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THE COCONINO SUN.
OUR LEGAL NOTES.
EDITED BY JAMK3 1. M GOVERN.
Tho annual meeting of thocrritorial
liar association was lislil at Phccnlx,
January 12th, 1893. The following
officers wero elected for tho ensuing
year: President, Sellm Fr.inklln; vice
president, A. C. Hakcr; secretary,
Wade 11. Muling; treasurer, Walter
Bennett; executive committee, Wlllhm
Herring, T. 0. Norrls, T. D. Bennett,
E. J. Edwards and Thomas Armstrong,
Colonel William Herring and Chief
Justice Street were elected as delegates
to tho American ISar association meet
ing at Saratoga, N. V., next summer.
E. E. ElltnwooJ, C. F. Ainsworth, Will
iam Herring and E. J. Edwards were
appointed a committee to investigate
certain charges preferred against two
members of the association.
.It was held in Rudder vs. Koopman
(Ala.), 1837, that the keeping or largo
quantities of dynamite and gunpowder
in a .wooden store In a thickly settled
portion .of an Incorporated town, in
plose proximity to many buildings and
persons, constituted n nuisance which
will render the proprietor liable for
damages caused to other persons in case
of-nn explosion, even If such oxploslon
Is due to a fire originating without his
fault on the premises of a third person.
But he will not be liable for damages of
which the explosion is not the proxi
mate cause, as for the destruction of a
building which would have caught fire
and been destroyed from other causes
independent of the explosion. The
keeping of explosives is prima facie
In Stato vs. McGonigle, 45 P., 23, It
was held that a person Is guilty of mur
der In tho first degree where, in shoot
ing at one person under circumstances
such that, If ho had killed him, he
would have been guilty or murder in
the ilrst degree, he kills another.
A certain Arizona justice of the
pe.ice, after hearing a case a short time
ago, announced with great dignity:
"I'll take this 'ere cise under advise
ment till next Monday morning at half
pist nine, at which time I'll give a
decision to the plaintiff."
In Carson vs.Vieksburg Hank (Miss ),
37 L. It. A., 333, an attempt to substi
tute as beneficiary of an endowment
certificate In the Knights of Pythias a
creditor In pl.iceof the member's widow
and children was held abortive because
tho constitution of the association pro
vided that t'm benefits ara for persons
related to or dependent upon the mem
ber nnd that they shoald never be
appropri.ited to iho piyincut of any
debt against his estate.
It was held in Anonymous case (Com.
PI.), 2 Ohio, X. P., 312,3 Ohio, Dec. 250,
that the commission of sodomy by a
husband Is not adultery within the
meaning of a statute making adultery
ground for divorce. But the commis
sion of such crime by a husband is held
In tho same case to be "extreino cru
elty" toward the wife within tho stat
ute making such cruelty ground for
A railroad company is lhblefor Injury
to a young child which strays upon the
track because of the lack of a fence.
Rosso vs. St. Paul 11. U. Co. (Minn.), 37
I.. It. A., 694. This overrules a former
decision holding that a statute requir
ing fences was exclusively for the pro
tection of domestic animals. .