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WITNESSES.

1122

sumers.

Lake Erie with the Hudson river, is a navi- ! provides for an equal division of the rogable water of the United States as contra- mainder “between my brothers Edwin and distinguished from a navigable water of the Charles children.” McIntire v. McIntire, state. Perry v. Haines, 73

369 2. The power to regulate the rates at which water shall be furnished to consumers in a municipality, whether furnished by fense growing out of a transaction concern.

1. Exemption from prosecution for an ofprivate persons or by the municipality itself, was included in the authority conferred ing which a bankrupt testified before the ref.

eree in bankruptcy is not given by the pro by Ky, act of June 14, 1893, § 3290, on a city of the third class, to provide the city (30 Stat, at L. 548, chap. 541, U. S. Comp.

vision of the bankrupt act of July 1, 1898 and its inhabitants with water service by Stat. 1901, p. 3424), § 7, that “no testimony contract or by works of its own, and to given by him shall be offered in evidence make regulations for the management there

against him in any criminal proceeding." of, and to fix and regulate the prices to con

Burrell v. Montana, Owensboro v. Owensboro Waterworks Co.

217 2. The immunity extended by the act of

February 4, 1887 (24 Stat. at L. 379, chap. WILLS.

104, U. S. Comp. Stat. 1901, p. 3154), to reg. 1. A holographic will of an illiterate tes ulate commerce, as amended by the act of tatrix is not conditional, although beginning February 11, 1893 (27 Stat. at L. 443, chap. "I am going on a journey and may not 83, U. S. Comp. Stat. 1901, p. 3173), from ever return. And if I do not, this is my prosecution or forfeiture of estate because last request,” where the objeets of her boun. of testimony given in pursuance of the rety were a church and her adopted son, and quirements of the law, satisfies the guaranshe concludes her will with the statement ty of the 5th Amendment of the Federal that all she has is her own hard earnings, Constitution against compelling witnesses to which she proposes to leave to whom she furnish evidence against themselves. Inter. pleases. Eaton v. Brown,

730 state Commerce Commission v. Baird, 860 2. The children of the brothers of an illiterate testator take per capita, and not WOMEN. per stirpes, under the residuary clause of a Excluding Women from Saloons, 800 will in which, after making a bequest to

CONSTITUTIONAL LAW, 38 carteia "popbews and nico," the testator

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