and sometimes serve as the only conclusive proof of a man's guilt under the plea of not guilty."

In State v. Curtis, 28 N. C. 247, it was ruled in a case where the plea of guilty was stricken out that: "The case now stands as if no trial had ever been had."

In State v. Meyers, 99 Mo. 107, 12 S. W. 516, the court refused to accept a plea of guilty and the prosecutor was allowed to show that upon the indictment being read accused pleaded guilty thereto. The court said: "Such testimony should not have been admitted. *** By refusing to receive the plea and granting the defendant a trial, that of necessity meant a trial with the issues of fact to be determined * ** by the previous plea of the defendant which admitted all that the state desired to prove. In short, the trial court could not refuse to receive the defendant's plea of guilty at one time, and then use it against him at another." It seems to me it would be a great deal worse to use a withdrawn plea of guilty against an accused than to use one that he still is wishing to interpose.

In People v. Jacobs, 151 N. Y. Supp. 522, 165 App. Div. 721, it was ruled that: "There was no error in receiving testimony of a prior plea of guilty. Defendants had so pleaded, although thereafter, on their motion, the county judge had reversed this judgment and given them a new trial. The voluntary plea of guilty at the prior hearing was an admission of the failure to take out a license, which with the other evidence was properly left to the consideration of the jury." No authority whatever is cited to the ruling, but it is seen it is not stated that this plea had ever been withdrawn and another plea of not guilty had taken its place. And also it may have been in the mind of the court, that this was a different hearing and this made a difference.

This case was in a lower New York court and it does not appear to be consistent with a New York Court of Appeals ruling in a case where there was first a plea of not guilty to murder in the first degree and later a plea of murder in the second degree, which was accepted, but afterwards his plea was withdrawn by leave of the court and defendant on trial was convicted of murder in the first degree. It was claimed that the acceptance of the plea of guilty of murder in the second degree prevented conviction, after it was withdrawn of murder in a higher degree, but this contention was overruled. The withdrawal "left the case without any plea whatever until the defendant again interposed her general plea of not guilty to the whole indictment." In other words, the case was as if only the last plea had been entered.

The distinction in the contention I make appears in the rule that a former plea of guilty is admissible where made in another trial for a different offense. Com. v. Ayers, 115 Mass. 137; Com. v. Hazeltine. 108 Mass. 479. In such case it is taken as admission of facts embraced in a plea that has not been substituted by another plea. Where an accused has the benefit accorded to him of his plea of guilty, he should be held to the onus put upon him. But this is different from making him bear a burden from which he derived no benefit whatever and which only was assumed under some expectation of benefit. In addition to this, however, it looks like trickery in the law for a court to expunge from the record something that can have existence in no other way, and then to give force to what has been expunged. C.

A negro woman in Denver went to the polls to register on the appointed day and after giving her name and address the clerk said: "With which party are you affiliated?" "Suh?"

"With which party are you affiliated?" he repeated.

"Is Ah got to tell you whut pahty Ah is 'filiated with?"

"You certainly have, if you vote."

"Well, jes scratch mah name off dat list, 'cause the pahty Ah is filiated with ain't got his divo'ce yet and I sho' ain't goin' tell no white man who he is."-St. Louis Globe-Democrat.

The small boy had applied at the lawyer's office for a job, and the lawyer, kindly man, was asking him a few preliminary questions of a moral character.

"Now, my boy," he said, after several interrogatories, "do you know what will become of you if you tell lies?"

"Yes, sir,” replied the boy promptly.

"Good for you," said the pleased attorney. "Now tell me what."

"I'll be a great lawyer when I grow up; mother said I would!" And the gentleman collapsed.

An Arkansas man accused of murder was assigned by the court to conduct his defense a kid attorney. When asked if he had anything to say why sentence should not be passed upon him, he replied:

"Well, judge, I hope you will take into consideration the youth and inexperience of my lawyer."

1. Abatement and Revival-Pleadings.-The defense that the plaintiff is a fictitious person attacks the capacity of the plaintiff to commence or continue the suit, and is properly the subject of a plea in abatement.-Baldauf v. Nathan Russell, N. J., 96 Atl. 96.

2. Accord and Satisfaction-Check in Full.— Act of agent of insurance company in sending the company a check, marked as payment in full to a certain date, held not an accord and satisfaction of their disputed account.-Factors' Fire Ins. Co. v. Whilden, N. Y., Supp., 156 N. Y. S. 362.

3. Action-Merger.-Under Rev. St. 1909, § 1795, attorney's services performed under two separate contracts of employment, one with an individual, and one with a company, would become a separate and distinct cause of action which could not be merged into one against both employers nor united in the same action. -Rounds v. Strang, Mo. App., 180 S. W. 1069.

4. Adverse Possession-Claim of Right.-A naked possession of land unaccompanied by a claim of right cannot constitute a bar to the true owner, but, in the absence of statutory requirement, the bona fides of the occupant's claim is not essential.-Ramapo Mfg. Co. V. . Mapes, N. Y., 110 N. E. 772, 216 N. Y. 362. 5.- -Statutes of Limitation.-Since poration may recover land on record title acquired by ultra vires act, no reason can be advanced why it cannot do so on a title by limitation so acquired.-Buchanan v. Houston & T. C. R. Co., Tex. Civ. App., 180 S. W. 625.

a cor

deed from his mother, then living, held void.— Dailey v. Springfield, Ga., 87 S. E. 479.

8.

Attorney and Client-Disbarment.—Where the course of conduct of an attorney shows that he is unfit to remain a member of an honorable profession, although the charges, taken separately, might not require disbarment, he should be disbarred.-In re Montegriffo, N. Y. Supp., 156 N. Y. S. 512.

9. Disbarment.-In disbarment proceedings against evidence an attorney, that he had sought to have the appellate court pass upon a fictitious controversy, for the purpose of obtaining an adjudication as to the validity of the Torrens Act, held to require suspension.In re Hawes, N. Y. Supp., 156 N. Y. S. 283.

10. Lien for Services.-An attorney having no lien prior to judgment, the cause of action may be compromised without his consent, and the adverse party is not liable unless guilty of fraud.-Campbell's Automatic Safety Gas Burner Co. v. Hammer, Or., 153 Pac. 475.

Attorney,

11. Professional Misconduct. preparing answer and causing his client to verify it, containing a general denial of the material allegations of complaint which he knew to be true, and filing it solely for delay, held guilty of professional misconduct and severely censured. In re Schreiber, N. Y. Supp., 156 N. Y. S. 398.

12. -Ratification.-Where defendant was present in the courtroom, presumably advising with his counsel, he thereby ratified all his counsel had already done in his behalf regardless of whether such counsel had been authorized prior thereto to represent him.-Young v. Martin, Kan., 153 Pac. 542. 13.

answer

Bankruptcy-Concealment.--The of opposing creditors in involuntary bankruptcy for written admission of inability to pay held not to sufficiently aver fraud and collusion between the debtor and petitioning creditors, of which the proceedings were the result, but at most concealment of goods and preferences.In re Cohn, U. S. C. C. A., 227 Fed 843.

14. Evidence.-Schedules and discharge in bankruptcy held prima facie evidence of what they purported to show including notice to creditors of creditors' meeting, especially in view of Bankruptcy Act, § 39, subd. 4.-Claflin v. Wolff, N. J., 96 Atl. 73.

15. -Fraudulent Transfer.-The trustee in bankruptcy of a debtor is vested with the right of action of creditors with respect to property fraudulently transferred by the bankrupt, and may, on their behalf, assail such transfers to the same extent as though the debtor had not been declared bankrupt.- Beasley v. Smith, Ga., 87 S. E. 293.

16. -Insolvency.-Insolvency of persons against whom liens specified in Bankr. Act, § 67f, are obtained, held indispensable to their avoidance under that section, and to the jurisdiction of the court of bankruptcy to order conveyance or make other orders to that effect thereunder.-Stone-Ordean-Wells Co. v. Mark, U. S. C. C. A., 227 Fed. 975.

17.- --Judgment Appealed from.-Judgment against defendant and his sureties on appeal from justice court judgment, rendered prior to bankruptcy, held not void though pending appeal defendant was adjudged a bankrupt, the bankruptcy court having authorized plaintiff to proceed to judgment.-Kohn, Weil & Co. v. Weinberg, Miss., 70 So. 353.

18. Judgment Creditor.-Under the Bankruptcy Act, as amended by Act, July 25, 1910, the trustee in bankruptcy attacking a sheriff's sale under a chattel mortgage, as in fraud of creditors, stands with all the rights and powers of a judgment creditor holding an execution duly returned unsatisfied.--Bean V. Parker, Vt., 96 Atl. 17.

19. Notice.-Knowledge by a grantee of facts sufficient to put a reasonably prudent man on inquiry which, if pursued, would lead to a knowledge of the bankrupt grantor's insolvency at date of the conveyance, charges him with knowledge of such insolvency.-First Bank of Maysville v. Alexander, Okl., 153 Pac. 646.

20.- -Preference.-Payments of notes to a bank, made by a bankrupt within four months prior to bankruptcy, by checks drawn on its

ordinary deposit account in such bank, held not to constitute voidable preferences.-American Bank & Trust Co. v. Coppard, U. S. C. C. A., 227 Fed. 597.

21. Proof of Claim.-A secured creditor, who retained his security, held not entitled to prove a claim against the estate after the year for proving claims had expired.-In re Thompson, U. S. C. C. A., 227 Fed. 981.

22. -Schedules.-Though bankrupt did not mention in his schedules his assignment of life policies, yet, he supposing he had a right to assign, the trustee is not entitled to the whole amount of insurance, bankrupt having died, as concealed property and its increment.-In Levy, U. S. D. C., 227 Fed. 1011.

23. Banks and

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Banking-Dividend.-Where the record of the vote by which a stock dividend was declared recited that it was from the surplus earnings of the bank, it will be presumed it was declared from surplus earnings available for distribution among stockholders.-In re Heaton's Estate, Vt., 96 Atl. 21.

24. Federal Reserve Board.-Federal Reserve Act Dec. 23, 1913, § 11k, empowering Federal Reserve Board to grant to national banks applying therefor the right to act as trustee, executor, etc., held not within power of Congress, as such functions belong exclusively to the states.-People v. Brady, Ill., 110 N. E. 864.

25.- -Interest.-The term "discounted," within Comp. Laws 1913, § 5166, authorizing banking associations to deduct interest in advance, has a more comprehensive meaning than the mere purchase of negotiable paper at a discount and covers loan transactions as well.Sundahl v. First State Bank of Edmunds, N. D., 155 N. W. 794.

26.- -Ultra Vires.-Banks, which with a natural person formed a firm to deal in cotton, were liable to such person for his share of profits, or, if he were an agent, for any compensation due him, though the formation of the firm was ultra vires as to them.-Dexter v. First Guaranty State Bank, Tex. Civ. App., 180 S. W. 1172.

27. Bills and Notes-Direction of Verdict.Where the introduction in evidence of the notes sued on established prima facie that they were given for a valuable consideration, it was error to direct a verdict for defendant, though all the witnesses gave testimony tending to show invalidity of the notes.-McCormack v. Williams, N. J., 95 Atl. 978.

28. Carriers of Goods-Bill of Lading.-The words in a bill of lading "notify V. at S." do not indicate to the carrier that V. is the consignee; it appearing in the line above that the goods were consigned to P.-New York, N. H. & H. R. Co. v. Sampson, Mass., 110 N. E. 964. 29.

Carriers of Passengers-Care.-A railroad common carrier is not bound to prevent its doors, which have been opened by others, from closing when its train is in motion, and it commonly has no reason to expect passengers to be standing on the platform.-Shaughnessy v. Boston & M. R. R., Mass., 110 N. E. 962. 30.-Exemplary Damages. Where a carrier carries a passenger beyond his destination through reckless, careless, wanton, and willful neglect, but not otherwise, the passenger may recover exemplary damages in addition to actual damages.-St. Louis & S. F. R. Co. v. Lilly, Okl., 153 Pac. 810.

31. Passengers Defined.-Ordinarily, every person not an employe being carried by the express or implied consent of the carrier on a conveyance usually employed in the carriage of passengers, is presumed to be lawfully upon it as a "passenger."-Georgia & F. Ry. Co. v. Tapley, Ga., 87 S. E. 473.

32. Sudden Starting.-The starting of a street car without any sudden jerk was not negligence as to a passenger standing on the rear platform, holding to the handrail, but to would be negligence as a passenger who had placed one foot on the platform and was raising the other foot to the platform.-Bennett V. Metropolitan St. Ry. Co., Mo. App., 180 S. W. 1050.

bed over which interstate commerce regularly passed was engaged in interstate commerce, so that for his injury from a collision he might maintain an action under the federal Employers' Liability Act.-Holmberg v. Lake Shore & M. S. Ry. Co., Mich., 155 N. W. 504.

34. Intoxicating Liquor.-Under the WebbKenyon Act, intoxicating liquors, brought from another state and intended to be used in violation of the law of Kansas, are not articles of interstate commerce.-Kansas City Breweries Co. v. Kansas City, Kan., 153 Pac. 523.

Intoxicating Liquor.

35. Webb-Kenyon Law, divesting intoxicating liquors of their interstate character in so far as power of the state to regulate the sale and disposition thereof and the shipment into the state for that purpose is concerned, is valid.-Gottstein v. Lister, Wash., 153 Pac. 595.

36. Migratory Birds.-Congress cannot prescribe regulations to protect migratory game birds within the boundaries of a state.-State v. McCullagh, Kan., 153 Pac. 557.

37. Prize Fight Films.-Act July 31, 1912, § 1, making it unlawful to bring into the United States any film of any prize fight for purposes of public exhibition, is not beyond the powers of Congress under the commerce clause of the federal Constitution.-Weber v. Freed, U. S. Sup. Ct., 36 S. Ct., 131.

38.- -Safety Appliance.-Car in interstate train marked for repairs and to be switched to repair track was not withdrawn from interstate commerce so as to relieve carrier from liability for injuries to a switch foreman under the Safety Appliance Acts and the Employers' Liability Act.-Great Northern Ry. Co. v. Otos, U. S. Sup. Ct., 36 S. Ct. 124.

39. Constitutional Law-Delegation of Power. -While a legislative body cannot delegate its powers, it may delegate to a board, as a railroad commission, the right to determine question of fact such as whether a railroad falls within a given class for purpose of license taxes under Laws 1912, c. 102.-New Orleans M. & C. R. Co. v. State, Miss., 70 So. 355.

40.-- -Discrimination.-A person not belonging to a class alleged to have been unlawfully discriminated against by a statute cannot, in judicial proceedings, assail the constitutionality of the state, as it affects that class.-State v. Philips, Fla., 70 So. 367.

41.- Police Power.-The police power of the state is not limited to regulations necessary for the preservation of good order or the public health and safety, but extends to the prevention of fraud and deceit in the sale of articles of food.-People v. Dehn, Mich., 155 N. W. 744.

42. Public Waters.-The state may without denying equal protection of the laws justly discriminate in favor of its citizens in regulating the taking for private use of the common property in fish and oysters found in the public waters of the state.-Ex parte Gillette, Fla., 70 So. 446.

43.

-Remedy.-No person has a vested right in any particular mode of procedure or remedy. -American Nat. Ins. Co. v. Donahue, Okl., 153 Pac. 819.

44.- -Workmen's Compensation Law.-Workmen's Compensation Act, modifying the common-law defense of contributory negligence, and abrogating the defenses of assumed risk and fellow servant's negligence, is not unconstitutional as denying equal protection of the laws. Consumers' Lignite Co. v. Grant, Tex. Civ. App., 181 S. W. 202.

45. Contracts Consideration. Where the owner of a building agreed to pay subcontractors if they would continue and would not quit, they may recover the value of the work, though no terms of payment were agreed upon and no amount fixed.-Paul v. Haber, N. J., 96 Atl. 41. 46. Duress. As duress in executing a contract involves the state of mind of the complaining party, his age, sex, and condition of life, the character of the threats made, and attendant circumstances, are competent eviBank dence.-Gate City Nat. v. Elliott, Mo., 181 S. W. 25.

47.--Proposal and Acceptance.-Where plaintiff's offer to sell his share in a business

48.- -Third Person.-If promisee's obligation to a third party does not exist at time contract is made, or did not grow out of the contract, on the consuch third party cannot recover tract, as a beneficiary.-Dickinson v. McCoppin, Ark., 181 S. W. 151.

Person conContracts.49. Corporations tracting with corporators held to do so at his peril; and, they having no power to make the contract, there was no valid contract.-Taylor v. St. Louis Nat. Life Ins. Co., Mo., 181 S. W. 8. the 50. -Foreign Corporation.-Where greater portion of the business of a foreign corporation in the state was unauthorized by its license and therefore illegal, the company had no right of action against another publishing company for a libel which injured its business so done without authority of law.— Lewis Pub. Co. V. Rural Pub. Co., Mo., 181 S. W. 93.

51. -Stockholders.-An assessment against stockholders of an insolvent corporation is conclusive only as to insolvency and the amount of the assessment, and does not preclude the stockholders from subsequently making any other defense.-Finch, Van Slyck & McConville v. Le Sueur County Co-operative Creamery Co., Minn., 155 N. W. 754.

Covenants-Breach.-Where

a

a purchaser 52. sells to a second vendee before the conveyance is made, and by agreement of all parties single deed containing a covenant against incumbrances is made by the first vendor to the second vendee, the covenantor is liable to the of covenant.-Cox covenantee for breach Stambaugh, Kan., 153 Pac. 513. 53.

Damages-Evidence.-In

a

run

a

V.

personal injury action, evidence that after the accident switch plaintiff was no longer able to engine, as he had been able to before, is admissible, notwithstanding that he was not an engineer at the time of the accident.-Texas & P. Ry. Co. v. Rasmussen, Tex. Civ. App., 181 S. W. 212.

54. Measure of.-The measure of damages for breach of a contract to deliver a good note for the price of horses, the note delivered being of no value, was the amount written in the note and interest thereon.-Kuykendall v. Caldwell, Okl., 153 Pac. 874.

may

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55.of Child.-Parents -Minority cover the gross value of services lost during the minority of their child, without deducting anything on account of its support, together with reasonable compensation for nursing and medical treatment during sickness resulting from its injury.-Thomas v. St. Louis, I. M. & S. Ry. Co., Mo. App., 180 S. W. 1030.

the

56. Deeds- Misrepresentation. Where agent of a coal company by misrepresentations obtained from a landowner a quitclaim deed covering a tract he did not intend to convey, although he could read and write, he could rely on the misrepresentations in suit against him by the coal company for possession of the land covered by the deed.-Kentland Coal & Coke Co. v. Elswick, Ky., 181 S. W. 181. Where - Prescription. 57. Easements has used a private way for more than 30 years through another's improved lands, without of gates or other obstructions, the erection gates or fences across the way by another entitles the prescriber to enforce the removal of same. Hill v. Miller, Ga., 87 S. E. 385.

one

58. Prescription.-Though defendant maintained a private telephone line over plaintiff's land for two years, he did not acquire such an easement that, upon changing the location of the poles, he had a prescriptive right in the new way; nor, if he had showed an easement in the old way, could he assert the same right in the new, where there was no positive act of obstruction.-American Cement Plaster Co. Acme Cement Plaster Co., Tex. Civ. App., 181 S. W. 257. - Inconsistent Election 59. Causes of Action.-An election between several with inconsistent causes of action, if made

knowledge of the facts, cannot be withdrawn without due consent, though it has not been acted on by another by any change of position. -Flynn-Harris-Bullard Co. v. Hampton, Fla., 70 So. 385.

60. Elections-Registration.-In a prosecution for conspiracy in procuring fraudulent registration of voters, on a showing that the last registration day followed the fact testified to, evidence that defendant tried to secure a boat for that day to carry men to the place of registry was admissible.-Simond v. State, Md., 95 Atl. 1073.

61. Eminent Domain-Public Use.-The condemnation of defendant's land for a compensation reservoir to restore the flow of a river whose waters were to be taken to improve the water supply of a city, which restoration was made necessary by the opposition of riparian owners, was for a public use.-Board of Water Com'rs of City of Hartford v. Manchester, Conn., 96 Atl. 182.

62.

Fish-Regulation of Taking.-The right of individuals to fish in the public waters of the state is subject to state regulation for the general welfare, which regulation may be of any character and extent that does not destroy the right.-Ex parte Powell, Fla., 70 So. 392.

63. Frauds, Statute of Oral Contracts.-The statute of frauds is not intended to apply to written contracts, but only to the enforcement of oral contracts and to prevent the assertion of fictitious and fraudulent contractual obligations by requiring them to be reduced to writing, signed by the party to be charged, etc.Truskett v. Rice Bros. Live Stock Commission Co., Mo. App., 180 S. W. 1048.

jury found defendant guilty of manslaughter under evidence showing that the crime was murder did not entitle him to a reversal.Lytton v. State, Okl. Cr. App., 153 Pac. 620.

66. Insurance Tender.-Where the insured received money, which he alleged was a part payment, and the insurer alleged was full payment for a loss, he was not obliged, in suing on the policy, to make tender of the amount received, but it might be treated as a payment on account.-Rocci V. Massachusetts Accident Co., Mass., 110 N. E. 972.

67. Judgment-Res Judicata.-A decree of distribution made in winding up an estate is conclusive as to matters properly before the county court at the hearing but not as to the right to the possession of realty belonging to the estate, or the right of the surviving spouse to occupy the homestead.-Pennington v. Woodner-McGaugh, Okl., 153 Pac. 875.

68.

R.

Jury Qualification.-While counsel may properly inquire whether a venireman is interested in an insurance company which was the real, though not the nominal, party in interest, the question as to whether the venireman was acquainted with such company may be excluded in the discretion of the court.-William Roach & Co. v. Blair, Mich., 155 N. W. 696. 69. Landlord and Tenant-Repairs.-The lessor of a building for business purposes is under no implied obligation to keep the leased premises in repairs and tenantable.-Jones v. S. H. Kress & Co., Okl., 153, Pac. 655. 70. Libel and Slander-Evidence.-Suits libel and slander partake more or less of the nature of a criminal accusation, and the preponderance of proof required for making out plaintiff's case should be greater than in ordinary civil actions.-Sterkx v. Sterkx, La., 70 La. 428.

its property, and of officers employed to arrest trespassers, in falsely arresting and maliciously prosecuting plaintiff for entering the company's toolhouse. Cooper v. Southern R. Co., N. C., 87 S. E. 322.

73. Mandamus-Remedy at Law.-Mandamus to prevent an unlawful assessment of bank property for taxation, and the collection thereof, will not be entertained, since the statutes provide an adequate remedy.-National Loan & Exchange Bank of Greenwood v. Jones, S. C., 87 S. E. 482.

74. Master and Servant-Alternative Pleadings.-Petition, in action for wrongful death of car repairer, may be drawn in alternative, showing a cause of action under the federal Employers' Liability Act, § 9, as added in 1910, the state laws, or at common law, depending on development of facts on trial for cause be relied upon.-San Antonio & A. P. Ry. Co. v. Littleton, Tex. Civ. App., 180 S. W. 1194.

to

75. Burden of Proof.-Where the natural and reasonable inference is that the accident happened while the deceased servant was engaged in his employment, the master has the burden of proving the contrary.-Papinaw V. Grand Trunk Ry. Co. of Canada, Mich., 155 N. W. 545.

76. -Damages. Where a servant suffered only partial loss of an eye, which did not impair his ability to work and resulted in no reduction of wages, he was not entitled to compensation for "loss of an eye," but only for partial loss, as measured by lessened earnings, under Workmen's Compensation Act, $ 10.Cline v. Studebaker Corporation, Mich., 155 N. W. 519.

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77. Dependent.-Wife who voluntarily left her husband, going to another state and suming her old profession of school teacher, held not his "dependent" under Workmen's Compensation Act, pt. 2. §§ 6, 7.-Finn v. Detroit, Mt. C. & M. City Ry., Mich., 155 N. W. 721.

78. Employment.-Where a contract of employment merely fixed a yearly rate, payments to be made in monthly installments, held, that the employer might terminate it during the year; the contract being one at will.-Thullen v. Triumph Electric Co., U. S. C. C. A., 227 Fed. 837.

79.-Intimidation.-While workmen may go on a strike and use legitimate means to induce other workmen to join them or refrain from taking their positions, they cannot intimidate, coerce, or terrorize such other employes.Minnesota Stove Co. v. Cavanaugh, Minn., 155 N. W. 638.

80.- -Joint Tort-Feasors.-Under Employers' Liability Act, § 5, every release of damages is invalid in an action by an employe against another railroad company seeking to escape on the ground that it was a joint tort-feasor and that such release would release all joint tortfeasors.-Chicago & A. R. Co. v. Wagner, U. S. Sup. Ct., 36 S. Ct. 135.

81. Liability.-The liability of a railroad for death of its engineer killed by an explosion of an engine of its own design was not the same as if it had gone into the market and purchased a standard engine from a reliable manufacturer without knowledge of defects.-Kirby v. Chicago, R. I. & P. Ry. Co., Iowa, 155 N. W. 343.

82.-Pleading.-Permitting the declaration, in an action for the death of a railroad employe, to be amended more than two years after accrual of the cause of action, so as to bring the case within the federal Employers' Liability Act, held not error, though the declaration did not refer to such act, but counted on Pub. Acts 1909, No. 104, where the facts originally alleged showed that decedent was employed in interstate commerce.-Jorgenson V. Grand Rapids & I. Ry. Co., Mich., 155 N. W. 535.

83. Vice Principal.-The foreman of a biscuit company, in directing a laborer to up-end a barrel of honey, and providing the place and appliances for the work, was a "vice principal," for whose negligence the company was liable; but in assisting in lifting the barrel he was a "fellow servant," for whose negligence it was not liable under Civ. Code, § 1449.-Wig v. Manchester Biscuit Co., S. D., 155 N. W. 772.

84.- -Workmen's Compensation Act.-Where an employe sued for his injury within three months after the accident, and by an amended petition asked compensation under the Workmen's Compensation Act, held, that the action as first brought, though irregular, served the purpose of the statutory requirement that claim for compensation be made within three months. -Ackerson v. National Zinc Co., Kan., 153 Pac. 530.

85. Mines and Minerals Lien.-Where the owner of a placer claim required one entering under option to purchase, to construct a dredge, it will, in a proceeding to affix a lien on the land on account of sums due on machinery for the dredge, be presumed that the mine was enhanced to the value of the dredge.-Colorado Gold Dredging Co. v. Stearns-Rogers Mfg. Co., Colo., 153 Pac. 765.

86. -Property Right.-The doctrine that the owner of lands has no property right in oil and gas beneath the surface until he has reduced it to possession does not deny, but concedes to him the exclusive right to use the surface to reduce the oil and gas to possession. -Strother v. Mangham, La., 70 So. 426.

88.

Municipal Corporations-Board of Equalization. It must be assumed that valuations made by the county assessor and equalized by the board of equalization are approximately correct, and they may be used by the assessors of an improvement district as representing the value of all the property therein.-Board of Improvement, Waterworks Improvement Dist. No. 22 of Texarkana v. Southwestern Gas & Electric Co., Ark., 180 S. W. 764.

89. Jitney Busses. That an ordinance licensing and regulating the operation of jitney busses excluded from its operation railroad cars, street cars, automobiles used exclusively as sight-seeing cars, hotel busses, and taxicabs did not render it invalid, as being unlawfully discriminatory.-Thielke v. Albee, Or., 153 Pac. 793.

90. Police Power.-The general rule, in the absence of special constitutional provision, is that all officers whose duties pertain to the exercise of the police power of the state are in that sense state officers, and under the control of the Legislature, even though they may be officers of a municipality and charged with the enforcement of the local police regulations of such municipality.-State v. Linn., Okl., 152 Pac. 826.

91.Taxpayer.-A common-law action cannot be maintained by a citizen and taxpayer "for the use of" a city against city officers for money collected from plaintiff and other taxpayers and misappropriated by defendants; the right of recovery, if any, being in the city.Young v. Moor, Ga., 87 S. E. 401.

92. Vacating Streets. The city of St. Louis, under its charter, empowering it to "open and vacate streets,' was authorized to enact an ordinance vacating an alley.-Kingshighway Supply Co. V. Banner Iron Works,

Mo., 181 S. W. 30.

Rights.

93. Navigable Waters-Riparian Where riparian owners placed fillings and buildings in the bed of a navigable river they created a purpresture, and were liable to judgment restraining them from continuing the trespass and authorizing removal of the obstructions, whether or not overflows dangerous to the public were caused.-Petty v. City of San Antonio, Tex. Civ. App., 181 S. W. 224.

94. Negligence-Turn-Table Cases.-The doctrine of the turn-table cases does not apply to a railroad company which had fenced off its right of way, and a child who slipped through a hole broken in the fence is a trespasser, though some of the railroad company's servants had knowledge of the hole.-Gulf, C. & S. F. Ry. Co. v. Moss, Tex. Civ. App., 180 S. W. 1128.

95. Notice-Prudent Inquiry.-Knowledge of facts relating to a matter which would naturally lead an honest and prudent person to make