Newspaper Page Text
THE COCONINO SUN. . imVMVmMHVMMMWif 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, Jr. 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 negligence. 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 divorce. 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. .