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justify a fear that the mental deficiencies of the judge of this court are becoming dominant in and destructive of his public service. We regret that we have become so pedantic, hyperbolic, and tautologic in setting forth our anxieties and distractions, but the occasion is so unusual that we find ordinary idioms quite inadequate.

It may be inferred from what we have said that we may not settle the record as offered. If that impression is entertained, it is entirely accurate, we cannot because of the fears expressed and because of the facts.

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Senate Amendment No. 34, sec. 5. That no letter, post card, circular, newspaper, pamphlet, or publication of any kind containing any advertisement of spirituous, vinous, malted, fermented, or other intoxicating liquors of any kind, or containing a solicitation of an order or orders for said liquors, or any of them, shall be deposited in or carried by the mails of the United States, or be delivered by any postmaster or letter carrier, when addressed or directed to any person, firm, corporation, or association, or other addressee, at any place or point in any state or territory of the United States at which it is by the law in force in the state or territory at that time unlawful to advertise or solicit orders for such liquors, or any of them, respectively.

If the publisher of any newspaper or other publication or the agent of such publisher, or

if any dealer in such liquors or his agent, shall

knowingly deposit or cause to be deposited, or shall knowingly send or cause to be sent, anything to be conveyed or delivered by mail in violation of the provisions of this section, or shall knowingly deliver or cause to be delivered by mail anything herein forbidden to be carried by mail, shall be fined not more than $1,000 or imprisoned not more than six months, or both; and for any subsequent offense shall be imprisoned not more than one year. Any person violating any provision of this section may be tried and punished, either in the district in which the unlawful matter or publication was mailed or to which it was carried by mail for delivery, according to the direction thereon, or in which it was caused to be delivered by mail to the person to whom it was addressed. Whosoever shall order, purchase, or cause intoxicating liquors to be transported in interstate commerce, except for scientific, sacramental, medicinal, and mechanical purposes, into any state or territory the laws of which state or territory prohibit the manufacture or sale therein

of intoxicating liquors for beverage purposes shall be punished as aforesaid: Provided, That nothing herein shall authorize the shipment of liquor into any state contrary to the laws of such state: Provided, further, That the Postmaster General is hereby authorized and directed to make public from time to time in suitable bulletins or public notices the names of states in which it is unlawful to advertise or solicit orders for such liquors.

The measure excludes liquor advertisements and solicitations for orders for liquor from the United States mail which go into states where such advertisements and solicitations are prohibited. It will take effect in practically all of the twenty-five prohibition states which have laws either against advertising or soliciting orders for liquor.

It will affect a number of near dry states which prohibit the advertising or soliciting of orders in the dry subdivisions within the state, as the law applies to a letter addressed "at any place, or point in any state or territory

when it is by the law in force in the state

unlawful to advertise or solicit orders for such liquors." The law of the state prohibits such solicitations or advertisements at these different points in the state, and the court will doubtless construe the law to apply to such territory.

The indirect and very beneficial effect from the temperance standpoint will be to banish liquor advertisements from practically all of the great daily papers and magazines in the country. It will be impractical for such periodicals with a large circulation, to get out separate editions for wet and dry territory. The only safe plan for a newspaper will be to eliminate liquor advertisements entirely.

The second part of the amendment affects twenty-five states that have prohibited the manufacture and sale of liquor for beverage purposes.

The only way you can get liquor for beverage purposes in a dry state and not violate the Federal act would be to carry it in person, and otherwise than by an interstate commerce carrier. In some of the states even this is prohibited by preventing possession of liquor for beverage purposes in any amount in any place. Kansas has just passed such a law.

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A precedent embalms a principle.-Bea.

-liquidated

Accord and satisfaction - liquidated demand payment of less sum. While, if a demand is unliquidated or disputed, payment and acceptance in discharge of the same of a less sum than that claimed will constitute an accord and satisfaction, yet, in cases where the debt is liquidated and is due (except where changed by statute), the general doctrine is applied in the Oklahoma case of Sherman v. Pacific Coast Pipe Co. 159 Pac. 333, that payment by the debtor and receipt by the creditor of a part thereof is not a satisfaction of the whole, unless it be made on some new consideration, such payment operating only as a discharge of the amount paid; and the creditor may maintain an action for the balance. Recent cases on the subject accompany this decision in L.R.A.1917A. 716.

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of a check forwarded by a bank for collection after crediting it as money to the account of the depositor upon his unrestricted indorsement falls upon the bank unless it takes steps to charge him as indorser, is held in the New York case of Heinrich v. First Nat. Bank, 113 N. E. 531, annotated in L.R.A.1917A, 655.

Bank guaranty of customer's acultra vires

count

estoppel. A bank, it is held in Creditors' Claim & Adjustment Co. v. Northwest Loan & T. Co. 81 Wash. 247, 142 Pac. 670, L.R.A. 1917A, 737, cannot plead ultra vires to a guaranty of its customer's account for merchandise which is shipped in reliance on the guaranty, where it has taken good security to protect itself and assured the vendor of its power to make the guaranty when he questioned it.

Bank public funds - priority. That the claim of an officer for funds deposited by him in a bank which has become insolvent is entitled to no priority of payment merely because of their public character, is held in Phillips v. Gillis, 98 Kan. 383, 158 Pac. 23, annotated in L.R.A.1917A, 680.

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property in trust to pay the income to him during life, with the express provision that it is to be free from the interference or control of his creditors, although the interest is assignable and the Bankruptcy Act provides that all property shall vest in the trustee which, prior to the filing of the petition, the bankrupt could by any means have transferred.

Bills and notes qualified indorsement transfer. The words: "I transfer my right, title, and interest in same: J. M. Burk"-written upon the back of a negotiable instrument, by the payee, is held not a qualified indorsement in the Oklahoma case of Copeland v. Burke, 158 Pac. 1162, L.R.A.1917A, 1165, and such payee is liable thereon as an ordinary indorser.

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so applied are held subject to the same rule, in Benjamin v. Welda State Bank, 98 Kan. 361, 158 Pac. 65. Supplemental annotation as to the title of one who takes money from a thief or embezzler accompanies this case in L.R.A.1917A, 704.

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Commerce state interference stopping of interstate passenger trains. That a state Commission has jurisdiction to require the stopping of interstate trains at a border community located within 40 miles of a metropolis in another state, to enable residents to visit the city during business hours and return the same day, and to improve the conditions of traffic to the county seat via said city, is held in the Wisconsin case of Holle v. Minneapolis, St. P. & S. Ste. M. R. Co. P.U.R.1916F, 459, especially as adequate train service would aid rather than impair interstate service.

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tion

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Constitutional law class legisladepartment of farm loans. A statute creating a department to aid agriculturists in securing loans on their real estate is held not unconstitutional as class legislation, or a denial of the equal protection of the laws, in the Montana case of Hill v. Rae, 158 Pac. 826, L.R.A. 1917A, 495, although its benefits are limited to agriculturists, and to the members of that class only who can furnish real estate security. No other case has been found which deals with the constitutionality of statutes designed to assist agriculturists or other classes of persons in securing loans, other than statutes for the relief of persons in distress.

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cannot, it is held in the Maryland case of Byrne v. Maryland Realty Co. 98 Atl. 547, in view of the constitutional protection of property rights, limit the buildings to be erected in a specified section of a municipality to separate and unattached dwellings not less than a specified distance apart. Recent cases on the exercise of the police power for esthetic purposes accompany this decision in L.R.A. 1917A, 1216.

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Constitutional law requiring milk dealers to pay bills. A statute requiring, under penalty, dealers in milk to pay for their purchases of that commodity twice a month, is held unconstitutional class legislation, in the Maine case of State v. Latham, 98 Atl. 578, L.R.A. 1917A, 480. No other case has been found involving the validity of a statute prescribing time of payment of obligations other than those to employees.

Contracts to perform to satisfaction of employer-fulfilment. A contract to establish whether or not a certain diamond was stolen and who stole it, to the satisfaction of the employer, is held performed in the Colorado case of McCartney v. Badovinac, 160 Pac. 190, L.R.A.1917A, 1146, when evidence is furnished sufficient to satisfy any reasonable man, acting reasonably, and the promisor cannot avoid payment by merely stating that he is not satisfied.

Courts jurisdiction of sale of ship. Admiralty is held in the California case of Fischer v. Carey, 159 Pac. 577, to have exclusive jurisdiction over proceedings to sell a ship because of disagreement between its owners, and a state legislature therefore cannot give state courts jurisdiction of such a proceeding so as to enable them to take possession of the ship by a receiver and proceed to sell it. The jurisdiction and determination of suits for the adjustment of rights between part owners of a ship is considered in the note appended to the foregoing case in L.R.A.1917A, 1100.

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posed upon lots by tracing and marking such lines on a recorded plat, if the lines are not referred to in the deeds of conveyance or the acknowledgment to the plat, is held in the Missouri case of Zinn v. Sidler, 187 S. W. 1172, annotated in L.R.A.1917A, 455.

Easement air space

covenant in

deed. The owner of a large lot conveyed a portion of it, 40x70 feet, to certain named trustees of the Methodist Episcopal Church, in trust for a place of worship for the use of the members of said church, and covenanted "that no building shall be erected on any part of the land surrounding the above-described granted church lot within 10 feet of said church lot." It is held in Hennen v. Deveny, 71 W. Va. 629, 77 S. E. 142, that this covenant created a perpetual easement in said 10-foot strip of ground in favor of the church lot, for the purpose of light and air. It is further held that this easement passed by a conveyance of the church lot, and was not extinguished by the conversion of the church building into a business house. The note accompanying this decision in L.R.A.1917A, 524, treats of change in character or use of dominant tenement as affecting an easement.

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Highway right to retain to enforce payment for labor. One who performs labor under contract with a turn

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the meaning of an accident insurance policy, is held in the Iowa case of Ballagh v. Interstates Business Men's Asso. 155 N. W. 241, which is accompanied in L.R.A.1917A, 1050, by the recent cases as to liability on accident policy for sickness or death caused by blood poisoning.

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Insurance failure to notify insurer effect. Failure of a mortgagor to notify his insurer of a subsequent policy which, to his knowledge, the mortgagee takes in his name with loss payable to the mortgagee, is held not sufficient in Gould v. Farmers Mut. F. Ins. Co. 114 Me. 416, 96 Atl. 732, annotated in L.R.A.1917A, 604, to avoid a policy which he had secured upon the property, and which proIvided that it should become void in case of additional insurance without the assent of the insurer.

Insurance furnishing claim blanks. No waiver results, it is held in Ridgeway v. Modern Woodmen, 98 Kan. 240, 157 Pac. 1191, annotated in L.R.A.1917A, 1062, from the fact that a fraternal beneficiary society, after learning that a member has lost his life through engaging in a prohibited occupation, at the request of the beneficiary, furnishes blanks upon which to make proofs of death, without giving notice of an intention to resist payment, otherwise than by a general statement that the supplying or use of the blanks should waive no right to deny liability.

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Insurance illegal contract ery of premiums. That directors of a school district who insure the lives of residents of the district to secure bonds issued by the district, and give their notes for the premiums, are not, when compelled to pay the notes to an indorsee after the policies are declared void for absence of insurable interest, entitled to recover the premiums from the insurer, since, the contract being against public policy, the courts will leave the parties where it finds them, is held in Security Mut. L. Ins. Co. v. Little, 119 Ark. 498, 178 S. W. 418, annotated in L.R.A. 1917A, 475.

Landlord and tenant unsanitary

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