Recent Legal Decisions. STREETS — RAILWAY TRACK—DAM- AGES TO LorT-OwNERS. ~The owner of lots on a street in Denver, upon which he had erected a hotel and dwelling- houses, sued the Union Pacific Railroad Company to recover damages for the injury to his property by the laying of its track in the street. This track was put down 18} feet from the pavement and above the level of wagons could not freely pass to and from the houses. The company set up as its defense that the track had been laid by virtue of an ordinance which granted it the right of way through the street. The plaintiff recovered a judg- ment for $1850 in this case— Mullandin vs. Union Pacific Railroad Company in the United States Circuit Court for Colorado, Judge Hallett, in the opin- ion, said: ** The right and interest of the plaintiff in the street in front of his property is secured to him by section 15 of the Bill of rights of the State Consti- tution, which ‘that private property shall not be taken or damaged for public without the street, so declares or private use just compensation.’ It has been said that property cannot be * taken’ within the meaning of that provision except by an appropreation of the land itself, but uno such limitation is applicable to the The benefi- cial use of plaintiff's estate embraces the clause relating to damages. right of ingress and egress, which ean- not be withdrawn or obstructed without substantial damage to it. The the street is therefore a right of prop- erty in plaintiff, which, if isnot ‘taken,’ is certainly within the meaning of the Constitution, by the act of defendant road through that street.’ use of ‘damaged,’ in building its PATENT—ARTICLE NOT MARKED— VERBAL NOTICE.—A compound which had which there was prepared another patentee for The defendant relied upon the absence of the patent-mark as his defense. On the trial of the case— New York Phar- miecal Tilden, in the United States Cirenit Court, 8. D., of New York al- lowed to prove that verbal notice of the the thereafter to been patented, but notice of that fact, upon no was by sued person, and the an infringement, Association vs, the complainant was ssuing of the patent was given to defendant, make, who continued use and sell the Wallace, in gi a decree said ; 4900 United declares that no componnd, fudge ving the com- “The statute, plainant, Section States Revised Statutes. damages can be recovered in a suit for the infringe- sient of a patented article when the stamp 18 not on It, except upon proot that notice of the infringement riven, and there was a continued mak- Was ing, using and vending of the article, It has never been decided re- ported ease brought to my attention, in any whether the notice contemplated by the statute is a written notice, or whether + verbal notice is sufficient, This ant was July notified, and then contin- ued to infringe, and therein differs from datutes which have been the subject of judicial construction upon the method of notice. tars, does not relate to a notice in the course Not only does it not require, ‘notice to be given,” but it of legal proceedings: therefore, as the sufficient notice prescribed includes a of patent was granted, it is reasonable to conclude that any verbal written, which tion will be sufficient.” specification the time when HOLICe, Li] includes this informa- ATTORNEY AND ULIENT-—SUBSTI- FUTION OF ATTORNEY CONDITIONAL FEES ATTORNEY'S LIEN. — A motion was made for 4 substitution of solicitors in the case of Wilkinson vs. Tilden, in the United States Cirenit Court, South- ern district of New York, and it Was resisted on the ground that the solicitor of record had made disbursements in the suit and that his fees were to be paid to him only upon the condition that be succeeded, Judge Wallace, in granting the motion, attached to it the following conditions : First, That the disbursements should be paid, Second. That the lien for fees should be. pres- swved and the proper compensation paid out of any successful result. He said the general right of a client to change his attorney at his election is univer sally recognized by the authorities, This right is indispensable in view of the delicate and, confidential relations which exist between attorney and client and the peril to the glient’s ivterests engendered ‘by friction and distrust, But applitation mms bé made to the Court for an order fo preserye regularity in the conduct of suits, and it ‘will hold the client to fair dealing and refuse assistance to any atiempi to take ad- vantage of one of its ofMcers, RAILROADS—OBLIGATION TO UPEI- oF EMproYes. ~The order of Judge Haight was made at 4 special term of the Supreme Cowt of New York last summer, quashing the petitions and orders to show cause why.a peremptory mandamus should not issueto compel certain railroad companies to receive aud deliver promptly all such freight ii and other property as might be offered to or received by them for transporta- rates, The suit was that of the people, upon the relation of the Attorney General, against the New York Central Hudson River Railroad Company, and the New York, Lake Erie and Western Railroad Company. The complaint alleged that these roads bad uniformly delayed and sometimes peremptorily refused to receive and deliver freight and to transport it, thereby causing great loss to the people of the State, for and damages ; and that the trade and com- merce of the city of New York greatly injured by this conduct of the railways, The ground upon which the defendants relied their motion to quash was that they were unable to re- load and discharge freight efli- ciently, because they were compelled to Was on celve, employgunskilled men, as their freight had refused to work for their pry of 17 cents®an hour, demanding 20 cents an hour, which sum they refused On the hearing, against the objection of the counsel for the people, to handlers to pay. the defendants were allowed open and close the argument. An appeal was taken to thé General Term of the Supreme Court, who re- versed the decision of Judge Haight in every part. Judge Davis, in the *The question on the opin- facts shown in the papers before us is this) Can railroad corporations refuse or ne- to } i upon a controversy with their employes ion, said : glect perform their public duties over the cost and expense of doing them ? We think this question admits of but oneanswer; theexcuse has inlaw no validity ; the duties imposed must be discharged at whatever cost ©: they cannot be laid down. or abandoned. or suspended without the legally expressed consent of the State. Railroads are in every essential quality publie highways created for public use, but permitted to trolled and managed by But for this railroads of the respondents could Their depended upon the exercise of the he Ow nexl { ont private persons. quality not lawfully exist, right of eminent domain which bs longs to the State in its corporate be ferred exes The its charter and cannot pitblie nse corporation takes upon it the trusts imposed by it; COMes an ft he State t public ihe case with re gard to other public highways fact that individuals may have for leprive the remedies the damage does not « State of i a mandamus, The right necessary to brine a g Corporation readiness to doubted, condition of perform functions is not strangely illogical to assert that the acts for which the was created The quashing of the tion was a novel proceeding, n is taken by its of process, not the Courts in disposing WT in deciding appli- cations to obtain them. and the argument, he being the party, is not to be questioned.’ — Phila, Reeord, i ———— An Ounce of Prevention. Sometimes an ounce of prevention is worse than a pound of disease, One day last week the children came run- ning in, shrieking that a big hawk was cireling the poultry yard. Old Farmer Thistlepod dropped his paper, caught his trusty gun from the rack, and charged for the poultry vard. He ran right over a bee stand just the other side of the cypress bush, and was stung in thirty places before he jumped over the fence of the poultry yard, alighting upon the old black hen that was brood- ing thirteen chicks, breaking her neck and mashing five hapless ‘‘weetles;" the gun caught in the fence as he jumped, and went off, killing a young turkey, and filling the Durham heifer in the meadow nearly full of buckshot ; while the bawk, alone calm and self- possessed in the midst of the tumult and confusion, sailed gracefully away with the one spring chicken he hld all along intended to levy on. A A over It was election time, and little Glynn okeard so much talk about men wh were running for office. One day, his mother, noticing him run from one place to another, asked, What are you playing now, Glynn ¥" “Oh, T am not playing at all, I am run- ning for office,” at Experiments recently made in best method of preserving manure, lute under cattle three months or more in specially constructed deep stalls was found in every case, as compared with that of ordinary manure heaps, in a more workable condition, the ammonial salts were better preserved and the use. ful ingredients were present in greater proportions, Restful Reflections. Wanted to know-—what interest views pays distance for lending him enchantment, *1 have not loved lightly.” as the man said who married a three-hundred- pound widow, “None but fair” the live the brave deserve and none but the brave can with some of them. A greedy man should wear a plaid waist-coat, 80 as always to keep a check on his stomach. It house, because his gait is feeble, and his locks are few, The fellow slept “the cover of night’’ complains that he came is easy to break into an old man’s who under very uear freezing, A crusty old bachelor says he thinks it is woman, and not her wrongs, that ought te be redressed. Why are poultry the most profitable stock to keep? for grain they give a peck, Because every The way to make time pass quickly and get knocked into the middle of next week. What cock inculcate ¥ "Tis vain to a-spire, We frequently of a steps, but we have never to discover where they fly to. Fiise a row does a weather- steeple continually moral lesson on a church flight of vet been able hear An extraordinary surgical operation was lately performed, which killed the patient. The physician is doing well ! improvident but A provident, and man-—the baker : he kneads much, yet sells everything he kneads himself, An could really believe that crocodiles shed old Greenland seaman said he tears, for he had often seen whales’ blubber. dum than tiat humorous It is said short, py pes are more long. folks, on the ground that brevity is soul of wit, lady, says she has 8 face it was remarked society, there need be no feat the pledge What the - difference between is tail? One is rooted to the and Spot, It wasn't such a bad notion on a glover who hung up in shop the follow placard : “‘Ten §i immediately, ng wanted The before man who always leaves church IV IOe ancient” single lady, said she was fearfully and wonderfully maid.” horn with mad “1 had rather not take a your,’ said the toper to the One or the other : up or shut up” with the umbrella. Important discovery : A bad shot: “I aim to tell truth.” “Yes,” interrupted an quaintance, ‘and you are probably worst shot in America,” the A marine disaster : Yes," said the a very expensive trip this time, fully.” Exceptions prove the rule; ** If you attempt to squeeze any solid body ceptions which prove the rule, Notable case of stupidity : runt sign on Washington street reads : “A cup of coffee two and five cents.” Health Hints, PAINLESS CURE FOr WARTS. Drop a little vinegar on the wart and cover it immediately with cooking soda or saleratus ; put on as much soda as you ean pile on, and let it remain ten minutes, Repeat several times a day, and in three days the wart will be gone, A good remedy for corns also, Women’s HEALTH. — Eminent med- ical authority is given for the state ment that for life for men are, on the whole, better in this coun- try than in England, the would doubtless prove true as regards women were like comparative tics available, it and middle clusses the chances and same statis On the subject of diet, that, among the of the larger New England cities, the diet could hardly be worse, and is a most potent and pre- of ill-health, People fill themselves with “unassimilable abomi- is asserted lower valent source nations,”’ shatter their nerveus system by excessive tea<drinking, and dyspep- sia with its the Nevertheless, ™ attendants is result, the outlook encouraging than twenty-five years ago, ResreECcT THE Bopy.--A in the Health and Home has some sensible not less writer ideas on the subject of bodily health. He says: (Give it Don’t pierce its ears, strain its eyes, or pinch “Respect the body, what it requires, and no more. its feet ; don’t roast it by a hot fire all day, and smother it bed don’t put it in a cold under heavy covering at night : draft slight nurse or pet it to on occasions, and don't death ; don’t dose it withdoctors’ stuffs, and, above al tum it nto let it be ‘warranted from the a wine cask time your Possession Resoect the OVEerwork., over never debase it. but when you are dons f CHE % asi is YOuIi v 4 jump i find it a most excellent thing ler §+ } wr ¥ especially in the country.” on “Width av the Dure.” board sawed off. Mr. Don- thet Lhe hie “1 want a plece av a a few friends at aad levy, “We'd achristenin’, and the loy ie do you “How cut 7 asked the « “The width av ‘ the Wid want arpenter,” the dure, av course,’ “And how wide is the door *"' “Well, it's as wide as a chair is | Ye kin inst lave a chair across fits as though it wur matched “But all chairs are not the same size,” “Aw, thunder and teuf! ver thicker r headed nor a railroad spike ; the chair comes up jist even wid the edge of the windy sill." “But how high is the sill 7° asked Chips, “Bother the badgering tongue 0’ ve, Mr. Donlevy, It's only the higher than the rain wather barrel that stands outside, an’ if ye can’t make it from that ye can’t have the job, and I'll take it to some carpenter that under stands his business and knows the meas. find a man av your craft that has half he sinse ye wur born wid ?"’ And he had to go find one, a ——— Arsenic e Complexion. it is necessary to raise a warning ory against a most mischievous statement which has recently been circulated, and for coffee seven cents’ is queer, “I pass,” the Greek : tion : “Now, then, Eipass. Soph (remembeaihg last night's studies “I make it next.”’ (He goes it alone before the faculty.) A matter of multiplication : Teacher we “Why, how stupid vou are, to be gure! Can't multiply eighty-eight by twenty-five ? I'll wager that Charles can do it in less than no time," Pupil “I shouldn't be surprised. They say that fools multiply very rapidly nowa- days.” The nice praver rug: “Now, pa want that prayer rug right away,” said a vivacious young miss. ‘Prayer rug ? Now, what earthly use is a prayer rug i complexion.” It is not difficult to No more ingeniows device for recom. mending a drug can be hit upon than that which the authors of thisx most baneful prescription of “arsenic for the complexion’ have adopted. Suffice past chemists and sanitarians have been laboring to discover means of eliminat- ing the arsenical salts from the coloring matter of wall papers and certain dves once largely used for certain articles of clothing. It is most unfortunate that this hope lessly antagonistic recommendation of arsenic to improve the complexion should have found its way into print, Those who employ the drug as advised. and there are many either already using it or contemplating the rash act will a ’ Reverence for Wild Animald The poor peop e of Biberia Have great deal of genuine reverence for f wild animals with which they are ed stantly surrounded, and from wh they are always suffering to a grea or less extent, The wolves and bes they especially fear, for these anim in the winter-time are unusually bd and Not unfrequently th have been known, driven to tremities by the pangs of hunger, make a raid upon the smaller villag They seem to know by instinet wh it is safe to attuck and where not. TH are rarely ever seen in the vicinity the larger towns, and never venture enter them. The the smaller settlements, they delight to p fierce, when smaller villages, and upon, and truth to tell they are ger ally pretty to before them, temporarily at least, ; to escape with unscratched skins, able scatter everyhd the case of the bears they are usug or at the prowling about two the nig mn found alone, most gether, in what many seeking whom or devour, In whe the of their ravages are scant and inadequate, the they places Means defence against vilagers, when they hear bruin prowl- ing about the village and pushing his nose against the doors of their houses and huts, considerately throw refuse out In this way his hunger is not and meat into the street to him. unfre- quently appeased, and he goes AWAY without doing further damage. jut the objection this be that 13 and becomes a visitor warfare is that the bear attached treats him so well. 8O0N very COMes the locality too frequently for the of compelled After gets to be mond and en- thus perf ree to be his en- comionrt Jovment those who are as it Were, 4 leriainers awhile the business onous and some means at last are devised ravenous appetite by for } } ORER A Medical Opinion of the Electric Light. s Ue electric DECOInes, soon become, the common illu SEYS Lhe should be of mitiga- intensity, levise some mode ; its peculiarly unpleasant The vibratile Impulse of. the electric fi the viously stronger than ninal elements of the optic bear without apply the ad- F4** & 1ierhit Hi WO IRENE. retina can Are wont to anc "s d their significance makes them pecu- lich larly appropriate. The electric light is The the instroke too hard ; it needs to be softened. waves of motion are too short, and outstroke—s0 to say-—joins the might } angle. This by aL oo t# an acu obviated doubtless employing i suitable material for globes, and shades, ut perhaps the best plan would be ¥ i by reflection. If a small convex re the light in the protecting globe, and of larger above it, 80 as to secure a double reflection with ultimate divergence downward and out- one dimensions ward, the effect would be to cause the “rays’’ of light to fall obliquely on all objects within the immediate area of illumination. This would, perhaps, obviate the need of colored glasses, which the promoters of the electric light seem to dislike. Certainly there is » considerable sacrifiee of power in the use of the opaline globe—so much indeed, that some of the districts light- ed by electricity displaved through this medium do not present any obvious superiority over gas. Something must | be done, for, as it is, the electric light | is‘‘trying to the eyes,” which means | that it is in danger of injuring them, and, already, there is reason to believe, | mischief has been wrought by its use, For true comfort there is nothing like the light given by the old-fashioned . pure wax candle, mA —— The Bible in Japan. Recent letters from the agent of the American Bible Soclety in Japan oon- vey intelligence which is indicative of the mapid progress of Christianity in that empire, It is to the effect that a number of Japanese Christians had pre- sented a formal and earnest appeal to be allowed an active part in the work of translating the Old Testament. They speak of the translation of the Bible as a great work and far-reaching in its consequences ; of the blessings which had come to them through the It is for a heaven. Now what use at all, pa, dear, ly purpose I want it, pa.” able, however, it will be the duty of medics] Cen to warn the public against those circumstances ? tough acquaintance on some folks, obscure cases ready published and widely circulated ; of the severe evils which would ensue if the remaining work was net wisely of many differefit Sebolars work- ing apart, They Jtherefore submit a ries, that the Chinese eat these things, But it is true. We saw a whole pupp: stewed in a kettle. We saw a table full of men satisfying their hunger with dog meat, and they ate with a hearty relish, We saw cats and pups in cages for sale, The dishes looked savory, and the price of a meal was ‘dog cheap,” and rats hung up for purchasers, but we did not in “bow-bow*’ steak, or indulge any soup, or We The Celes- feline rodent pot-pie, weren't hungry just then, tials will tell you “‘rat number one good eatee ’’ and show you rats skinned. rats salted, rats dried, up by the If you the article th- the hung rats tails and rats strung on strings. doubt the genuineness of show vou proprietor will meat with the hair and tail attached for indentifi- cation, Cat meat is said to | and Pup- ally preferred ; apt to Hack cats are supposed be a fine tonic, rat i good for bald-headed men pies and kittens are gene old dogs and Tom cats be ale rather {4 ugh, to be more nu nis than white ones hence the follow advertisement seen in a shop window “Black cats served hot at all hours ; also snakes, rats and dogs.” -—t= Small Jokes. * What's the man velling at ?'’ asked “Why,” chuc- he’s yelling at the the farmer of his boy. kled the youngster, * top ef his voice, The Alabama Planter complains that its little garden patch was unprofitable The the the neighbors’ last season : ale ate snails up the the cats ate up the 'W in search eal up the cats.” item Why is the straw ? 1 hope madam is not Monsieur, only in bed ndead ! and ** The fact is, Mon- sieur, she has lost two of her favorite carriage bear to cucumbers ; chickens up snails : chickens, and we are ne of something that will A Parisian before the house Hh." “Xo, no. the not last three days.’ ill you say *"’ horses, and cannot hear the sound of wheels," A cool young gent, all of the modern days, entered a menagerie with a cigar in his mouth, the proprietor politely requested the visitor not to teach the other monkeys bad habits. The young man proved himself equal to the occasion by producing his cigar-case and saying, “ Try one.” when “How had you the audacity, John," said a Scottish laird to his servant, “to go and tell some people that I was a mean fellow and no gentleman 9 **Na, na, sir,” was the candid answer ** you'll no eatch me at the like o’ that, I have kept my thoughts to mysel’." ** Anything new or fresh this morn- ing ¥' a reporter asked in a railway office. ** Yes,” replied the lone occu- pant ofsthe apartment. * What isit ?”’ queried the reporter, whipping out a note book. Said the railway man, edging his way towards the door: “That paint you are leaning against. ** The railway man is now in the hospital, and the reporter is in jail." During the Mexican war ome of the generals came up to Captain Bragg and said, ** Captain, the crisis has arrived ; fire I" Whereupon Captain Bragg said to the leutenant: “You hear what the general says fire I” The lieuten- ant said : “But, Captain, 1 don't see anything to fire at “Fire at the crisis I" said Captain Bragg. Ruskin observes that as a rule women have no eve for color. This explains why a woman is obliged te spend three-quarters of a day in getting the exact shade of ribbon to trim w dress, while when it comes to mending her husband's pantaloons she seems to think that a yellow patch is just the thing to mateh black broadeloth. — Norwich Bulletin, ———————— A good old Quaker lady, after listen. ing to the extravagant yam of a person as long as her patience would allow, said to him : “Friend, what a pity it's A Sin to lie, when it seems 50 neces y- to thy happiness I"
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