Show ri LIQUORIS NO BAR I Drinking Habits of a Widow Do Not Disqualify Her Wqman Gets 1000 1 from a Texas Railroad for r Being i S Compelled to Ride With Negroes I 1 > I 7 The fact that a widow Is addicted1 the use of Intoxicating liquors does I not Jprevent her from becoming the administratrix of her husbands estate holds thoSuiTo ate of Suffolk county New York In his decision the Surrogate Surro-gate said In part It must be remembered remem-bered that It Is not Intoxication which disbars one otherwise qualified from receiving letters of administration administra-tion The question Is not whether an applicant has been addicted to the use of Intoxicating liquors nor whether she Is so addicted at the present tIn cIt tof I It la a common thing for men prominence and reliability to drink when they seem nor do their acts in I this regard prevent them from tilling1 positions of trust and icsponslblllty ably It is only when their habits of I cloud drink arc carried so far as to tho braIn and weaken their respect for honesty and Integrity that courts are called upon to take cognizance of their use of liquor The certificate Insurance Issued by a fraternal organization provided that It should be null and void In case of the untruthfulness 61 nny of the I ansvjrsk 1 In Lho application An applicant appli-cant received a ccrtfllcute alter ho had stated that lie was th nand had been lor seven years past free from any disease Foul days afler receiving receiv-ing blayCerlllicate ho was taken seriously seri-ously Ill tfllh cancer whlch resulted in his death in a short time In an action ac-tion By his wIdow to recover on his policy the Supreme court of Michigan held that Inasmuch as the testimony failed to show conclushcly vJthat the insured had < the cancer ntitl1o time he received the certificate of Insurance insu-rance the jury had a right to pass upon the question as to whether he was in good health at the time he made hjs application S A verdict of 1000 against a railroad company in Texas for compelling awhile a-while woman to ride sixty miles In the coach for negroes was held to be excessive by the Court of Civil Appeals Ap-peals In the case of Missouri etc Railway company vg Ball 61 SW Rep 327 The court said that HOO would be full compensation for all the damages sustained and that if I tho plaintiff would remit 900 of the verdict ver-dict the judgment would be affirmed otherwise reversed The court however how-ever expressly held that In forcing the plaintiff a white woman to ride In l the negro car the railroad company violated vio-lated KB contract and failed to discharge dis-charge its duty as a common carrier and for the breach of contract and neglect neg-lect of duty was liable for such damages dam-ages as It ought to have reasonably anticipated woufd flow therefrom And among the elements of damages are mental pain anxiety distress oij humiliation hu-miliation suffered a I A written permission given by a mother to a liquor dealer authorizing him tp sell liquor to her minor son was held by the Court of Criminal Appeals Ap-peals of Texas In the case of Patten vs State 61 S W cp309 > rIot to be admissible In a prosecution against l the liquor dealer for such a sale unless un-less It was shown to have been In his possession at the time of the saleS sale-S S The question whether the word Uneeda could be registered as a trademark for biscuits In England was recently passed upon by Justice CozensHardy who held that the word was not entitled to registration as It was not an Invented one under the patent acts but consisted only of the misspelling of the words you need a A passenger on a street car who acts In such a manner as to justify the Inference that ho Is Intoxicated and falls Into a sleep from which the conductor con-ductor falls to arouse him by shaking shak-ing him may be ejected holds l the Supreme Su-preme Judicial court of Massachusetts Massachu-setts In the case of Hudson vs Lynn B R R 59 N E Rep 647 but the court holds further that It Is not due care to put him on a dark and stormy night in an unlighted road some distance from buildings though street cars are passing at the time and teams are likely to pass 1 Where a witness testifies a conversation con-versation over a telephone and that he recognized defendants voice the S Supreme Judicial court of Massachusetts Massachu-setts In the case of Lord Electric company vu Worrlll 69 Nr E Repr SOn holds that there Is aufllclcntly evidence of identity to justify the admission ad-mission of tho conversation Where a paasenger on a street car In given a wrong transfer slip by the conductor and boards a oar on the connecting line tenders the transfer which IB refused by the conductor declines de-clines to pay her fare and Is forcibly ejected after being requested to leave the car t Supreme court of Illinois In the case of Kiley vs Chicago City i I Railway company 5G N E Rep 704 holds that the passenger cannot recover r re-cover for any Injuries sustained as It wafj her duty peaceably to leave the car and deck proper redress In the courts t A person who constructs a building upon his own property with windows 1nlL upon the side faclag his next neighbors l property so that the privacy pri-vacy of the lathers residence Is i Inter ferpd with cannot bo made by his neighbor by Injunction to close the windows holds the Supremo court of Louisiana in the case of Bryant vs Sholara 23 So Rep 3EO the Jailers remedy being tc establish screens upon his own property v 110 i I A judgment of 5750 In favor of a I father of a child and against the Wdstern Union Telegraph company for allure of the company to deliver a tclegrani to the father announcing the death of his child whereby ho was prqventcd from attending the funeral was affirmed by the Court of Civil Appeals Ap-peals of Texas In the cuso of Western Union Telegraph company vs Rice C SW Rep 327a S a a A allure to destroy the unvoted ballots bal-lots In localoption election docs not Invalidate the election holds the Court of Appeals of Kentucky In the cage of DPuckolt vs Snider 61 W Rep 277 as the statute requiring the destruction de-struction of tho ballots Is merely directory di-rectory and not mandatory 0 A written contract between aChipper an < J a common carrier by 1 which It Is stipulated In consideration of Cl re duced rate for carriage that the value of the articles shipped shall be llm Iteq to a stated amount Is held by the United States Circuit court of Ap peals in tjic case of Jennings VH Smith lOG Fed Rep 130 not to be void ad against public pollcyt uj re lloVIng the carrier from liability Corn Cor-n I i 0 0 I Where a partnership has been de r clntjed to be bankrupt Judge McPhcr son of the United States District court I E D Pennsylvania In re Stokes et al log l i dRCp 312 h holds thatrthoin I i li v S 1I dividual 1 estates of the partners 1 though they arc not adjudged bankrupts bank-rupts Individually are drawn to the court of bankruptcy for administration administra-tion and that such court may require an assignee for the benefit of creditors credi-tors of one of tho partners to surrender surren-der the assigned 1 property the trustee trus-tee vof the partnership by a summary order since such assignee does not h61d adversely but In the right of his assignor In l passing upon tho constitutionality of an act of the Legislature limiting I the height of buildings to seventy feet qn lands adjacent to the new courthouse court-house tiC Supreme court of l 1 ass n I I ciusotts held l that the State In the oxcrclso of Its police power has not th right to Impose such restrictions without paving damages to the prop ertyfawners off cted The 1 Massachusetts S statute providing 1 I provid-ing for extra punishment In the case of habitual criminals has been held to bo Valid and constitutional by the Supreme court of the United States The court held that the extra punishment punish-ment was not for past offenses but fQr the offense for which the criminal might be on trial The statutes In regard to Insanity Ins In-s far as they permit the perpetual confinement of one as Insane without service of notice on him of the application applica-tion for an adjudication as to his sanity san-ity or hearing at which he is present in person or by representative are held I to unconstitutional by the Supreme court of New York special term In the case of People vs Wendel GS N Y Supp 04S as authorizing the deprivation depriva-tion of liberty without duo process of law S 0 The statute In New York State prohibiting pro-hibiting the sale of any butter or cheese procuct containing a preservative preserva-tive except salt and splrltous liquor In cheese and sugar In condensed milk and prohibiting the sale of any preserving pre-serving substance to DC soused and providing a penalty therefore was held to be unconstitutional by the Supreme court Appellate division of New York In the case of People vs BIcsecker N Y Supp 10G7 as an Improper restraint re-straint on personal liberty to sell articles arti-cles of commerce 0 t 0 A flight of states Inn public building leading only to a room Is held by the Supreme court Massachusetts In the case ajcXcll vs city oCBoslon 59 N E Rep 810 not to be a highway or town way which would entitle a person who was injured by a defect In such public stairs to maintain a suit against the city |