tentional, or unlawful damage, injury to, or destruction of real or personal property of an employer or owner by his employees or the employees of others, or by any persons at their own instance or at the request of others. It is punishable as a felony with heavy fine and imprisonment. The assemblage of persons for the promotion of sabotage or syndicalism is also a crime, as is the permitted use of one's premises for such assemblages. This legislation, varying somewhat in details, is found in Alaska (Ch. 6), Hawaii (Act 186), Illinois (p. 420), Michigan (No. 255), Nebraska (Ch. 261), and Oregon (Ch. 12). The Minnesota statute (Laws of 1917, Ch. 215) declaring syndicalism a crime and providing for the criminal punishment of teachers of sabotage or those advocating other methods of terrorism, or the destruction of life or property for the accomplishment of social, economic, or political ends, has been held not obnoxious to the state or Federal constitution, but clearly within the restrictive power of the legislature (State v. punishment are given to the Department officials. Title IV arms the Department of Labor with similar authority for the enforcement of drastic regulations. Ch. 14 reproduces Sabbath-breaking legislation from Puritan New England but excepts from its provisions those who observe Saturday as their sabbath, also families who are emigrating, as well as watermen, ferrymen, the keepers of toll bridges, and railways running necessary trains. It also permits public dancing on Sunday in cities of the metropolitan class having a public-welfare board with authority to regulate such dancing. Ch. 195 provides that if two or more persons conspire to commit a felony or to defraud the State of Nebraska, and one or more persons do any act to effect such conspiracy, each person shall be fined not more than $10,000, or imprisoned not more than two years, or both. It declares an emergency to exist demanding that the Act go into effect as soon as approved. It would be interesting to know what concalled Moilen, 140 spiracies for this urgent statute. Ch. 212 excites no such curiosity. It is an act for the eradication of grasshoppers by the use of poison. If the owner of the land does not comply with the law, not only may a public official do the poisoning and charge the expense on the land, but violations of the statute are misdemeanors finable with $50 to $100 and costs of the proceedings. If the land is rented, notice to the tenant is notice to the owner. As between them it is the duty of the owner to supply the poison and of the tenant to apply it. By Ch. 227 nepotism is made unlawful, except when the relative appointed has a salary under $800. Minn. 112, 167 N. W. 345, 1 A. L. R. 331). Said the court: Sabotage as practiced by those advocating it as an appropriate and proper method of adjusting labor troubles, embraces among other lesser offensive acts, the willful and intentional injury to or destruction of the property of the employer, in retaliation for his failure or refusal to comply with wage or other kindred demands. It amounts to malicious mischief, and is a crime at common law as well as by statute. The methods of terrorism referred to in the statute have close relation to sabotage, and are practiced for the purpose of intimidation, and coerce employers into a compliance with labor demands. Methods of that sort are equally unlawful and open to legisla to tive condemnation. Ne Criminal Code Revisions. braska's Session Laws of 1919 contain A revision of statutes relating to a very radical revision of the statutes "Crimes and their Punishment" in relating to crime with many additions Missouri is found in the Session to the older laws. Ch. 190 covers Laws pp. 247-262. Particularly minmany topics. Title III gives to the ute and severe are the regulations Department of Agriculture very ex- of the employment of children. Emtensive police power to protect the bezzlement by a bailee is made punishinterests of the public in game and able as theft. Bigamy is defined so fish. Licenses to hunt or fish are pro-as to include conduct not punishable hibited to those not citizens of the at common law. United States. Severe penalties are Protection of Business.-States do provided for offenders and broad not hesitate to exercise the police powers for their detention and power in promotion of the business 290) Texas (Ch. 138), and New York (Ch. 379). Miscellaneous. That certain offenses are unusually common in particular states would seem to be indicated by statutes that are peculiar to those states. Ch. 91 in Arizona regulates with strictness the business of making small loans and provides severe punishment for its infraction. Ch. 92 makes the sale, encumbrance, concealment, or removal by a conditional vendor of articles which he has received in that capacity a felony. Illinois (p. 572) makes it a misdemeanor to willfully destroy or permit interests of the people. Ch. 573 of the Laws of California is an example. In order "to promote the development of the California fruit and vegetable industry in state and interstate markets and to protect the state's reputation," standards are prescribed and penalties are provided and drastic powers of inspection are given to officials. To this class belongs Ch. 58 of Alaska Laws, making it a misdemeanor to obstruct, divert or pollute salmon-spawning streams or waters, and Ch. 197, punishing the sale of petroleum products without inspection and the sale of inferior products as those which have been inspected; to waste food of the value of $25 or No. 4 in South Carolina requiring more with intent to cause scarcity or cotton seed to be labelled so as to to increase the price. Indiana by Ch. show the percentage of ammonia 166 provides for the punishment as a which it contains; and Chs. 4 and 82 misdemeanor of the sale of water for in Utah, providing, respectively, for human consumption which has not the inspection of apiaries and the been analyzed and certified as fit for punishment for selling adulterated or use. Minnesota by Ch. 93 provides misbranded insecticides and fungi- for punishing those guilty of seditious cides, and Ch. 47, regulating the tak- and disloyal acts, language, and ing of fish and game. propaganda by fines up to $10,000 and imprisonment not exceeding 20 years. Missouri (p. 252) punishes criminally the soaping of tracks or otherwise obstructing railroad operations; by Sec. 4464 (p. 257) subjects the owner of mischievous animals to liability of conviction for manslaughter of persons killed by them; by Sec. 4465 (p. 257) subjects a physician to like liability by causing death without design by misconduct while drunk; and by Sec. 4580 (p. 259) declares various actions which are only trespass at common law to be offenses against public and private property. Oklahoma (Ch. 168) makes it a felony to use "Trust" or "Trust Co." when the person or corporation using the title does not possess the capital required by law to do a trust business. South Carolina (No. 107) requires separate accommodations for white and colored passengers in street cars, gives a conductor the powers of police to carry out the provisions of the Act, and punishes violations of them by fine of not more than $100 and not more than 30 days in prison or at work on the chain gang. Protection of Health and Morals. -Statutes for the protection of health and morals multiply yearly; witness Ch. 20 of Alaska Laws and Ch. 234 of Delaware for the abatement of houses of prostitution, with provisions that common fame is competent evidence in favor of the charge; also Ch. 56 of Alaska as to gambling houses, and Ch. 97 of Idaho on the same topic. Theft of Automobiles.—The extent of automobile stealing is shown by the numerous statutes passed and proposed for the prevention and criminal punishment of such thefts. The validity of the Illinois statute on the subject was assailed but upheld in People v. Fernow (286 Ill. 627, 122 N. É. 155). Its purpose was not only to prevent the larceny of automobiles, but also to prevent those who used these cars in the commission of a crime from escaping detection by changing the manufacturer's serial number and thus making difficult the identification of the car. Statutes varying in form but having the same purpose are found in Idaho (Ch. 99), Missouri (Sec. 4536, p. 252), which is declared an emergency law because of no adequate law in force, Nebraska (Ch. 160), Oklahoma (Chs. 102 and Delaware appears to be the first state to legislate for the enforcement of the Eighteenth Amendment (Ch. If we look at the purpose of the section, there seems to me every reason not to draw any line based upon the supposed inaptitude of the words "official func- In the absence of any purpose to create or maintain a monopoly, the Act does not restrict the long recognized right of trader or manufacturer engaged in an entirely private business freely to exercise his own private discretion as to parties with whom he will deal; and, of course, he may announce in advance the circumstances under which he will refuse to sell. Transporting Liquor.-Homer Gudger of North Carolina was en route from Baltimore, Md., to his house in Asheville, N. C. At Lynchburg, Va., a search of his suitcase revealed eight quarts of whiskey in his possession, and he was arrested for violation of the Reed bone-dry statute. He was acquitted on the ground that in transporting the liquor "through" a dry state he not transporting it "into" the state. (U. S. v. Gudger, 249 U. S. 373, 39 S. C. 323.) was The same statute was under consideration in U. S. v. Hill (248 U. S. 420, 39 S. C. 143), when the defendant was held to be a criminal under the Labor Laws. Whether an em- Federal statute though his act was ployer violates the eight-hour law in sanctioned by state law. He bought a the District of Columbia depends upon | quart of whiskey in Kentucky and the character of his establishment. took it with him to his home in If he is a manufacturer, he is sub- West Virginia. The state prohibitory ject to one rule. If he is conducting statute permits a person to bring in a mercantile business, he is subject to a quart of spirituous liquor once in a different rule. In Hotchkiss v. Dis- 30 days for personal use. The Reed trict of Columbia (44 App. Cas. D. C. amendment makes it criminal for any 73, Ann. Cas. 1918, D. 683) it was one to transport in interstate comheld that one who employes a number merce any intoxicating liquor into a of girls in making dresses for cus- prohibition state except for scientific, tomers is engaged in a manufacturing medicinal, or sacramental purposes. and not a mercantile enterprise. Hill's transportation of the quart of whiskey into the dry state of West Virginia was held to be within the Federal law which was paramount to the state statute. - Conspiracy against Trade.-Wholesale dealers are held to violate the conspiracy laws of California when they enter into an agreement fixing the retail price of bread which they sell to retailers and bind themselves not to sell to any retailer who does not maintain such price (People v. H. Jevne Co., Cal. -, 178 Pac. 547). Anti-Trust Laws.-The U. S. Supreme Court has declared (U. S. v. Colgate, 250 U. S. 300, 39 S. C. 465) that it is not criminal under the Sherman Anti-trust Act for a manufacturer to refuse to sell his goods to a dealer who has habitually resold them at prices lower than those fixed by the manufacturer if he does not require the dealer to agree not to sell below such price. Said the court: Waiving Right to be Present at Trial.-The Supreme Court of Mississippi holds that even in a capital case the accused can waive his right to be present at the trial. It ascribes the old rule, which made his absence during any part of the trial reversible error in case of his conviction, to judicial disposition to protect the accused against the harshness of ancient criminal procedure. In the case at bar the voluntary absence of the ac cused was temporary, was known to the counsel, and no objection was made until after conviction, The conviction was sustained. (Thomas - v. State, 117 Miss. 532, 78 So. 147, 555). McIntosh intended to comAnn. Cas. 1918, E. 371.) mit forgery by raising a check for Anti-Tipping Laws.-The Iowa $2.60 to $57.60. He altered the statute making it a crime for em- figures but left the words of the check ployees to accept tips but leaving em- unchanged. To an indictment for forployers free to receive them has been gery he demurred, and his demurrer held void because it grants to em- was sustained on the ground that the ployers special privileges or immuni- legal effect of the check had not been ties in violation of the state constitu- affected by the alteration of the fig tion (Dunahoo v. Huber, Ia. ures, because of the rule that when 171 N. W. 123). the words and figures in a negotiable instrument differ, the words control. In the New York negotiable-instruments law (Sec. 36) the rule is stated to be that when there is a discrepancy between the words and the figures, the sum denoted by the words is the sum payable. In the Georgia case the would-be forger did not deceive the bank, for the discrepancy between the words and figures was discovered upon presentment of the check. McIntosh's guilt was moral, not criminal. Justifiable Homicide.-Is an officer who has a warrant for the arrest of one charged with a misdemeanor justified in killing such person when assailed by him? In State v. Dunning (N. C., 98 S. E. 530) the misdemeanant, one White, was a violent and dangerous man when drunk, and being drunk on this occasion, violated several village ordinances, including several breaches of the peace. Defendant, who was constable and chief of police, having a warrant for his arrest, undertook to enforce it, when he was attacked by White with a drawn knife, and shot his assailant to subdue him, although defendant might have escaped from and escaped harm. The court held that it was defendant's duty to make the arrest, that he was not obliged to retreat but could stand and subdue his assailant, even if he had to kill him in so doing. This is in accordance with Sec. 1055 of the New York Penal Law, which declares homicide justifiable when committed by a public officer necessarily in overcoming actual resistance to the execution of legal process. the room Crime and Immorality.-The dis tinction between immoral and criminal acts is brought out very clearly in the recent Georgia case of McIntosh v. State (- Ga. App. -, 98 S. E. Evidence of Seduction.-That differences of opinion among judges are not confined to cases growing out of reformatory legislation is apparent from the New York case of People v. Taleisnik (225 N. Y. 489, 122 N. E. 615). Defendant was convicted of seduction under a promise of marriage. The conviction was affirmed by a unanimous Appellate Division, but the decision was reversed by a vote of four to three in the Court of Appeals, on the ground that the seduced female's evidence was not legally corroborated. The situation is one in which the majority of the Court of Appeals favors the strict enforcement of a harsh rule because it is ancient and sustained by precedent, whereas the minority of the Court and all the judges in the courts below favor its modification. IX. PUBLIC RESOURCES AND PUBLIC WORKS PUBLIC LANDS MORRIS BIEN Homestead Legislation.-Congress seven months in each year a hardship, has been solicitous regarding the interests of the men who served in our military forces during the war, and on Sept. 29, 1919, passed an act to protect the interests of those who had been injured and were undergoing vocational rehabilitation. Any such persons who prior to entering upon such course had made entry or application for public lands under the homestead law or who had settled or may thereafter settle upon public lands will be entitled to a leave of absence from the land for the purpose of undergoing such training, and the period of such training shall be counted as constructive residence, but no patent is to issue to any such homesteader who has not resided upon, improved, and cultivated his homestead for a period of at least one year. On Feb. 25, 1919, Congress extended to persons engaged in the military and naval service in connection with the Mexican Border operations or during the war with Germany and her allies the privileges of existing laws under which credit is given on account of residence on homestead entries to those who had served in our Army and Navy. The General Land Office issued a circular (No. 641) under date of April 25, 1919 giving the regulations under the laws applicable to entries on public lands by soldiers, sailors, and marines who served during the operations on the Mexican Border and during the war with Germany. the term of residence might be reduced to not more than six months in each year over a period of four years or to not more than five months in each year over a period of five years, but the total residence required shall in no event exceed 25 months, not less than five of which shall be in each year. On Sept. 29, 1919, an amendment was made in the law providing for stock-raising homesteads, passed on Dec. 29, 1916, so that any person who had made homestead entry of the usual character, which is limited to 160 or 320 acres, could take any additional lands within 20 miles of his original entry so as to make a total area of not exceeding 640 acres, but must take in any contiguous lands within that distance. This changed the provision of the original law which permitted the entryman to take only contiguous lands. The year 1919 in certain parts of the Northwest was unusually dry, causing total or partial failures of crops and much loss of cattle besides imposing great hardships upon the land entrymen. An Act of July 24, 1919, provided that a homestead entryman may be excused from residence upon his homestead during the year 1919 when he found it necessary to leave his homestead to seek employment for the support of himself and his family. Forfeiture of Coos Bay WagonRoad Grant.-The grant which was made by Congress on March 3, 1869 for the building of a wagon road from Coos Bay to Roseburg, Ore., is claimed by the United States to be subject to forfeiture because of failure to comply with the provisions of the law for reasons similar to those involved in the Oregon & California Railroad Grant (A. Y. B., 1917, p. 531), and by Act On Feb. 25, 1919, Congress amended the Act of Aug. 22, 1914, which provided for leave of absence of entrymen from their entries for not to exceed five months in each year in one or two continuous periods, by providing that upon application of the entryman and on account only of climatic conditions making residence on the homestead for |