Page:The Green Bag (1889–1914), Volume 17.pdf/641

 6l2

THE GREEN BAG

reference to married persons, inconsistent with the rules of common law, and conformable in the main to the Spanish law), the common law rule declaring void the marriage of a woman to a man who is under the impediment of a prior existing marriage dees not apply to a woman who con tracts the marriage in good faith and without knowledge of the impediment, and as long as she continues to act innocently she has, as to prop erty acquired within the time, the rights of a lawful wife and the corresponding obligations. PRACTISING MEDICINE. (CHRISTIAN SCI ENCE TREATMENT — CONSTITUTIONAL LAW) OHIO SUPREME COURT. It is now settled in Ohio that the exercise by a Christian Scientist of his powers or supposed powers, though in the form of "absent treat ment," is an "appliance, application, operation or treatment" within the meaning of a statute declaring that any one who shall prescribe or recommend for a fee, any drug, medicine, appli ance, application, operation or treatment of what ever nature for the cure or relief of any wound, fracture, or bodily infirmity or disease, shall be regarded as practicing medicine. State v. Marble, 73 Northeastern Reporter, 1063. A contention that the statute was unconstitu tional was based in this case upon the fact that members of different schools of medicines were not required to pass the same form of examina tion before the State Board of medical registra tion and examination. Thus osteopaths were examined only in the methods of treatment used by their schools, not being required to be familiar with the subjects of pathology, chemistry, thera peutics, and the principles and practice of medi cine and surgery. Upon this provision is based the argument that as Christian Science entirely excludes drugs and all other material methods of treatment, one practicing Christian Science should not be required to pass an examination in various different subjects which were not required of the osteopath and which had no relation to the prac tice of Christian Science. This argument is met by the statement that it is not necessary that other schools of healing should be recognized; that while the act does not provide a special examination and limited certificate for Christian Science practitioners, they may obtain a certifi cate to practise medicine upon the same condi tion as others and that there is nothing in the act requiring them to use the knowledge after they acquire it. . A number of recent decisions are cited in support of the conclusion reached, among them being the following: State of Nebraska v. Buswell, 40 Neb. 158, 58 N. W. 728, 24 L. R. A.

68; People v. Blue Mountain Joe, 129 Ill. 370, 21 N. E. 923; Williams v. The People, 121 Ill. 84, n N. E. 88 1; The People v. Gordon, 194 Ill. 560, 62 N. E. 858, 88 Am. St. Rep. 165; Bragg v. The State, 134 Ala. 165, 32 South. 767, 5 L. R. A. 925; The State of Iowa v. Bair, 112 Iowa, 466, 84 N. W. 532, 51 L. R. A. 776; The State of Kansas i: Wilcox, 64 Kan. 789, 68 Pac. 634; Meffert v. Medical Board, 66 Kan. 711, 72 Pac. 247; State of Maine v. Bohemier, 96 Me. 257, 52 Atl. 643; People v. Reetz, 127 Mich. 87, 86' N. W. 396; State v. Biggs, 133 N. C. 729, 46 S. E. 401, 64 L. R. A. 139, 98 Am. St. Rep. 731, (monographic note); State v. Heath, Iowa, 101 N. W. 429. TAXATION. TION)

(NATIONAL BANKS — DISCRIMINA

UNITED STATES SUPREME COURT. In the case of City of Covington v. First National Bank of Covington, 25 Supreme Court, Reporter, 562, it is determined that the retroactive provis ion of Kentucky Act, March 21, 1900, relating solely to national banks, and charging such banks with liability for taxes for past years on their capital stock, whether held within or with out the state, as well as sxibjecting them to a penalty in addition for delinquency, operates as a discrimination against such banks, in view of the fact that before the passage of such act national banks were not required to return for taxation shares of their .capital stock held outside of the state, and that other capital is not required to do so now. TELEGRAMS. ANGUISH)

(DELAY IN DELIVERY — MENTAL

KENTUCKY COURT OF APPEALS. In Western Union Tel. Co. v. Reid, 85 South western Reporter, 1171, it is held that mental anguish of a father in beholding the sufferings of his child during the period that a telegraph com pany negligently delays delivering a message to a physician, announcing the nature of the child's trouble and requesting his immediate presence with surgical instruments, is not a proper element of recovery against the telegraph company. This would seem to be somewhat in conflict with the holding of the Supreme Court of Tennessee in Western Union Tel. Co. v. Robinson, 37 S. W. 545TRADING STAMPS. (ASSIGNABILITY — RIGHT OF MERCHANT TO REISSUE) NEW JERSEY COURT OF CHANCERY. Other cases have shown the trading-stamp companies on the defensive, attacking legislation