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on Sundays except those of an educational or sacred character. The ordinance was de clared "a futile and abortive effort and of no validity," being a reiteration of the provis ions of section 277 of the Penal Code, and violating section 44 of the charter and section 728 of the Penal Code. Trademarks. Sale of Goods in Original Packages— Police Power. N. Y. In a case arising under section 364 of the New York Penal Code, known as the Trade mark Law, the New York Court of Appeals decided May 20 that a barkeeper who sells or exposes for sale whisky which he has placed in a bottle containing a private trademark is guilty of a misdemeanor. The fact that the whisky was manufactured by the party whose trademark appeared on the bottle is no defense, for it is the purpose of the statute to prohibit the sale of goods represented to have been made by the owner of a trademark, except as contained in the original package and as put up by him. The statute in this respect violates no constitutional right of property, but is a reasonable exercise of the police power. "The enactment of statutes to prevent fraud is a proper exercise of the police power of the state, which is under the control of the Legislature. . . Legislation which interferes only to a reasonable extent with the enjoyment of property, in order to promote the general welfare, and which in fact tends to promote the general welfare, violates neither Constitution." People v. Luhrs, N. Y. L. J. May 28. See also Unfair Trade. Unfair Trade. Rights of Municipal Cor porations in Asking for Bids—Michigan Rule Adopted. Ore. The right of a city council to specify that any patented article shall be used in a street improvement, in asking for bids, was upheld by Judge Gantenbein in the circuit court at Portland, Oregon, May 10. The Court said: "Judge Cooley stated a sound legal principle when he said that in all these cases there was and is in contemplation of law opportunity for competitive bidding. The license necessary for the third person may be secured either before or after the third person has submitted his bid. If such third person has failed to
secure a license before he has submitted his bid, he then runs the risk of obtaining a license from the patentee. It is, however, apparent that his success or failure in obtain ing a license does not as a matter of law pre vent him from bidding, and competitive bid ding is not destroyed by the fact of the ar ticle being patented." Wills and Administration. Expenses of Administration Not Chargeable to Residuary Estate. N. Y. Where a testator had bequeathed general legacies amounting to $127,000, leaving the remainder of his estate in trust for life tenants, specifying the amount as $173,000, and had then provided that in case the entire estate, as valued by his executors, amounted to less than $300,000 the general legacies should abate proportionately, it was found that, the expenses of administration and commissions amounting to $28,000, there was left only about $254,000 for distribution. On the question whether the commissions and ex penses should be borne by the general lega tees or be paid out of the remainder, the New York Court of Appeals held May 11, in Matter of Frankenheimer, N. Y. L. J. May 21, that, in view of the provision for the abatement of the shares of general legatees and that the life tenants were the chief ob jects of the testator's bounty, the general rule that such expenses were chargeable to the residuary estate did not obtain and that in this case they should be charged to the general legacies. The estate being insuffi cient to pay the general legacies in full, in terest should not be allowed thereon, but the income earned by the estate during adminis tration should be distributed pro rata be tween general and residuary legatees. Women's Sights. No Discrimination in Exclusion from Saloons—Municipal Ordi nance Constitutional. Mich. A municipal ordinance prohibiting keepers of saloons from permitting women to be in or about their places of business, and from selling intoxicants to them, is held, in People v. Case, 153 Mich. 98, 116 N. W. 558, 18 L.R. A.(N.S.) 657, not to be an unconstitutional discrimination against women, or to deprive them of their equal rights, privileges and immunities.
