disseisin for that time.-May v. Labbe, Me., 96 Atl. 502.

20. Brokers Course of Sale. Whether a broker has earned a commission by procuring a purchaser is a question of fact. and it is enough that the efforts of the broker acting upon the purchaser are the efficient cause of his offer; it being not necessary that such efforts be the whole cause.-Bailey v. Padgett, Ala., 70 So. 637.

21. Carriers of Goods-Carmack Amendment. -As the Carmack Amendment did not deprive shippers of remedies under the existing laws, a shipper of live stock may, where the written contract was not binding, recover under an oral contract.-Panhandle & S. F. Ry. Co. v. Jones, Tex. Civ. App., 182 S. W. 1.

22. Measure of Damages.-Where poultry was shipped subject to a bill of lading providing that damages should be computed on the basis of the value of the property at the place and time of shipment, etc., the measure of damages for loss of part, and damage to the balance, of the shipment was the market value at place of shipment, plus freight, drayage, and commissions, not market value at destination. -Wegener v. Chicago & N. W. Ry. Co., Wis., 156 N. W. 201.

23. Notice to Shipper.--Where a local custom provided that the railroad company should notify the shipper if goods were not delivered within 48 hours, failure to give such notice was a breach of contract, although railroad did not have express notice of a refusal by purchaser to unload car.-South Deerfield Onion Storage Co. v. New York, N. H. & H. R. Co., Mass., 111 N. E. 367.

24. Perishable Goods. Where perishable goods could have been brought to destination in time for their marketing by transferring the shipment at an intermediate point to another train, failure to make such transfer is negligence rendering the carrier liable for the spoiling of the goods owing to the delay in shipment. Whittom v. Adams Express Co., Mo. App., 182 S. W. 137.

a

25. Carriers of Live Stock-Bill of Lading.— Where the contract for an interstate shipment of cattle was oral, but just before the train started sign the shipper was required to written bill of lading which he did not have time to read and could not have understood, the oral contract was not supplanted, the contract contained in the bill of lading not being mutual-Panhandle & S. F. Ry. Co. v. Jones, Tex. Civ. App., 182 S. W. 1.

26. Carriers of Passengers-Relation of Passenger. An interurban railroad continued under duty to use a reasonable degree of care of by for the safety the who, a passenger carried negligence of conductor, had been a past his intended destination, until such passenger, walking back, reached that point: he still being a passenger.-Terre Haute. I. & E. Traction Co. v. Hunter, Ind. App., 111 N. E. 344.

27. -Seats for Passenger.-The failure of a street car company to furnish a passenger with a seat in the car is not actionable negligence. where the fact that all the seats are occupied is apparent to the passenger when he takes his position on the running board, from which he thereafter falls.-Tennegkeit v. Galveston Electric Co., Tex. Civ. App., 182 S. W. 72. 28. Foreclosure. Chattel Mortgages landlord may place his lien, which foreclosed until the day of sale of the crop under mortgage foreclosure, in the levying officer's hands. and thereafter by rule require that so much of the proceeds as are necessary be applied to satisfy the lien.-Hill-Atkinson Co. v. Hasty, Ga. App., 87 S. E. 839.

29. Commerce

was

The not

Employes.-Employe assisting in repairing engine used in drawing work track train engaged in repairing interstate held not within the federal Employers' Liability Act and entitled to sue under the state statute. -Louisville & N. R. Co. v. Carter, Ala., 70 So.

655.

30. Employes.-Hostler in railway yards, who left engine, and went where bucket was being hoisted, and was killed, held not then engaged in interstate commerce, within the Employers' Liability Act.-Erie Railroad Co. V. Van Buskirk, U. S. C. C. A., 228 Fed. 489.

31. Confusion of Goods-Waiver.--Where plaintiff in replevin insisted on recovery of all the lumber in defendant's yards or its value, on the ground that lumber sawed from plaintiff's logs had been inextricably mingled in the other lumber, and consented to an instruction that the verdict must be for the value of all the lumber or be for defendant, it waived the right to recover for lumber sawed from its logs.-International Lumber Co. v. Bradley Timber & Ry. Supply Co., Minn., 156 N. W. 274.

32. Constitutional Law-Jitney Busses. A municipal ordinance regulating jitney busses and requiring a license and bond from their operators is not invalid as discriminatory class legislation; the classification being a reasonable one resting on substantial differences.-Willis v. City of Ft. Smith, Ark., 182 S. W. 275.

33. Police Power.-When the Legislature properly empowers the mayor of a city to remove officers for cause, and allows but a review of his proceedings instead of the more extensive remedy of an appeal, the wisdom of such allowance is for legislative and not judiJustices cial determination.-Swan v. of Superior Court. Mass., 111 N. E. 386.

34. Contracts-Excuse for Breach.-A contractor for the construction of a grand stand cannot excuse his failure to construct the grand stand because it was impossible to build it according to the plans agreed on.-N. J. Magnam Co. v. Fuller, Mass., 111 N. E. 399.

35. Corporations-Duties of Officers.-Where the duties of the directors are not defined by charter or statute, the stockholders may confer the entire corporate power on an officer, and the existence of such power may arise from implication.-Gross Iron Ore Co. v. Paulle, Minn., 156 N. W. 268.

26. Subscription.-Where persons signed a subscription contract for the formation of a corporation, but no steps toward incorporation were thereafter taken, although some of the subscribers purchased machinery and established a canning factory, there was no de facto corporation. Rainwater v. Childress, Ark., 182 S. W. 280.

37. Subscription.-Where defendant agreed to take stock in proposed corporation in exchange for patent rights and accepted certificate after organization, he was bound by his agreement. though there was not formal stock subHardware Co. scription.-Bridgeport Window

v. Osborne, Mass., 111 N. E. 364.

are not 38. Damages-Excessive.-Damages deemed excessive unless at first blush they appear to be so, or it is apparent that some improper element was taken into account by the jury in determining the amount.-Huntington Light & Fuel Co. v. Spell, Ind., 111 N. E. 311.

39. Dedication-Description.-Where a deed described land with reference to a plan of the premises, and recited that the contemplated street running northerly from the lot was to be laid out within a year, and a plan existed, the grantee received a right of way to use the street throughout its length on the grantor's land and right to have the street constructed.-Burnham v. Mahoney, Mass., 111 N. E. 396.

40. Deeds Statute of Frauds.-Where a conwitnessed or acknowledged veyance not was as required by statute so as to pass legal title. but was such that legal title would have passed had it been witnessed and acknowledged, was not obnoxions to the statute of frauds, but the equitable title to the property passed.-Bethea v. McCullough, Ala., 70 So. 680.

se

41. Divorce-Collusion.-Where plaintiff cured a divorce by collusion that she might be a witness for her husband in a criminal case, she could not secure vacation of the decree by merely showing that defendant failed keep his agreement to remarry her, especially

to

after he had married another woman.-Henderson v. Henderson, N. D., 156 N. W. 245.

42. Electricity-Anticipating Injury.-Where no danger was obviously likely to result to decedent from leaning against a telephone pole, or from touching or grasping a guy wire, which ran from a town's pole supporting power and fire alarm wires to the telephone pole, decedent was not negligent in so doing.-O'Donnell v. Inhabitants of North Attleborough, Mass., 111 N. E. 374.

43. Exchange of Property-Misrepresntation. -Where, in an action for misrepresentations in connection with an exchange of a newspaper plant for plaintiff's farm and personalty thereon, it appeared that plaintiff had sold a half interest in the plant and was never in a position rescind, he could not rely on an alleged representation that defendant would trade back if plaintiff were dissatisfied.-Fisher v. Smith, N. D., 156 N. W. 242.

to

owner of

46. Explosives-Vibration.-The realty damaged by concussion through earth or air from blasts in the bed of a river during construction of a dam by a private company to provide electric power, authorized by Congress, could recover irrespective of any negligence on the part of the company or its contractor. Watson v. Mississippi River Power Co., Iowa, 156 N. W. 188.

47. Husband and Wife Necessaries.-The authority of the wife to purchase actual necessaries for minor children suitable to their station in life need not be based on any theory of agency, since the wife and minor children are entitled by law to support from the husband, and, if he fails therein, a tradesman may supply them at his charge without his consent. -Gately Outfitting Co. v. Vinson, Mo. App., 182

S. W. 133.

48. Insurance—Intoxicants.-The words "excessive or intemperate use of intoxicants," as used in a benefit certificate precluding recovery if the member became addicted to such use, referred to a case where the member's condition in such respect was of such nature as to impair his health, mental faculties, or otherwise render the risk more hazardous.-Wising v. Brotherhood of American Yeomen, Minn., 156 N. W. 247.

49.-Total Disability. The loss of one eye by accident held not total disability, within an accident policy providing that total disability shall be such as renders insured unable to work or earn money, where the evidence showed that insured was not wholly unable to earn money. -Whitton v. American Nat. Ins. Co., Ga. App., 87 S. E. 827.

50. Waiver.-A member of a benefit insurance society consented to, acquiesced in, and ratified changes in the constitution and by-laws by paying subsequent assessments without protest or objection.-Ferguson V. Grand Lodge of Iowa Legion of Honor, Iowa, 156 N. W. 176.

51. Intoxicating Liquors Local Option.Where a county, pursuant to the county option law, votes to prohibit the sale of intoxicating liquors therein, the power to issue licenses for sale of such liquors is withdrawn from every municipality within the county, including cities operating under home rule charters.-State v. City of International Falls, Minn., 156 N. W. 249.

52. Landlord and Tenant-Repairs.-A lessor is not bound to maintain demised premises in repair so that they would be fit for occupancy as a dwelling house, nor is there an implied covenant that they were in good repair at the time of the letting.-Mills v. Swanton, Mass., 111 N. E. 384.

53. Malicious Prosecution-Advice of Counsel. Where defendant took a prosecuting attorney's advice in instituting prosecution, but acted in bad faith, withholding facts, he was not, by acting on such advice, legally exonerated from imputation of malice in subsequent action for malicious prosecution.-Bowers v. Walker, Mo. App., 182 S. W. 116.

54. Mandamus-Pleading.-In case of an adverse decision by the state superintendent and state board of education on a controversy arising out of refusal of a board of education to call a special meeting of voters, the Supreme Court will not, on mandamus, require the local board to call the meeting until the adverse decision has been set aside on certiorari.-Ridgway v. Board of Education of Upper Freehold Tp., N. J. Supp., 96 Atl. 390.

55. Master and Servant-Assumption of Risk. -Master may conduct business in own way, though there is one less dangerous, and a servant, knowing the hazards, impliedly waives recovery for injuries resulting from causes incident to method adopted.-Cobb v. Richmond Cotton Oil Co., Mo. App., 181 S. W. 1196.

56. Employers' Liability Act.-In an action under the federal Employers' Liability Act, the petition must allege that the defendant is common carrier engaged in interstate commerce or state facts from which it might be reasonably inferred that the plaintiff was so & engaged. Cincinnati, N. O. T. P. Ry Co.

a

v. Tucker, Ky., 181 S. W. 940.

57.- -Hours of Service Act.-Under Hours of Service Act, §§ 2, 3, carrier held liable, though telegraph operator's excessive service was contrary to its rules and without the knowledge of any officer or agent other than himself. United States V. Oregon Short Line R. Co., U. S. D. C., 228 Fed. 561.

58.cable sus-Negligence.-If telephone pended above railroad track and sagging so as to injure brakeman had been down sufficiently long for railroad company in exercise of ordinary care to discover it, such company held liable for brakeman's injuries.-Louisville N. R. Co. v. Mink, Ky., 182 S. W. 188.

&

as

59.- -Proximate Cause.-Where the already impaired heart of a servant was injured yet further by her work of pulling a carpet, which did not require such a muscular exertion would have affected a healthy person, the injury resulted from her work as a contributing proximate cause. In re Madden, Mass., 111 N. E. 379.

60. Respondeat Superior. The authority of the son of an automobile owner to represent his father in driving the automobile need not be expressed in words, but may be implied from the precedent course of conduct.-Demson v. McNorton, U. S. C. C. A., 228 Fed. 401.

61. Terms of Employment.-An employment at a special rate per year is not an employment for a year-Cuppy v. Stollwerck Bros., N. Y., 111 N. E. 249.

Act. The

62. -Workmen's Compensation liability enforceable in a proceeding under the Workmen's Compensation Act is not one arising out of negligence, but a contractual obligation created by section 7 of the act with the consent of both the employer and the employe. -Winfield v. Erie R. Co., N. J. 96 Atl. 394. 63.- -Workmen's Compensation Act. The word "commute," as employed in Workmen's Act, 40, providing that the Board of Awards, under special circumstances, may commute periodical payments to one or more lump payments, means that the board may pay the defendant something less than he otherwise would receive.-State Industrial Commission of Ohio, Ohio, 111 N. E. 299.

Compensation

V.

ma

65. Mechanic's Liens-Materialman-A terialman's lien being of statutory origin, its attachment and enforcement depends on compliance in all substantial matters with the statutes.-Gilbert v. Talladega Hardware Co., Ala., 70 So. 660.

66. Monopolies-Restraint of Trade.-Contracts between manufacturer and dealer in motor cars, giving him exclusive territory and limiting him thereto, held not to restrain trade or competition, in violation of federal antitrust laws or those of Texas.-Cole Motor Car Co. v. Hurst, U. S. C. C. A., 228 Fed. 280.

67. Mortgages-Foreclosure Sale.-The gross inadequacy of the price paid by the purchaser at a foreclosure sale will not of itself, even in a court of equity, invalidate or affect the sale unless it is such as to raise a presumption of fraud.-Schloss & Kahn v. Brightman, Ala., 70 So. 670.

68. Notice of Equity.-Where a mortgagee, on taking a mortgage from plaintiff's grantor, had both actual and constructive notice of plaintiff's equities under a contract for deed, and it appeared that plaintiff never consented to the giving of the mortgage, the mortgage took subject to all plaintiff's rights under his contract. Quaschneck v. Blodgett, N. D., 156 N. W. 216.

69.--Redemption.-That a redemption affidavit was irregular in not specifically describing the judgment of the redemptioners held not to invalidate the redemption proceedings, where the omitted matters in respect to the judgment were shown by introduction in evidence of transcript of the judgment and the writ of venditioni exponas on which the redemptioners' sale was made.-Ft. Wayne Builders' Supply Co. v. Pfeiffer, Ind. App., 111 N. E. 192.

71. Injunction.-At common law a taxpayer as such has no right of action against a public officer to restrain or prevent the waste of public funds or injury to public property, or to restrain a threatened illegal official act.-Altschul v. Ludwig, 111 N. E. 216, N. Y., 216 N. Y. 459.

72. Last Clear Chance. Where plaintiff, riding a motorcycle, overtook defendant's motor wagon and attempted to pass it on the right, in violation of an ordinance, and collided with the wagon when it was turned to the right, and the driver, after seeing plaintiff, did all he could to prevent a collision, the doctrine of last clear chance did not apply.-Borg v. Larson, Ind. App., 111 N. E. 201.

or

on

74. Special Assessment.-Municipal dinance establishing a tax district where boundary line after running on a line not 100 feet back from the street jumped 500 feet, when it encountered an undivided tract, and that the opposite side of the street was 150 feet or 240 feet away, violates Const. Amend. 14.Gast Realty & Investment Co. v. Schneider Granite Co., U. S. Sup. Ct., 36 S. Ct. 254.

75.- Transaction of Business.-The election by the common council of a person as a member of that body is "transacting business" with

77.

de

Negligence-Duty of Care.-Where fendant was having plaintiff's barge pumped full of oil at 3 o'clock in the morning at a wharf from its pumping station through a pipe line, ordinary care on its part did not require that it keep some one constantly on the barge to guard against the approach of strangers near the flowing oil who might ignite it.-Texas Co. v. Charles Clarke & Co., Tex. Civ. App., 182 S. W. 351.

78. New Trial-Jury.-Where a juror admitted he had been a client of the attorney of one of the parties, and it was not shown that he concealed the recentness of the transaction, a verdict will not be set aside on the ground the juror concealed his true relations with such attorney.-Stone v. O'Neil, N. Y. Sup. Ct., 157 N. Y. S. 192.

79.- Misconduct.-The conduct of the husband of plaintiff, who acted as her agent during the trial, in handing a cigar to a juror while leaving the courtroom at a recess, authorized setting aside the verdict.-Stockgrowers' Bank of Wheatland v. Gray, Wyo., 154 Pac. 593. 80. Nuisance-Buildings.-A theater building, in violation of the provisions of the Building Code, designed to secure the safety of the public and protection against fire, is a "public nuisance." Altschul v. Ludwig, N. Y., 111 N. E. 216, N. Y. 459.

81.- Defined.-A "nuisance" may be anything which essentially interferes with the enjoyment of life or property.-Murden v. Commissioners of Town of Lewes, Del. Super. Ct., 96 Atl. 506.

an

82. Payment-Burden of Proof.-Where administrator against whom a decree had been rendered moved to satisfy the decree, relying on a receipt acknowledging payment of the amount of the decree, the burden was on the persons giving the receipt to disprove payment. -Hare v. Hare, Ala., 70 So. 630.

83. Perjury-Indictment.-An indictment for perjury held insufficient where it did not show how and in what manner defendant's testimony that a person charged with crime was present at a certain house at a certain time. was material to the issue.-Herndon v. State, Ga. App., 87 S. E. 812.

84. Post Office Scheme to Defraud.―That bank, forwarding check by mail for collection, was ignorant of, defendant's scheme to defraud, held not to defeat their responsibility for fraudulent use of the mails, under Criminal Code, § 215.-Spear v. United States, U. S. C. C. A., 22 Fed. 485.

85.

Principal and

Surety-Tender.-Sureties on note secured by second mortgage, seeking application of avails of the mortgaged property to satisfy the same, could not succeed unless they tendered the amount legally due from them as sureties.-Patch & Co. v. First Nat. Bank of Montpelier, Vt., 96 Atl. 423.

86. Railroads-Look and Listen.-Plaintiff injured at a railroad crossing where the view was practically unobstructed for 250 feet, who either did not look, or else looked so perfunctorily that he was not conscious of the approach of an engine. was guilty of contributory negligence.-Lynch V. Pennsylvania R. Co., N. J. Sup. Ct., 96 Atl. 395.

87.- -Regulation.-State Railroad Commission's order for additional train each way daily to serve four towns of from 600 to 1,800 population, where already served by two fast and one local train each way daily, and new train

would be overtaken and passed by fast train, held unreasonable in view of revenue, service of other roads, and large installation expense necessary. Railroad Commission of Alabama v. St. Louis & S. F. R. Co., Ala., 70 So. 645.

88. Signals.-Where the automatic bell, which a railroad required by ordinance at a crossing failed to ring on approach of a train, traveling at an excessive rate of speed, the road was guilty of negligence sufficient to sustain a verdict for death of one killed at the crossing. -Headley v. Denver & R. G. R. Co., Colo., 154 Pac. 731.

89. Reformation "of Instruments-Estoppel. -In suit to reform a note secured by mortgage for mistake of the draftsman, where defendants did not change their position to their prejudice, giving only what they originally agreed to in the original transaction, plaintiff was not estopped to maintain his suit by his delay in discovering the mistake.-Kinman v. Hill, Iowa, 156 N. W. 168.

90. Release Rescission.-That the carrier's physician made a physical examination and falsely stated to the passenger that he was not seriously injured held to entitle the passenger to rescind a settlement made in reliance thereon, though the falsity of the statements was unknown to the physician.-Jacobson v. Chicago, M. & St. P. Ry. Co., Minn., 156 N. W.

251.

91. Religious Societies Religious Rights.The religious rights of a church member as a communicant. even if she had appealed to the proper church authority and a decision adverse to her been given, are not enforceable in the civil courts. Carter v. Papineau, Mass., 111 N. E. 358.

92. Sales-Reliance on Representation.Where a representation is positive and relates to a matter of fact and is not an expression of opinion and the buyer believes and relies on it, it constitutes a warranty.-St. Louis Cordage Mills V. Western Supply Co., Okl., 154 Pac. 646.

93. Set-Off and Counterclaim-Unliquidated Damages.-A counterclaim for unliquidated damages from plaintiff's breach of his undertaking to accept certain property in payment of the note sued on, under later contract made by plaintiff presumably after maturity of the note, held not maintainable.-Copeland v. White, Ga. App., 87 S. E. 846.

a

94. Sheriffs and Constables-Search-Warrant. -A search warrant fair on its face protects the officer executing it, and those called by him to assist, though the complaint is insufficient.McSherry v. Heimer, Minn., 156 N. W. 130.

95. Statutes-Pleading.-A servant suing for injuries need not refer in his petition to the federal Employer's Liability Act, if the facts alleged bring the action within it, since state as well as federal courts are presumed to be cognizant of its enactment, and to know that it supersedes the state law upon that subject. -Hartman v. Chicago, B. & Q. R. Co., Mo. App., 182 S. W. 148.

a

96. Subrogation-Surety.-A surety on bond who pays only part of the obligation secured is not subrogated to a right of action of the obligee against one wrongfully causing the liability.-United States Fidelity & Guaranty Co. v. Union Bank & Trust Co., U. S. C. C. A., 228 Fed. 448.

97. Taxation-Remainder Interest.-For the purposes of taxation under the inheritance tax act (Acts 1913, p. 91), the remainder estate should be estimated, in determining its present value, as if the corpus were to remain undisposed of.-Martin v. Pollock, Ga., 87 S. E. 793.

98. Royalties.--Rents and royalties to accrue on mining leases are not taxable as "credits."-State v. Royal Mineral Ass'n, Minn., 156 N. W. 128.

99. Telegraphs and Telephones-Acquiescence. -Any irregularity in signature to permit for erection of telegraph poles and wires in street held made good by acquiescence in the of the street for 25 years.-Postal Telegraph

use

Cable Co. v. Ingraham, U. S. D. C., 228 Fed. 392.

100. -Exclusive Use. The state can recover compensation for the special and exclusive use of part of a bridge forming part of its highways by a telegraph company for carrying its wires.-Postal Telegraph-Cable Co. v. State Roads Commission, Md., 96 Atl. 439.

101. Tenancy in Common-Forfeiture.— Where an agreement of tenants in common was that in case of default by either in payments for the common property the one paying should take the whole title, the forfeiture could not be effected unless one party defaulted in all payments due by him, since any other struction would be inequitable.-Hardee Alexander, Tex. Civ. App., 182 S. W. 57.

conV.

102. Partition.-Where, in partition by tenants in common out of possession against a cotenant in possession, the latter claims title by adverse possession, he should allege an open renunciation of the tenancy and actual or constructive notice of same, and that the possession continued thereafter for the prescriptive period. -Gracy v. Fielding, Fla., 70 So. 625.

103. Torts-False Representation.-The owner of mortgaged realty could recover against an attorney who made false representations to the buyer of the equity of redemption from the owner to induce him to abandon his contract with the owner to redeem the property, only if the misrepresentations induced the buyer to abandon to the owner's damage, while he would otherwise have performed.-Kock v. Burgess, Iowa, 156 N. W. 174.

104. Trover and Conversion-Sufficiency of Title.--Where plaintiff held legal title to a safe under a bill of sale intended to operate as a chattel mortgage, he had such title as would enable him to recover damages for its conversion.-Sheldon v. McFee, N. Y., 111 N. E.

106. Venue-Real Action.-An action will not be considered a real action for the purpose of determining its venue unless title or interest in real property is involved.-Terry v. Rivergarden Farms Co., Cal. App., 154 Pac. 476,

107. Water and Water Courses-Prior Appropriation. In an action by a junior appropriator of irrigating waters for an adjudication of priority, alleging abandonment of their prior rights by defendants, the owners of all junior priorities in the water district were not, in the absence of statute, necessary parties.-Affolter v. Rough & Ready Irrigating Ditch Co., Colo., 154 Pac. 738.

108. Wills-Annuity.-A bequest of an annuity which was merely a succession of legacies of a certain amount each cannot be charged against a specific devise of real estate.-Bennett v. Piatt. N. J. Ch. Ct., 96 Atl. 482.

109. Wills Attestation.-Under the statute requiring wills to be attested in the presence of the testator by two or more credible witnesses, such witnesses must be persons at that time competent in law to testify concerning the subject-matter.-Scott V. Couch, Ill., 111 N. E. 272.

110. Delivery of Deed.Where sick grantor. to recompense stepmother for nursing, executed deeds and handed them to her, but immediately retook possession, with intention of retaining title until his death, she thereupon to record deeds and have title, there was not legal delivery vesting title, but a mere inoperative attempt at testamentary disposition.-Tewksbury v. Tewksbury, Mass., 111 N. E. 394.

Central Law Journal.

ST. LOUIS, MO., APRIL 28, 1916.

VALIDITY OF LICENSE TAX ON THE USE OF TRADING STAMPS.

It is provided by Florida statute that "merchants using trade stamps shall pay a license tax of two hundred and fifty dollars for each place of business where they use such stamps." In Rast, Collector, v. Van Deman & Lewis Co., et al., 36 Sup. Ct. 370, the United Supreme Court, in an unanimous opinion, sustains the validity of the statute, both from the standpoint of its not being an interference with the commerce clause and its not being opposed to the constitutional right of free contract.

On the same day on which the opinion was handed down in the above case there was a similar ruling as to a statute of the State of Washington, which imposed at license fee of $6,000 on any person who shall use or furnish to another for use any stamps entitling a purchaser of goods to receive from another any goods free of charge or for less than their retail market value. Use of such stamps without obtaining a license is made a "gross misdemeanor." Tanner, Attorney-General v. Little, et al., 36 Sup. Ct. 379.

The opinions in these cases by Justice McKenna, are very interesting, but it is only in the former case that the question is treated as or not coming under the shelter of the interstate commerce clause, and he describes the schemes for stamp distribution as follows:

"The first is 'where the Florida merchant issues his own coupon *** and himself makes payment or redemption of same, sometimes by the delivery of some valuable article of merchandise and sometimes by the payment of cash or the allowance of credit on account of purchases.'

The court said: "As to the second and third schemes, they are only executed through the purchase at retail. In other words, they are not designed for or executed through a sale of the original package of importation, but in the packages of retail and sale to the individual purchaser and consumer. This fixes their character as transactions within the state and not as transactions in interstate commerce, and this is conceded as to the first scheme; it is true as to the second and third schemes. All of the schemes have their influence and effect within the state. Nor is such influence and effect changed or lessened by the redemption of the tokens outside of the state."

It

This final clause appears to us to present the crucial question in the case. would appear, that, if these coupons or stamps were sent direct to the ultimate consumer and offered to him for a con

sideration, the transaction would be in interstate commerce. When they are sent through a local merchant, inclosed in a package and intended for the ultimate consumer, why does this make a difference? Would not the local merchant seem to be a mere agent of the foreign manufacturer to deliver the stamps? He would not be justified in opening the package and taking stamps therefrom or, at least, it is not contemplated that he should do this.

The court says as to this: "There is shipment to Florida merchants but for the disposition of the merchandise in retail