direct property rights belonging to the complainevade liability by pleading ignorance of the af ant state, but it must surely be conceded that if fairs of the institution, incompetency, or gratuit the health and comfort of the inhabitants of a ous service, or that the management of the bank state are threatened, the state is the proper party ing business was in the hands of the cashier or to represent and defend them. If Missouri were other executive officer."

an independent and sovereign state, all must ad

mit that she could seek a remedy by negotiation, FEDERAL JURISDICTION-CONTROVERSY BE- and, that failing, by force. Diplomatic powers TWEEN STATES AS TO DIVERSION OF WATER BY

and the right to make war having been surrendONE TO THE INJURY OF THE OTHER—A contro ered to the general government, it was to be exversy between sovereign states, taking the form of pected that upon the latter would be devolved an ordinary civil suit, is one of the strange pecu the duty of providing a remedy and that remedy, liarities of American jurisprudence. An inter we tbink, is found in the constitutional provisesting instance of this unique form of action ap ions we are considering." pears in the recent case of Kansas v. Colorado,

We pause before concluding this note 22 Sup. Ct. Rep. 652. In this case à bill was to again call attention to the wonderful and filed by the state of Kansas in the United States unique character of this proceeding. It has no Supreme Court against the state of Colorado counterpart in the whole realm of jurisprudence. wbieb presents the question whether the latter Many, indeed, have been the attempts to organstate has the power wholly to deprive the state. ize tribunals having cognizance of disputes beof Kansas of the benefit of water from the tween sovereign states but they invaribiy broke Arkansas river, which rises in Colorado and unsuccessfully from lack of power to enforce flows into and through the state of Kansas. their decrees. No such fatality attaches to the The state of Colorado filed a demurrer to the bili

judgments of the judicial arm of the federal govof complaint denying that the United States ernment of the United States. The right of a Supreme Court bad any jurisdiction either over state to nullify an act of the federal government the parties to or the subject-matter of the suit, was forever settled on the field of Appomattox and for the reason that the question at issue did not Gettysburg. Within the jurisdiction and power constitute, within the meaning of the constitution, given to the federal government by the constituany controversy between the state of Kansas and tion it is absolutely supreme, and in no respect the state of Colorado.

is this jurisdiction more productive of deThe frequent occurrence of suits between states sirable results than in the settlement of difficulof late years has demonstrated the wisdom of the ties between the states. framers of the constitution in providing for their exclusive cognizance by the United States

RIGHTS AND DUTIES OF ADJOIN. Supreme Court. A state is a sovereignty and under the rules of international law might settle

ING LANDOWNERS-LATERAL SUPits disputes with other states either by treaty or

PORT. an appeal to force. The states of the American General Principles Governing the Actions of right, possessed of every attribute

of Owners of Land. — Every man is entitled of sovereignty, including the two just referred to. These latter, however, they have surrend

to the natural and ordinary use and enjoyered to the general government and are thus ment of his property. The landowner has stripped of any power to settle disputes with ad absolute dominion over the soil for an indefi

union are,

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