Page:The Green Bag (1889–1914), Volume 24.pdf/612

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Latest Important Cases Constitution, Jews and Christians were made equal before the law, and Jews ever fought for ' the law of the land ' and its protection, on the field of battle, at the polls, in the legislative assembly and .from the bench of the courts of justice.' Taxation.

See Royal Prerogative.

Trade Disputes (British Act.) "Trade Unions and Trade Disputes in English Law." By J. G. Pease. 12 Columbia Law Review 589 (Nov.). "Thus the Trade Disputes Act has not only

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placed trade unions super legem but has given to all persons acting in contemplation or furtherance of a trade dispute immunities from civil and crim, inal proceedings which are denied to persons act ing in furtherance of other objects, political, social, charitable or personal. The law has indeed changed since the day when a very learned judge [Crompton, /., in Hilton v. Eckersley (1855) 6 E. & B. 47, 53] could say that he thought trade unions were 'illegal and indictable at common law as tending directly to impede and interfere with the free course of trade and manufacture.'" Stare Declsls. See Due Process of Law.

Latest Important Cases Admiralty. Liability for Claims arising from for the satisfaction of claims, but the Supreme Loss of Vessel at Sea — Constitution of Federal Court held otherwise, and the law has been Statute. U. S. regarded as settled in this respect. Lawyers for claimants, however, are prepar A preliminary step in the adjudication of the death claims arising from the sinking of the ing to contend that the ship's loss was due to the Titanic was taken in the federal District Court negligence of the captain or crew with the "privity or knowledge" of the owners, which for the southern district of New York, in a rul ing made by Judge Hough Oct. 7, on petition of would make the liability unlimited. the Oceanic Steam Navigation Company, Ltd., Bankruptcy. "Place of Business" of Clerk on to have the gross liability of the company for Small Salary — Jurisdiction. U. S. these claims determined. The petitioners set up A "place of business" within the meaning of the contention that there should be no liability, Section 2 of the National Bankruptcy Act was or if they were overruled, that it should be thus explained by Judge Mayer in a decision of limited to the value of the salvage, consisting of the United States District Court of the southern fourteen lifeboats, and the money collected for district of New York (Matter of Lipphart, Oct., the transportation of passengers and freight. 1912) : — Judge Hough granted an order appointing "Section 2 invests the District Courts with Alexander Gilchrist commissioner to receive jurisdiction to 'adjudge persons bankrupt who claims, which must be filed by Jan. 14, and Henry have had their principal place of business, re W. Goodrich a commissioner to appraise the sided or had their domicile within their respec value of the company's interest in the steamer tive territorial jurisdictions for the preceding and the money received for the voyage. These six months or the greater portion thereof. . . .' are estimated at $91,805, and if the limitation While there is not any uniform rule of conduct, asked for is granted, after hearing and argu it may be said that people generally contract ment, that will be all the victims can claim in their debts where they live or where they do the aggregate. This is on the assumption that business. The debts contracted at the place of the court does not decide that the company has residence or domicile are usually of a personal no liability. character having to do with purchases for per The law applying to the liability of carriers sonal use or the household, and ordinarily a by sea is that the carrier is liable only to the person living in one place and employed in extent of the salvage, while his loss of the vessel another does not contract debts in the locality may be compensated by insurance, and his lia where he is employed. It seems to me that it bility is not affected by the amount of insurance was intended, among other things, by the he collects. The liability is thus limited under Bankruptcy Law, that these proceedings should, a statute dating from 1851, section 4283 of the as far as practicable, be carried on in the juris United States Revised Statutes (4 Fed. St. Ann. diction most convenient to all concerned. The 839). At common law the liability was unlimited. debts of a clerk on a small salary would, most Twenty-five or thirty years ago the point was likely, be owing to the tradesmen doing business raised that the insurance collected was available in the place where he lived. I think that a