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[©cent Legal Decisions.
-Railway Track—L)am-
[Lot-Qwners.—The owner of
a street in Denver, upon which
erected a hotel and dwelling-
sued the Union Pacific Railroad
f»any to recover damages for the
V his property hy tlie laying of
ack in the street. This track was
Idown feet from the pavement
jrbove the level of the street, so
ns could not freely pass to and
the houses. The company set up
ts defense that the track had been
hy virtue of an ordinance which
Inted it the right of way through the j
let. The plaintiff recovered a judg- |
tit for $1850 in this case—Mullandin j
Union Pacific Railroad Company—
the United States Circuit Court-for
llorado. Judge Hallott, in the opin-
said : “ The right and interest of
plaintiff in the street in front of his
arty is secured to him by section 15
Bill of rights of the State Consti-
wliich declares ‘ that private
[rty shall not be taken or damaged
[public or private use without
L compensation. ’ It has lieen said
property cannot be 1 taken ' within
of that provision except by
Ipreation of the land itself, but
limitation is applicable to the
relating to damages. The benefi-
of plaintiff’s estate embraces the
if ingress and egress, which can-
k withdrawn or obstructed without
ial damage to it. The use of
et is therefore a right of prop
laintiff. which, if is not ‘taken,’
jtinly -damaged,’ within the
if the Constitution, by the act
Jant in building its road
^street.”
-Article not Marked—
tAL Notice.—A compound wfcich
Tbeen patented, but upon which
was no notice of that fact, was
fed by another person, and the
itee sued for an infringement,
defendant relied upon the absence
the patent-mark as his defense. On
[the trial of the case—New York Pliar-
Iinical Association vs. Tilden. in the
d States Circuit Court, S. D., of
bw York—the complainant was al-
red to prove that verbal notice of the
suing of the patent was given to the
[defendant, who continued thereafter to
[make, use and sell the compound.
JJudge Wallace, in giving the com
plainant, a decree said : “The statute,
.Section 4900 United States Revised
statutes, declares that no damages can
[ be recovered in a suit for the infringe-
fment of a patented article when the
istamp is not on it, except upon proof
iiat notice of the infringement was
[iven, and there was a continued mak
ing, using and vending of the article,
lit has never been decided in any re
ported case brought to my attention,
whether the notice contemplated by the
statute & a written notice, or whether
k a verbal notice is sufficient. This
statute requires proof that the defend-
was duly notified, and then eontin-
to infringe, and therein differs from
utes which have been the subject of
Lcial construction upon the method
Jot.ioe. Not only does it not require,
'terms, ‘notice to be given,’ but it
not relate to a notice in the course
gal proceedings; therefore, as the
notice prescribed includes a
the time when the
was reasonable to
idude that any notice, verbal or
ten, which includes this infonna
will lie sufficient.”
lttorney and Client— Suhsti
jtion ok Attorney—Conditional
-Attorney’s Lien.—Amotion
made for a substitution of solicitors
the case of Wilkinson vs. Tilden, in
United States Circuit Court, South-
district. of New York, and it was
on the ground that the solicitor
cord had made disbursements in
suit and that his fees were to lie
i to him only upon the condition
it he succeeded. Judge Wallace, in
Siting the motion, attached to it the
Allowing conditions: First. That the
lisbursements should be paid. Second
That the lien for fees should be pres
erved and the proper compensation paid
out of any successful result, lie said
the general right of a client to change
Ills attorney at his election is unlver
sally recognized by the authorities,
This light is indispensable in view of
the delicate and confidential relations
which exist between attorney and client
and the peril to the client’s interests
engendered by friction and distrust
But application must Include to the,
Co
n the conduct of suits, and it will hold
the client to fair dealing and refuse
assistance to any attempt to take ad
vantage of one of its officers.
Railroads—Obligation to Oper
ate tiie Road—Mandamus—Strike
of Employes.—The order of Judge
Haight was made at a special term of
the Supreme Court of New York last
summer, quashing the petitions and
orders to show cause why a peremptory
mandamus should not issue to compel
certain railroad companies to receive
and deliver promptly all such freight
and other property as might be offered
to or received by them for transporta
tion at the usual or reasonable rates.
The suit was that of the people, upon
the relation of the Attorney General,
against the New York Central and
Hudson River Railroad Company, and
the New York. Lake Erie and Western
Railroad Company. The complaint
alleged that these roads had uniformly
delayed and sometimes peremptorily
refused to receive and deliver freight
and to transport it, thereby causing
great loss to the people of the State, for
which there was no adequate remedy in
damages and that the trade and com
merce of the city of New York was
greatly injured by this conduct of the
railways. The ground upon which the
defendants relied on their motion to
quash was that they were unable to re
ceive, load and discharge freight effi
ciently, because they were compelled to
employ ^unskilled men, as their freight
handlers had refused to work for their
pay of 17 cents’an hour, demanding 20
cents an hour, which sum they refused
to pay. On the hearing, against the
objection of the counsel for the people,
the defendants were allowed to open
and close the argument.
An appeal was taken to the General
Term of the Supreme Court, who re
versed the decision of Judge Haight in
every part. Judge Davis, in the opin
ion, said : “The question on the facts
shown in the papers before us is thiHf•
Can railroad corporations refuse or ne
glect to perform their public duties
upon a controversy with their employes
over the cost and expense of doing
them ? We think this question admits
of but one answer; the excuse has in law
no validity ; the duties imposed must
be discharged at whatever cost; they
cannot lie laid down, or abandoned, or
suspended without the legally expressed
consent of the State. Railroads are in
1 every essential quality public highways
created for public use, but permitted to
be owned, controlled and managed by
private persons. But for this quality
the railroads of the respondents could
not lawfully exist. Their construction
depended upon the exercise of the right
of eminent domain which belongs to the
State in its corporate capacity alone,
and cannot be conferred except upon a
public use. The corporation by accept
ing its charter takes upon it the trusts
imposed by it; it becomes an agency
of the State to perform public functions
which might otherwise devolve upon
public officers, as is the case with re
gard to other public highways. The
fact that individuals may have private
remedies for the damage done them
does not deprive the State of its right tfl
a mandamus. The right of the State
to compel the performance of every step
necessary to bring a corporation into a
condition of readiness to perform its
functions is not doubted, and it is
strangely illogical to assert that the
State is powerless to compel the doing
of the act# for which the corporation
was created. The quashing of the mo
tion was a novel proceeding. Such ac
tion is taken by the Courts in disposing
writs of process, not in deciding appli-
cations’to obtain them, and the right of
the Attorney General to open and close
the argument, he being the moving
party, is not to be questioned.”—Phila.
Record.
Restful Reflections. !
Wanted to know—what interest
views pays distance for lending him
enchantment.
I have not loved lightly,” as the
man said who married a three-hundred-
pound widow.
‘None but the brave deserve the
fair”—and none but the brave can live
with some of them.
A greedy man should wear a plaid
waist-coat, so as always to keep a check
on his stomach.
It is easy to break into an-old man’s
house, because his gait is feeble, and
his locks are few.
The fellow who slept under “the
cover of night” complains that he came
very near freezing.
A crusty old bachelor says he thinks
it is woman, and not her wrongs, that
ought te be redressed.
Why are poultry the most profitable
stock to keep V Because for every
grain they give a peck.
The way to make time pass quickly—
raise a row and get knocked into the
middle of next week.
What moral lesson does a weather
cock on a church steeple continually
inculcate V ’TLs vain to a-spire.
We frequently hear of a tiight of
steps, but we have never yet lieen able
to discover where they fly to.
An extraordinary surgical operation
was lately performed, which killed the
patient. The physician is doing well!
A provident, and yet improvident
man—the baker ; he kneads much, but
sells everything he kneads himself.
An old Greenland seaman said he
could really believe that crocodiles shed
tears, for he had often seen whales’
blubber.
It is said :that short, dumpy people
are more humorous than long, lank
folks, on the ground that brevity is the
soul of wit.
j a vivacious young miss. “Prayer'
Now, what earthly use is a prayer nTg
to you, my dear V” “It is of no earthly
use at all, pa, dear. It is for a heaven
ly purpose I want it, pa.” Now what
father would have refused to gratify the
angelic ambitions of a daughter under
those circumstances ?
“Know thyself,” may be an excellent
sort of proverb, but it’s forcing a pretty
tough acquaintance on some folks.
The Danger of Using Arsenic
for the Complexion.
It is necessary to raise a warning cry
against a most mischievous statement
which has recently been circulated, and
has already done harm, to the effect that
“arsenic in small doses is good for the
complexion.” It is not difficult to im
agine the danger women will incur to
preserve or improve theitf “good looks.”
No more ingenious device for recom
mending a drug can be hit upon than
that which the authors of this most
baneful prescription of “arsenic for the
complexion” have adopted. Suffice it
to recall the fact that for many years
past chemists and sanitarians have been
laboring to discover means cf eliminat
ing the arsenical salts from the coloring-
matter of wall papers and certain dyes
once largely used for certain articles of
clothing.
It is most unfortunate that this hope
lessly antagonistic recommendation of
arsenic to improve the complexion
should have found its way into print.
Those who employ the drug as advised
and there are many either already using
or contemplating the rash act—will
do so at their peril. .So far as they are
able. ( however, it will be the duty of
medical men to warn the public against
this pernicious practice, which is only
too likely to be carried on secretly. It
is not without reason that we speak
thus pointedly, and urge practitioners
to be on the qui f ive in anomalous or
obscure cases.
Somebody, in describing a beautiful
lady, says she has “a face that a
painter might dwell upon.” Rather a
broad face that!
A pawnbroker having joined a tern
l>erance society, it was remarked that
there need be no fear of his not keep
ing the pledge.
What is the difference between
man paralized with fear and a leopard’s
tail V One is rooted to the spot, and
the other is spotted to the root.
It wasn’t such a bad notion on the
part of a glover who hung up in his
shop the following placard: “Ten
thousand hands wanted immediately.”
The man who always leaves church
before service is over, in speaking of an
“ancient” single lady, said she was
“fearfully and wonderfully maid.”
“I had rather not take a horn with
said the toper to the mad bull
you,’
to
The Blood-Stanching Weed.
It w r as election time, and little Glynn
oheard so much talk about men wh
were running for office. One day, his
mother, noticing him run from one
place to another, asked, “What are you
playing now, Glynn V” He replied,
“Oh, 1 am not playing at all, 1 am run
ning for office.”
Experiments recently made in
Europe, with a view to ascertaining the
best method of preserving manure,
show that manure allowed to accumu
late under cattle three months or more
in specially constructed deep stalls was
found in every cast', as compared with
that of ordinary manure heaps, in a
more workable condition, the ummoniul
salts were better preserved and 'jibe use-
il ingrt
iresent in greater
but the bull insisted on treating him
two, and the toper got quite high.
One or the other : It is always “put
up or shut up” with the umbrella.
Important discovery: It is now re
ported that a North Carolina man has
discovered a meerschaum pipe mine
A bad shot: “I aim to tell the
truth.” “Yes,” interrupted an ac
quaintance, “and you are probably the
worst shot in America.”
A marine disaster : “Yes,” said the
captain of the ocean steamship, we had
a very expensive trip this time. Very
little sea-sickness ; passengers ate fright
fully.”
Exceptions prove the rule : Professor
—“ If you attempt to squeeze any solid
body it will always resist pressure.”
Class smiles and cites examples of ex
ceptions which prove the rule.
Notable case of stupidity : A restau
rant sign on Washington street reads:
“A cup of coffee two and five cents,”
Why this is not condensed to “a cup of
coffee seven cents” is queer.
“I pass,” the Greek : Greek recita
tion : Benevolent professor (prompting)
—“Now, then, Eipass—” Somnolent
So]>h (remembe.tihg last night’s studies
—“I make it next.” (He goes it alone
before the faculty.)
A matter of multiplication : Teacher
— “Why, how stupid you are, to be
sure! Can’t multiply eighty-eight by
twenty-five ? I’ll wager that Charles
can do it in less than no time.” Pupil—
“I shouldn’t be surprised. They say
^that fools multiply very rapidly nowa
days.”
The nice prayer rug: “Now, pa
dear, you must give me $75, because I
Wiili^i^^^ver rug right away,” said
During the French expedition to
Mexico General Martroy was informed
by a native that a plant grew in his
district which was largely used in the
domestic surgery of the Mexicans, and
he advised the General to lay in a stock
of it for use in the French camp. It
goes by the name of “the blood-stanch
ing weed”—the exact native word has
not been placed on record. This plant
has the property, when applied after
being chewed or crushed, of almost in
stantly arresting the flow of blood from
a wound. General Martroy brought
home some specimens of this plant to
France, and cultivated it in his garden
at Versailles, where it has thriven ex
cellently ever since, blossoms every year
and produces a sort of fruit. Mean
while its transplantation to European
soil has not robbed it of the quality for
which it was originally recommended
to its introducer. Its recognized bo
tanieal name is Tradescantia erecta,
Although it is quite the reverse of an
ornamental plant, and is not dis
tinguished by any beauty of shape or
color in its flowers, it fully deserves, if
we may trust our informant, to be
widely cultivated on account of its rare
medical value. The practicability of
its acclimatization is now placed beyond
all doubt. Its effect in stanching bleed
ing is said to surpass all means hitherto
applied to this purpose, and it is in any
case to be procured cheaply and easily.
Experiments have been made with it in
Vienna, and the New Preie Presse, of
that city, advises its regular cultivation
for medical use.
Wigs Coming into Fashion Use.
A wig-maker talked me into a secret
the other day. It was becoming fash
ionable, he said, for women to wear
wijffc. Wigs are not wom to cover
baldness or because even the hair is
thin, but to save trouble and as a pre
caution against accident. A woman
who has straight hair is just now out of
fashion as far as head goes. She must
crimp her hair and paste it into little
waves and puffs around her forehead
and down the sides of her head. This
requires great care and becomes bur
densome after a time. Besides, hair
that is not inclined to curl at all is apt
to defy crimping pins and pomade and
straighten out at an inopportune mo
ment. The wig-maker, therefore, has
come to the rescue of women so unfor
tunate as to ha ve rebellious hair. He
makes wigs that may be worn on t
front of the head, between the line
the forehead and the crown. The ft
>r straigh
'he Bible in Japan.
Recent letters from the agent of tl[
American Bible Society in Japan ci
vey intelligence which is indicative
the rapid progress of Christianity’’
that empire. It is to the effect thatl
number of Japanese Christians had pi^
seated a formal and earnest appeal
be allowed an active part in the wort
of translating the Old Testament
They speak of the translation of tl
Bible as a great work and far-reachiil
in its consequences ; of the blessing|
which h£d come to them through tlj
New Testament, which had been
ready published and widely circulate
of the severe evils which would ensifl
if the remaining work was not wiselj
done, and of the want of uniformity
ind style which would be sure to marl
a translation which wasproduced by th^
labors of many different scholars worl
ing apart. They therefore submit
plan, the substance of which is as fo|
lows :
1. That the whole work be given
one translating committee instead oi
the different books to individual trans
lators.
2. That the committee be composed
of eight members, four of whom shall
be foreigners and four Japanese.
3. That the Japanese members be.
chosen by Japanese Christians.
4. That the foreigners and Japn
ese members have equal rights in voti]
5. That means be furnished to
able the members to devote their wl
time to the work.
When it is remembered that
only a few years since Christ iar
permitted even to enter Japan,
tion as this is truly astonishing
must awaken the most profound
tude.
Queer German Decj
The highest court of Gd
cided a queer case in a queerel
A butcher’s wife obtained a dri
the ground of desertion. He
declaring that she had driven hii
home by injurious and defamaj
pressions, and was, therefore,
guilty party. The court, liowevi
suited him, and held that, since 1
parties belonged to the lower
where such expressions were
there was nothing defam|
A Berlin saloon-keei
some guests after the
closing. A policeman
the convives, when
claimed: “Gent
got in throi|
officer brought
him in the disci
the policeman
intention of ri
clear,” said the>
sion itself was nl
since it would lnr
policeman to come 1
dow, instead of thro!
as he actually did, if 1
means of iugress,
lican, though fab
tory. ”
planed’
levy.
last night to a cl
panel av the dure
merriment.”
“How wide do you
cut V asked the carpenter. 1
“The width av the dure,
replied Mr. Donlevy.
“And how wide is the dc
“Well, it’s as wide as a
jist. Ye kin just lave a cliaiJ
to kape the children in an’
an’ it libs as though it wur
fur it,”
“But all chairs are not the sar
said the carpenter.”
“Aw, thunder and teuf! yer
headed nor a railroad spike ; the chail
comes up jist even wid the edge of tlif
windy sill.”
“But how high is the sill V” aske
Mr. Chips.
“Bother the badgering tongue o’i
growled Mr. Donlevy. “It’s only
wideness av me hand barrin’ the tin
higher than the rain wather barrel
stands outside,
from that ye cap,
take it to
stands his bujj
ure av
ze the job,