Page:The Green Bag (1889–1914), Volume 16.pdf/254

 NOTES OF RECENT CASES OF IMPORTANCE FROM THE NATIONAL REPORTER SYSTEM. (Copies of the pamphlet Reporters containing full reports of any of these decisions may be secured from the West Publishing Company, St. Paul, Minnesota, at 25 cents each. In ordering, the title of the desired case should be given as well as the citation of volume and page of the Reporter in which it is printed.)

ANARCHISTS. (EXCLUSION OF ALIEN—CONSTI TUTIONALITY OF STATUTE—GUARANTY OF RELir.ioi's FREEDOM AND FREEDOM OF SPEECH.) UNITED STATES CIRCUIT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK.

In United States ex rcl. Turner г: Wil liams. 126 Federal Reporter 253, the exclu sion of the English anarchist Turner from the United States under the Immigration Act of March 3. 1903 (32 Stat. 1214, U. S. Сотр. St. Supp. 1903. p. 172), is reviewed. The court first holds that the determination of the hoard of special inquiry that Turner was an anarchist cannot be reviewed. The contention was that the exclusion act was ^unconstitutional because it infringed Article I of the constitutional amendments provid ing that Congress shall make no law prohib iting the free exercise of religion, or abridg ing the freedom of speech. The court says that it is difficult to understand on what theory the exclusion of an alien anarchist is a prohibition of the free exercise of religion, and as to abridging speech, that applies only to the speech, of persons in the United States, and has no bearing on the admission of aliens. Ekiu's Case, 142 U. S. 657. 12 Supreme Court Reporter 336. 35 L. Ed. 1146, is relied on as authority. AUTOMOBILES. (USE OF HICIIWAYS— EXCESSIVE SPEED—NEGLIGENCE.) KENTUCKY COURT OF APPEALS.

In Shinkle Î-. McCullogh. 77 Southwest ern Reporter iy6, the right of automobiles on public highways is discussed. The case was a damage suit arising from the fright ening oí plaintiff's horse by an automobile' driven at high speed and emitting loud noises. The court says: "While automo biles are a lawful means of conveyance, and

have equal rights upon the public roads with horses and carriages, their use should be ac companied with that degree of prudence in management, and consideration lor the rights of others which is consistent with their safety. If. as the jury found by the verdict, appellant knew, or could have known by the exercise of ordinary care, that the machine in his possession and under his con trol had so far excited appellee's horse as to render him dangerous and unmanageable, it was his duty to have stopped his automo bile ami taken such other steps for appellee's safety as ordinary prudence might suggest." BAGCAGE.

(boss—NEC.UOENCF,.) NEW YORK SUPREME COURT.

Tewes sued the Xorth German Lloyd Steamship Company for the loss of his bag gage. The case is reported in 85 New York Supplement, page 994. A trunk was deliv ered to the company to be carried to Europe on ч steamer on which plaintiff had engaged passage, but it was allowed to remain on the dock, and two days after the steamer sailed, was burned. Plaintiff's ticket contained a provision limiting the liability for loss of baggage to fifty dollars, unless the value in exci ss should be declared and freight paid thereon. This is held binding on the plain tiff, citing: Steers f. Liverpool, X. Y. & P. S Co.. 57 X. Y. i, 15 Am. Rep. 453: Zimmer r. X. Y. С. & H. R. R. Co., 137 X. Y. 460, 33 Xortheastern 642. But the court says that by the defendant's neglect it lost the benefit of this provision and made itself subject to the full liability of a common carrier. The loss is traced back from the immediate cause to the first cause, to wit: The negligince or breach of contract in leaving the