532
The Green Bag
practices are habitually carried on is a dis orderly house." The court of last resort further said: "Nor do we think the suggestion sound that the taking of usury is not unlawful because the statute does not prohibit the borrower from "Where the duty of knowing exists igno it. If it is, then the sale of liquor rance due to negligence of duty creates the paying without a license is not unlawful, although same liability as actual knowledge and fail prohibited by statute, for there is nothing in ure to act thereon. Where trusted officers the statute which imposes any penalty on a cause loss the directors who trusted them, person who purchasesliquor from an unlicensed and therefore neglected to exercise the care vendor, or which forbids any one from so a reasonably prudent man would exercise in purchasing." his own affairs, cannot escape liability if Evidence. See Procedure. such care would have avoided or lessened the Indiana. Government Cannot Bring Suits loss." on Behalf of Indians Granted Citizenship— The Court held that if directors see fit to Oklahoma Lands. N. Y. intrust the business of the corporation to Judge Ralph E. Campbell of the United officers and employees, they assume the re States Circuit Court for the Eastern district sponsibility, and may be held responsible for of Oklahoma rendered a decision late in August the acts of these employees. sustaining the defendants' demurrers in the Criminal Law. See Bill of Rights. Oklahoma Indian land alienation suits. The Defamation. Letter Asking Bank to Press a action, which was brought by the govern Creditor's Claim and Slurring Character of ment to recover land for Indians, was ordered dismissed. Titles obtained from the Indians Plaintiff not Privileged. Ala. before the act removing restrictions went into A caustic letter resulting in the libel suit effect are good, decided the Court. The land of Ferdon v. Dickens, 49 So. Rep. 888, was involved is worth millions. written by a creditor to a bank, instructing Judge Campbell, in his decision, insisted it to present its claim to plaintiff, and if it that the act of Congress conferring statehood was not paid to turn it over to a justice of the on Oklahoma, including old Indian Territory, peace with instructions to sue. It was claimed conferred citizenship, both state and national, that the letter was a mere instruction from a upon all members of the civilized tribes principal to an agent to institute attachment Thereby the government relinquished guar proceedings against a debtor, whom the dianship, and had no right to sue for the pro creditor had probable cause for believing to tection of the Indians any longer. About two have left or to be about to leave the state, for million acres of land are involved in the deci the purpose of defrauding his creditors. The sion. Court held, however, that the letter was not Intoxicating Liquors. Constitutionality of written to an agent. The mere dictation of such a letter and its subsequent signing and State Prohibition Law Upheld Except as Re gards Interstate Shipments. Tenn. mailing was a sufficient publication to sup The act of the last Legislature of Tennessee port the action for libel. The circumstances attending its writing and publication did not prohibiting wholesale as well as retail sales of liquor in the state of Tennessee has been bring it within the class of privileged com upheld in all of its provisions, except as re munications. gards sales for shipment outside the state, in Disorderly House.1 'Loan Sharks May be an opinion handed down in the Chancery Reached by Indictment for Keeping Disorderly Court by Chancellor T. M. McConnell. This House— Usury Statutes. N. J. is the first decision reached by any court in In State v. Martin, recently decided by the Tennessee as to the constitutionality of the New Jersey Court of Errors and Appeals, state-wide prohibition law, which became where an indictment against the prisoner, who effective in July. The Court holds that was manager of the Loan Company of Trenton, interstate commerce laws take precedence of was found charging him with the keeping of state laws in the matter of shipments outside a disorderly house, it was held that "it must the state. The case will doubtless be taken be accepted that any place in which illegal to the state Supreme Court. stockholder, against the directors. The action was tried at Saratoga early in the summer. The Court held the directors personally responsible for the severe losses which had been due to some remarkable loans, saying:—
