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 NOTES OF RECENT CASES "The court made a mistake in instituting the proceeding; a mistake in holding that an affidavit is not essential to its jurisdiction; a mistake in holding that the acts of the respond ent constituted contempt. But infinitely greater than these was the mistake it made in holding the truth to be immaterial; for, aside from the fact that it denied to the respondent important constitutional rights, in the very nature of things, those who before believed the charges to be true are now confirmed in their belief, and those who did not believe them now have their confidence in the court shaken solely because of the action of the court in refusing the respondent a hearing, and denying him the right to offer proof in support of the charges, and in holding that it is entirely immaterial whether the matter published is true or false." CRIMINAL LAW. (Attempts.) N. Y. — The question whether a conviction for an attempt to commit a crime can be had where the actual commission of the crime is impossible under the circumstances, is answered in the affirmative in New York, by People v. Jaffe, 98 N. Y. S. 486. The court there declares that whether an attempt to commit a crime has been made is determinable solely by the condition of the actor's mind and his conduct in the attempted consummation of his designs, and the fact that the crime attempted could not be committed, is immaterial. The Statutes of New York relative to receiving stolen property and to the punishment of attempts, are not materially different from the laws of most of the other states, so that the decision, while apparently based on certain New York statutes, is really of very general application. The prose cution was for attempting to receive stolen goods, and it was shown that a clerk stole goods from his employer, attempting to sell them to accused, but subsequently confessed, so that the employer recovered the goods. The latter redelivered them to the clerk under an agreement that he should sell them to accused. There was sufficient evidence to justify the jury in finding that accused on receiving the goods believed that they were stolen. Under these circumstances it was held that accused could not be convicted of receiving stolen property, but could be found guilty of an attempt to commit that offense. A number of other New York cases, somewhat similar in facts, are cited with approval, People v. Sullivan, 173 N. Y. 122. 65 N. E. 989; People v. Mills, 178 N. Y. 274, 70 N. E. 786; People v. Conrad, 92 N. Y. S. 606; People v. DuVeau, 94 N. Y. S. 225, being among the number. CRIMINAL LAW. (Larceny — Public Officers.) Ill. — A conviction for larceny committed by ob

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taining possession of goods by legal process wrong fully issued is sustained in Luddy v. People, 76 N. E. 581. There a constable, in conspiracy with a justice of the peace and a collection agent, seized goods on a writ issued on a judgment for claims which had been paid, as shown by receipts filed with the justice but destroyed by him. The constable took the goods away and concealed himself so as to prevent the retaking of the goods, which were afterwards found where they were concealed by the constable and the justice after a pretended sale. Under these circumstances the constable was held guilty of larceny. The court says that there can be no doubt but that a con stable acting in good faith under a writ regular upon its face will be protected in a reasonable and lawful performance of his duties. But it is declared that the fact that a man is an officer and holds a writ regular on its face does not authorize him to do illegal and unlawful acts under the cloak of such authority. EQUITY. (Complainant must have Clean Hands.) U. S. C. C. A. 6th Circ. — A pleasing exposition of the ancient maxim that the hands raised in supplication by a suitor in equity must be unsullied is contained in Toledo Computing Scale Company v. Computing Scale Company, 142 Fed. 919. Complainant made and sold a " butcher's com puting scale " which it stated in its circulars to the trade would make a dealer a profit of three per cent if he sold his meat at the same price per pound he paid for it. This was done by so con structing the computing mechanism that the price shown by the scale for the draft weighed was that for the next even numbered ounce above the actual weight. The evidence showed that sixty thou sand of these scales have been sold. Complainant openly advertised this principle of its scales and sought custom expressly upon the ground that the scales were constructed on this dishonest principle. In view of its business methods, the court holds that complainant had no standing in a court of equity to restrain a competitor from calling the attention of purchas ers and the public to the fraudulent and dishonest character of complainant's scale. INJUNCTION. (Violation — Labor Unions.) Ill. — The Supreme Court has in Franklin Union No. 4 v. People, 77 N. E. 176, made a further con tribution to the growing volume of decisions relative to the rights and duties of labor unions engaged in strike. A preliminary contention of some importance is disposed of in a holding that where a court has before it a party complainant asking for an injunc