35. "Voting Trust."-Stockholders' agreement to deposit preferred stock with comm.ttee, to liquidate accumu.ated cumulative dividends and to refund mortgage, specifically providing that no title nor beneficial interest should pass to committee, held not to create voting trust.-International Paper Co. v. State, N. Y., 296 N. Y. S. 57.

36. Divorce-Abandonment.-For husband, without cause, to treat wife in manner to compel her to leave him. is "abandonment" and "desertion" by him.-Hoffhines v. Hoffhines, Md., 126 Atl. 112.

37. Elections-Absent Voters.-Voters absent from county of residence on election day because of employment in harvesting peaches in orchard near county line, held unavoidably absent, within Absent Voters' Law (Crawford & Moses' Dig. § 3810 et seq.), which refers to unavo.dability because of ordinary occupation or business.-Jones v. Smith, Ark., 264 S. W. 950.

38. Fraud-Waiver.-Any act of a defrauded party which recognizes the binding force of a contract, the execution of which was induced by fraud of the other party, constitutes an affirmance of the contract, and waives the right of rescission on account of fraud, but does not necessarily waive the right to recover damages for fraud.-Holcomb & Hoke Mfg. Co. v. Jones, Okla., 228 Pac. 968.

39. Frauds, Statute of-Parol Agreement.Where defendant went into possession under written contract to purchase from plaintiff, building house and residing on premises, and subsequently on foreclosure of deed of trust given to plaintiff by third person plaintiff bid in premises pursuant to oral agreement to sell to defendant if latter would not bid, held that defendant's asserted right to purchase could not be defeated on theory that oral agreement brought transaction within statute; position of parties not having changed, except as to amount of debt due from defendant, and rea! contract, being written one, which remained alive, measuring rights of parties.-Braun v. Dallin, Cal., 228 Pac. 740.

41. Income Tax-Increase in Assets. Where borrower of German marks repaid debt eight years later, when marks had fallen in value difference was not taxable as income, under Const. Amend. 16, nor Revenue Act Nov. 23, 1921. §§ 213, 230 232, 233 (Comp. St. Ann. Supp. 1923. §§ 6336%ff, 6336%nn, 633600, 6336%p), since it was not derived from employment of capital, labor, or both. or from sale or conversion of capital assets resulting in profit, there being no such thing as negative income.-Kerbaugh-Empire Co. V. Bowers, U. S. D. C., 300 Fed. 938.

43. Insurance Incontestable Clause.-Incontestable clause is agreement that, after certain period, insurer is estopped to contest policy or set up any defense, except such as may be reserved therein. or is allowed on ground of public policy. but does not waive all defenses or condone fraud, and in case of breach of warranty insurer must assert its claim within named period, either by affirmative action or by defense to suit brought on policy by beneficiary within time limited.-Powell v. Mutual Life Ins. Co., Ill., 144 N. E. 825.

44.-Proportion of Liability.-Where fire insurance policies, considered as constituting one contract insured a building and its contents against loss by fire, and provided that insurer "shall be liable for no greater proportion of any loss than the amount hereby insured bears to 90 per cent of the actual cash value of the property described held that loss is to be determined by considering the building and contents as one item, and not by

taking the cash value thereof separate y.-Firemans Ins. Co. v. Temple Laundry Co., Ind., 144 N. E. 838.

45.- -Proximate Cause.-Where injury results in blood poisoning, which causes insured's death, proximate cause of death is injurv. and not blood po.soning.-Knowlton v. Preferred Accident Ins. Co., Iowa, 199 N. W. 1014.

46. -Violation of Policy.-Keeping on insured property one galion g.ass container filled with gasoline held not violation of policy, which prohibited keeping of gasoline in excess of 25 pounds in quantity, and which contained rider authorizing keeping not to exceed 10 gallons, if kept in closed metal can free from leak.-Óberman v. United States Fire Ins. Co., Ill., 144 N. E. 798.

47. Labor Unions-Restraint of Competition.rule of the Brotherhood of Painters, Decorators and Paper Hangers of America. Obligatory on its local unions, provides that, where a contractor shall take a contract to perform work outside of his home territory as defined by the union, ho shall be obliged to pay local workmen the rate of wages, and otherwise conform to the union rules and regulations in force in his home territory, if more favorable to the workmen than the local rates and rules, and forbidding local workmen from working for such contractor unless such rule is observed, under penalty of fines and expulsion from the union. Held that such rule is unlawful, as an unreasonable restraint of competition, in violation of the rights of contractors and the public, in that it practically makes it impossible for an outside contractor to bid on local work, and a foreign contractor, having a contract within the territory of a local union, held entitled to an injunction to restrain its enforcement by such union. -J. I. Hess. Inc., v. Local Union No. 17, Etc.. U. S. D. C., 300 Fed. 894.

48. Master and Servant-Course of Employment. Village marshal and street commissioner, killed while climbing pole not owned by village to put banner across street, in preparation for village homecoming celebration at request of chairman of club committee in charge of celebration, was not engaged in scope of his employment at time of accident.-Hall v. Vil.age of Montague, Mich., 200 N. W. 133.

49.- -Scope of Employment.-Whether truck driver operating delivery truck at time of accident was acting within scope of employment, though off of route which it was claimed he would have taken had he followed specific directions, he'd question for jury.-Jordan Stabler Co. V. Tankersley, Md., 126 Atl. 65.

50. Mechanics' Liens - Preference. - Laborer hired by day did not lose right to preference as laborer, as respects claim for labor, over lienors who filed liens before his, because under agreement with general contractor, after his employment he furnished building materials.-Glatt v. Meade, N. Y., 206 N. Y. S. 64.

51. Mines and Minerals-Cancellation of Lease. -The filing of a petition in bankruptcy against lessee or sub'essee in coal lease did not affect the right of lessor to cancel the lease for default in payment of royalties.-Cassidy v. E. M. T. Coal Co.. Ky., 264 S. W. 744.

52. Municipal Corporations-Distribution of Circulars. City ordinance prohibiting distribution of circulars, pamphlets. etc.. in public streets, when deemed to prohibit distribution of pamphlets criticizing municipal management. and containing matter of general interest, is unreasonable.Coughlin v. Sullivan, N. J., 126 Atl. 177.

53. -Street Grade.-Variance from established grade, in ordering permanent street improvement, is not jurisdictional matter depriving council of jurisdiction to assess abutting owners.-In re Audubon and Ninth Streets, Iowa, 299 N. W. 983.

54. Suit on Tax Bill.-Although Rev. St. 1909. § 9075. provided that suit on a tax bill to collect for public improvement should be brought in name of city to use of contractor, judgment of foreclosure in suit on tax bil not opposed by landowners, cannot be attacked collaterally, because not brought in name of city, by either holder of another tax bill. prior in date but junior in right,

nor by property owners, regardless of fact that
junior lienholder was not party to the suit.-City
of Springfield v. Ransdell, Mo., 264 S. W. 771.

55.

Nuisance-Bawdyhouse.-Laws 1921, p. 523,
§§ 1. 2. making establishment or maintenance of a
bawdyhouse a public nuisance abatable by injune-
tion, held not unconstitutional as violating federal
Const. Amend. 5, or Const. art. 2, § 23, by per-
mitting double jeopardy as making defendant tes-
tify against himself, as violating federal Const.
Amend. 14, by depriving defendant of liberty with-
out due process of law, without charge against her
or jury trial, nor as providing punishment for
crime by civil action, and enforcement of criminal
law by injunctive process.-State v. Kearns, Mo.,
264 S. W. 775.

56. Principal and Agent-Agent's Declarations.
-Before declarations of agent will be received in
evidence for purpose of binding principal, prima
facie case of agency must be established.-Vin-
cent, Albin & Strahl v. Hines, Iowa, 200 N. W. 1.

57. Railroads Crossing.-Undisputed evidence
that plaintiff stopped her car within 12 feet of
crossing, looked both ways, and listened, but saw
no train, and heard no signal, and evidence that
no signal was given, and that curves and cuts ob-
structed view of approaching trains, held to show
absence of contributory negligence.-Hart v. Chi-
cago, M. &: St. P. Ry. Co., Mo., 264 S. W. 902.

58.- -Crossing.-In an action against a railroad
company for causing death, testimony of one or
two witnesses. who only glanced at deceased
tending to show that he did not keep a proper
lookout as he drove upon a crossing, was not suffi-
cient as a matter of law to overcome the presump-
tion of due care on his part.-Razzis v. Philadel-
phia & R. Ry. Co., Pa., 126 Atl. 204.

59.- -Taxation.-It would not be violative of
Const. U. S. Amend. 14. to assess franchise of
railroad in state upon mileage basis, treating its
lines in and out of the state as single system, not-
withstanding line within state is not connected
with lines out of state except by a terminal rail-
road company jointly owned by several railroads,
under Ky. St. § 4081.-Southern Ry. Co. v. Com-
monwealth, Ky., 264 S. W. 850.

60. Removal of Causes-Federal Receivership.-
Jurisdiction of action against federal receivers of
street railway for personal injuries arising in
operation of railway by receivers, held properly
assumed by state court. as against contention re-
ceivers were officers of United States court and
cause was removable under Judicial Code, § 33. as
amended by Act Aug. 23. 1916 (U. S. Comp. St. §
1015). Hartman v. Fleming, Mo.. 264 S. W. 873.

61
Injury to Seaman. -Though, under La
Follette Act, § 20. as amended by Jones Act, § 33
(Comp. St. Ann. Supp. 1923. § 8337a), and under
Comp. St. § 8660. state court may have concurrent
jurisdiction of seaman's action for injuries, with
common-'aw right of trial by jury, as matter is
strictly maritime, where issue of vessel's unsea-
worthiness is involved the case is removable to a
federal court.-Petterson v. Hobbs, Wall & Co., U.
S. D. C.. 300 Fed. 811.

65. Reasonable Time.-Under Gen. St. Conn.
1918, § 4746, providing that all conditional sales
not made in conformity with section 4744. requir-
ing the contracts to be recorded within a "reason-
able time," shall be held absolute sales, except a
between vendor and vendee,
"or their personal
representatives," the trustee in bankruptcy of a
vendee is not his personal representative, but
under Bankruptcy Act. § 47a (2), as amended by
Act June 25, 1910. § 8 (Comp. St. § 9631), repre-
sents his creditors.-In re Sternberg, U. S. D. C.
300 Fed. 881.

71. Independent Contractor.-One
wood at a certain amount per cord, who fixed his
own time and hours of work, employer exercising
no direction or control over work. except to desig-
nate place for cutting, and not furnishing tools,
but giving him those which another had left when
quitting was an "independent contractor," not
entitled to benefit of Workmen's Compensation
Act.-Valente V. Industrial Acc. Commission of
California, Cal., 228 Pac. 667.

72. -Stevedore on Dock. Where pay roll of
respondent stevedore whose work was entirely on
land was separated from pay roll of stevedores
working on ship and his employer paid a premium
to Industrial Insurance Department for work done
by respondent which was accepted and retained.
held that he brought himself with Rem. Comp.
Stat. § 7694, making compensation act applicable
to workmen engaged in maritime occupations in
certain cases.-Scott v. Department of Labor and
Industries, Wash., 228 Pac. 1013.

73. -Fellow Employee.-Where claimant, in at-
tempting to discipline a co-employee, twitted him.
and being provoked by personal jeers and scoffs
from the latter struck him, and in so doing broke
his thumb, held that, though the employment may
have afforded the opportunity, it was not the con
tributing proximate cause of the injury under the
statutory phrase "arising out of the employment."
-Gray's Case, Me., 121 Atl. 556.

of

owner permitting intoxicated person to operate
car causing death of another, guilty
manslaughter, 3.

opinion evidence as to speed, 94.
contact of automobile with earth not "colli-
sion," 205.

wife's negligence in driving husband's auto-
mobile not imputable to him, 112, 292.
automobile driver stopping and looking for
street car then crossing without looking
again, 167.

constitutionality and construction of the
National Motor Vehicle Theft Act, 237.
violent contact with banks of ditch held cov-
ered by collision policy, 184, 222, 238.
theft by bailee covered by automobile theft
policy, 238.

hiring automobiles without drivers, 276.
collision as applied to accident insurance cov-
ering damage to automobiles, 409.

liability of father who permits minor son to
drive his automobile in violation of statute,
303.

BAILMENT,

bank is bailee of contents of safety deposit
box, 329.

BANKRUPTCY,

priority of the United States in bankruptcy or
insolvency proceedings, 136.

United States judges study bankruptcy ad-
ministration, 147.

BANKS AND BANKING,

state taxation of national banks, 56, 64.

right of national banks to establish branch
banks, 93.

relation between owner of paper and collect-
ing bank, 174.

power of state to prohibit national bank doing
business in state, 238.

power of national bank to act as executor, 265.
bank is bailee of contents of safety deposit
box. 329.

liability of bank for breach of contract to
issue check on foreign bank, 366.

BAR ASSOCIATIONS,

annual meetings of state bar associations, 32.

BOOK REVIEWS,

reviews of encyclopedias.

Corpus Juris, Vol. 22, 89.

Corpus Juris, Vol. 23, 143.

Corpus Juris, Vol. 31, 14.

reviews miscellaneous.

Alvarez-The Monroe Doctrine, 375.
Arbitration Treaties, 287.

Blakemore on Prohibition. 14.

The Classics of International Law, 232.
Clark-Departmental Practice, second edi-

tion, 250.

The German White Book, 376.

Hagan-Eight Great American Lawyers, 125.
Legal Philology-excerpts from opinions of
Judge Lamm, 178.

Losses of Life Caused by War, 14.

Outbreak of the World War, 376.

Pound-Law and Morals, 375.

Preliminary History of the Armistice, 376.

Van der Flier-War Finances in the Nether-
lands, 125.

Walsh-Outlines of the History of English
and American law, 71.

War and Armament Taxes of Japan, 89.
reviews of statutes.

Baker The Laws of North Dakota affecting
Banks, Trust Annuity and Safe Deposit
Companies, 304.

CONSTITUTIONAL LAW,

see MUNICIPAL CORPORATIONS.
anti-alien land law upheld, 37.

some constitutional aspects of prohibition en-
forcement, 113, 175.

validity of zoning ordinances, 129.

validity of statutes restricting the height of
buildings, 155.

Act of Congress extending effect of state com-
pensation laws held invalid, 165.

a suggested amendment to the Missouri Con-
stitution, pertaining to indictment and in-
formation, 183.

Act giving seamen right of action for injuries,
upheld by United States Supreme Court, 184.
Oregon school law, requiring children to be
sent to the public schools, declared Invalid,
201.

statutory fixing of weight of bread held in-
valid, 222, 309.

the proposed Child Labor Amendment, 322.
ordinances excluding Japanese from business
of pawnbroker held invalid, 331.
ordinance prohibiting rebuilding
building held valid, 339.

of frame

unauthorized acts of infant's agent, 204.
INSURANCE,

disposition of insurance funds when insured
is murdered by beneficiary, 1.

policy excluding loss while automobile being
driven in violation of law is valid, 22.

a discussion of the "incontestable clause" in
life insurance policies, 40.

passenger in airplane is within insurance
policy exception of "participating in aero-
nautics," 77.

burglary policy held to cover two buildings
connected by bridge, 77.

property covered by theft policy, 88.

murder of beneficiary as defense when policy
contains incontestable clause, 111.
automobile theft policy as covering "swindle."
132.

effect of insurer's liability for stolen liquor
based on lawful market, 133.

liability for damage by earthquake or volcanic
eruption, 142.

the "incontestable clause" and fraud, 150.
automobile collision insurance, 174, 184, 205,
222, 238, 409.

policy excepting liability while insured "riding
a motorcycle" covers death while riding in
side car, 205.

"honour" obligations in marine insurance, 209.
injury in battle as covered by accident insur-
ance policy, 255.

insurance company assuming defense of action
waives want of notice, 257.

death from typhoid from drinking polluted
water as within accident policy, 311.
non-contestable clause in policy effective
though insured dies within prescribed time.
328.

plate glass insurer liable for glass broken by
workmen while replacing broken glass, 348.
retroactive effect of amendment to war risk
insurance act, 358.

list of goods by lot not "itemized inventory"
within iron safe clause of policy, 366.
effect of death of insured within contestable
period of policy, 381.

INTERNATIONAL LAW,

liability for injuries caused by hair dye, 123.
automobile driver stopping and looking for
street car then crossing without again look-
ing, 167.

obliviousness to peril as part of last clear
chance doctrine, 132.

liability of operator of bathing beach, 186.
liability of manufacturer for injury caused by
deleterious substance in tobacco, 231.
wife's negligence in driving husband's auto-
mobile not imputable to him, 112, 292.
object rolling down hill when left on street,
404.

liability of miller for injury caused by pol-
sonous substance in flour, 406.