Page:Harvard Law Review Volume 4.djvu/110

94 94 HARVARD LAW REVIEW, Constitutional Law — Registration Laws. — The constitution of Michi- gan gives the right to vote to every citizen, subject to certain qualifications which are unimportant. Held, that an act which required all electors to register, and which provided five days for registration before the day of election, was unconsti- tutional because it gave no opportunity for registration to sick or absent persons, and because it unnecessarily impeded the right of voting by requiring persons whose business might perhaps call them abroad to return on one day to register and on another day to vote. Attorney- General v. City of Detroit, i^i^ N. W. Rep. 388 (Mich.) Constitutional Law — Sectarian Schools. — Reading from the Bible without comment is sectarian instruction within the meaning of a clause in the Constitution prohibiting sectarian instruction in the common schools. Such reading from the Bible by teachers in the public schools is also repugnant to a clause in the Constitution providing that " no man shall be compelled to . . . erect or support any place of worship. " State v. District Board of School Dist. No. 5,44 N. W. Rep. 967 (Wis.). Conversion — Tenants in Common — Grain Elevators. — It is provided by statute that grain depositors are tenants in common. Held, that where the warehouseman sells grain to a greater amount than his share of the deposits, the purchaser is guilty of conversion, and acquires no title. The court recognize the fact that this is an inconvenient rule, since it is the common custom for ware- housemen to sell without regard to their outstanding receipts. Hall v. Fillsbury et aL, 44 N. W. Rep. 673 (Minn.). Evidence — Dying Declarations. — • In atrial for murder, statements by the deceased to a physician some hours after being shot, were offered in evidence as dying declarations. It appeared that he had not been informed that he was going to die, nor had he expressed any opinion to that effect, but he had expressed re- grets at being taken away from the support of his family. He died shortly after- ward. Held, reversing conviction below, that his statements as to the manner of his injury were not admissible. Starks ,State,6 So. Rep. 843 (Miss.). Evidence — Privileged Communications. — In an action for negligence, the physician who dressed the plaintiff's wounds testified that, in answer to his question as to the cause of the accident, the plaintiff told him that it was his own fault, etc. Held, the evidence should not have been admitted, for it is conclu- sively presumed that the physician will only ask such questions as are necessary to enable him to discover the nature of his patient's injury. Pennsylvania Co, V. Marion, 23 N. E. Rep. 973 (Ind.). Innkeepers. — Loss of Baggage. — On stepping from the train, a porter bear- ing the name of the defendant's hotel on his cap directed'the plaintiff to an omni- bus which was to take him to the hotel. The plaintiff, knowing nothing of the actual authority of the porter or by whom the omnibuses were run, gave the porter the check for his valise. The porter said it would come right along in another wagon ; but it was lost. Held, the defendant was liable, and whether the porter was authorized only to solicit patronage and not to receive baggage, or whether the omnibuses were run by independent contractors under an arrange- ment with the defendant or by the defendant himself, was immaterial. Coskery V. Na^le^ 10 S. E. Rep. 491 (Ga.). Insurance — Payment of Premium to Agent. — An insurance agent had authority to issue policies, and to collect and remit premiums. He had in his possession money belonging to the defendant, a holder of a policy. By agree- ment with the defendant, that money, to the extent of the premium, was to be applied in payment of the premium. Held, there was a sufficient payment of the premium to bind the company. Phcenix Ins. Co. v. Meier, 44 N. W. Rep. 97 (Neb.). Lecal Tender — Street-RaIlway Companies. — So long as a silver coin is worn by natural abrasion only, and is not appreciably diminished in weight, it is legal tender ; and if a passenger is ejected from a street car for refusal to make payment of fare other than by such coin, he may have action for damages. Mor- gan v. Jersey City & B. R. Co., 18 Atl. Rep. 904 (N. J.). Libel — Publication. — A letter contained liljellous matter about the person to whom it was sent. He was so illiterate as to be obliged to have another party read it for him. /^^/i/, a publication. AlUn v. Wortham, 13 S. W. Rep. 73(Ky.X