Page:Harvard Law Review Volume 5.djvu/166

150 150 HARVARD LAW REVIEW. ery to the agent was not a delivery to defendant so as to constitute part perform- ance and take the agreement out of the Statute of Frauds. Swain v. Burnette et al., 26 Pac. Rep. 1093 (Cal.). Assignment — Salary — Public Policy. — An assignment of the salary of the chaplain to a workhouse and workhouse infirmary is not void as being against public policy. In re Mirams [1891], Q. B. 594 (Eng.). Carriers — Limiting Liability. — A stipulation by a carrier that he will be liable only to a limited amount, unless the true value of the goods is given, is valid, and will be upheld as a proper and lawful mode of securing a due propor- tion between the amount for which the carrier may be responsible and the freight he receives, when the loss of the goods results only from slight, common, or or- dinary negligence on the part of the carrier. Pacific Exp. Co. v. Foley, 26 Pac. Rep. 665 (Kan.). This brings Kansas into the list of those States which allow a carrier to limit his liability. The rule there was formerly the other way. See Kallman v. Express Co., 3 Kan. 205. Constitutional Law — Interstate Commerce — " Wilson Bill." — The provision of the federal Constitution vesting in Congress the exclusive power to regulate interstate commerce does not guarantee the absolute freedom of such commerce; and hence the "Wilson Bill" (Act Cong. Aug. 8, 1890, 26 St. 313), which provides that intoxicating liquors brought into any State shall be subject to the laws enacted in the exercise of its police power " to the same extent and in the same manner as though such liquors had been produced in such State, and shall not be exempt therefrom by reason of being introduced therein in original packages or otherwise," is not an unconstitutional restriction. Wilkerson, Sheriff, v. Rahrer, 11 Sup. Ct. Rep. 865. Constitutional Law — Religious Liberty — Compulsory Attendance at College Chapel. — A rule of the trustees of the State university, requiring students to attend non-sectarian religious exercises in the university chapel is not in conflict with Const. 111., art. 2, § 3, which provides that "no person shall be required to attend or support any ministry or place of worship against his consent." North v. Board of Trustees of University of Illinois, 27 N. E. Rep. 54 (HI-)- Contract — Demurrage — Violence of Strikers. — The contract by the freighter to pay demurrage to the ship-owner if the ship is not unloaded at the end of a fixed number of lay days is an absolute one, subject to the ship-owner doing nothing to prevent the unloading; and consequently delay in unloading caused by a strike of dock laborers over whom the ship-owner had no control will not relieve the freighter from his liability to pay demurrage. Budgett (5° Co. v. Binnington &* Co., 63 L. T. n. s. 742, Ct. of App. (Eng). Contract — Public Policy. — Where the public has an interest in the location of a public building, as a post-office, a contract to induce the retention of the building at a given point for private gain and benefit is against public policy, and unenforceable. Woodman v. Lines, 27 Pac. Rep. 125 (Kan.). Contracts — Want of Consideration — Fraudulent Conveyances. — A conveyance of real estate by a father to a minor son, for the son's services during his minority, is a voluntary conveyance, without legal consideration, and therefore void as to the creditors of the parent, if made when the latter had no other property subject to execution. " The obligation rested upon the father to support the son, who, in turn, owed the father his services until he became of age." Stumbaugh et al. v. Anderson eta/., 26 Pac. Rep. 1045 (Kan.). Criminal Law — Convict — New Sentence. — A convict who escapes from the penitentiary and commits a grand larceny may be convicted and sentenced therefor before he has served out his first sentence. People v. Flynn, 26 Pac. Rep. 1114 (Utah). Criminal Law — Evidence — Defendant as Witness. — A defendant who voluntarily becomes a witness on his own behalf is subject to the same rule as any other witness, and may be asked by the State, on cross-examination, if he had not been convicted of larceny at the previous term of the same court in which he was being tried. Stale v. Probasco, 26 Pac. Rep. 749 (Kan.). Eminent Domain —Relocation of Road-Land in Public Use. — Where, by its charter, a railroad company was authorized to alter the location of its