the bond should be given for the faithful performance of all duties pertaining to his Old’s agency, and that it should hold good, etc. This, thus, was a limitation only with regard to the business intrusted to the agent, and not upon the duties and responsibilities that might be imposed under a future agreement and appointment.We are not unmindful of the rule Invoked by counsel for appellant and as illustrated in the case of Singer Mfg. Co. v. Hlbbs,Mo. App In that case the territory for which the agent was appointed was clearly defined, and no right was there given to extend the scope of the agency. Under such circumstances, the court in that case properly held that the bondsmen were not liable for the defalcations of the agent occurring in some other place than the one for which he was appointed. Under such circumstances, the bond is limited to the place or territory for which the agent is appointed as well as to the acts contemplated by the appointment. Not so in this case. A future agreement aud appointment are expressly provided for. It would, therefore, be just as unreasonable to say that the bond In question does not extend to the acts occurring under the future appointment, as It would have been to have held In the Hibbs Case that the bond in question in that case did so extend. While counsel for respondents have not cited any case, and we have found none, which Is exactly parallel in its facts with those of the case at bar, we nevertheless think that the following cases cover and are decisive of the principles Involved and which we have discussed: N. Y. Life Ins. Co. v. Hamlin,WisN. W Singer Mfg. Co. v. Reynolds,MassN. EAm. St Rep Trav. Ins. Co. v. Stiles,App. DlvN. Y. Supp Western N. Y. Life Ins. Co. v. Clinton,N. Y All of the foregoing cases except the last one relate to indemnity bonds where the right was given to make changes in the original contract of appointment, or to make a new agreement or appointment. In view of such a right being given, it is held that the obligations of the bond extended to the acts under the new agreement or appointment. It is clearly held’ that, where the right is given to enter into a future agreement or to make a new appointment, it makes no difference that the responsibilities and duties of the agent are enlarged under the new appointment. The bond, it is held, applies to the acts under the new agreement or appointment to the same extent as it did to those of the original agreement or appointment. Every question was involved in those cases that is involved here except the change of territory, but, as this change of territory can involve nothing except an enlargement of the duties and responsibilities of the agent Old, there is no escape from the conclusion that the cases referred to above are decisive of the principle which is involved in this case.In considering all of the terms of the contract and bond in question, we are clearly of the opinion that the parties intended to extend the bond to the acts of Old which are involved in this case, and that the trial court committed np error in its findings, conclusion, and judgmentThe judgment is affirmed, with costs to appellant.McCARTY, J concurs, and STRAUP, C. J In resultWILKINSON v. OREOON SHORT LINE R. CO.Supreme Court of Utah. Jan. . Negligence OrdinaryCare.In nil cases grounded on negligence, the law imposes the duty of ordinary rare which must be exercised by both the one causing the injury ml the one sustaining it; the standard of care being that degree which men of ordinary intelligence and prudence would exercise under similar circumstances.Ed. Note.For other cases, see Negligence, Dec. Dig. i .. Railroads CrossingAccidentCareRequired.In discharging the duties imposed by law on a railroad company and a traveler at a crossing, neither party may ordinarily rely on the other, each being required to perform the duty imposed on him, and, if it is undisputed that the complaining party has not done so, he cannot recover, except under peculiar circumstances, as a matter of law,
after said day of diswge, said Frank Kelly shall be convicted rf any felony, this commutation of sentence shall become void, and, In addition to the penit which may be Imposed for said felony, he siall be compelled to serve so much of the e upon his aforesaid original convicts as be had not served at the time of his charge under these presents. In Januarythe petitioner was again convictsi of a felony upon which he was sentenced i s new term of two years’ imprisonment at Un, This term, less the credits earned si allowed under the statute, had fully expired, but the petitioner was still detained by h warden of the prison, when he commenced ;his proceeding. The return to the writ ‘jiwtthat there is no warrant for his furla detention except the enforcement of ~e condition stated In the above-quoted pror of the Governor’s commutation. The prisoner was not represented by coun at the hearing, but contended In his own Wf that the condition annexed to the commutation of his first sentence became lnoptfre from and after the th day of Sep’fcberthe date when that sentence extol by law, and when, In fact, Its expiration T regularly entered In the records of the iraon. He does not, as I understand his arcawnt, question the power of the Governor, a zrantlng a commutation of a sentence of -?risonxnent, to annex a condition subseiat, violation of which within the unsatisW portion of his term, will work a forfeltthe power of the Governor to grant pardons and commutations Is absolute under the Constitution, except in cases of prior conviction, the power to annex to a pardon or commutation any reasonable condition, prior or subsequent, is implied upon the principle that the greater Includes the less. No consideration of public policy stands In the way of this conclusion, for such action by the Governor is in perfect harmony with the policy of the parole system In force in this state, and Is a useful and beneficial application of that pol’ Icy to the class of cases In which the Governor would be willing to exercise clemency if he could exact some security for the future good behavior of the prisoner.I think the present detention of petitioner is not unlawful, and he Is therefore remanded to the custody of the warden at Folsom.Defendant’s agent wired to plaintiff an inquiry whether it would take an order for a specified number of barrels Of cement on the same terms as those, stated to a third person named, and dafertdaolrwired back an acceptance, provided the order was received in time to order that day from the mills, but further stated that the defendant was unknown and must wire reference or security, and the same day wired again, stating that on investigation, defendant’s responsibility was satisfactory, and defendant’s agent again wired, placing the order for the cement, and statins that particulars by letter would be sent. Plaintiff immediately wrote to defendant’s agent stating that the price given the third person was a stenographic error, and that the price was higher than that communicated to the third person, and on the following day plaintiff again wrote defendant’s agent that it had booked the order at the price specified in the letter of the day before. In reply defendant’s agent wired, stating that he understood the price to be that given the third person, and that he could buy it for less than the new price claimed and therefore canceled his order. Held,that there was no contract, as there was no meeting of the minds of the parties.May thMr. Chas. F. Whittlesey, Architect, Los Angeles, Sir: Referring to wires exchanged and enclosing herewith confirmation of our wires to you. In explanation of our first wire would state that In our proposition to Gen. Wentworth there was a stenographic error which, however, does not affect the results, but we thought it best to have the matter clearly understood, hence wired Gen. Wentworth and are to-dny In receipt of his answer, which is satisfactory. We will furnish you from one car up to , bbls subject to prior sale, of Atlas Portland cement delivered in car load lots
And shall take indecent and improper liberties with the person of such child, or who shall entice, allure, or persuade any such child into any room, office, or to any other place for the purpose of taking such immodest, immoral and Indecent liberties with such child, or who shall take or attempt to take such liberties with the person of such child at any place, shall be deemed a felonious assaulter, and on conviction thereof, shall be punished, If over eighteen years of age, by confinement in the penitentiary for a term not more than ten years, and if under eighteen years of age, may be punished by commitment to the State Reformatory or to the State Industrial School. From the testimony it appears that the prosecutrix, a girl between the age ofandyears, consented, or at least did not object, to the acts charged in the Information; and for this reason It Is contended by counsel for the defendant that the offense was not proven, because there can be no indecent assault upon a consenting female. The language of the statute seems to imply that there are three distinct acts which will constitute the offense. So far as the case at bar is concerned, it falls within the last, as fixed by the statute, which is as follows: Orwho shall take, or attempt to take, such liberties with the person of such child at any place, shall be deemed a felonious assaulter. The statute contains no explicit words on the subject of the consent or nonconsent of the child with whom improper liberties are taken, but it is of that character, when considered In connection with the evils It Is intended to prevent, that it is manifest the consent or nonconsent of the child is not a factor m determining the commission of the offense, under that part of the statute last above quoted. The Intention of an act Is the vital part or essence of it, and in interpreting it the legislative purpose and object are to be borne in mind. Brewer v. Harrison,ColoPac People ex rel. v. Osborne,ColoPac So that the cardinal rule to be observed In construing a statute is to ascertain the intent of the Legislature in passing It, and to this end It Is to be given that possible construction which will render it effective, and accomplish the purpose of the legislative intent, if such Intent can be ascertained and reasonably Inferred by permitted legal means. Simmons v. Cal. Powder CoColoPac Rogers v. People,ColoPacAm. Rep Murray v. Hobson,ColoPac In ascertaining the Intention of the Legislature where the words employed In a statute are not explicit. It is permissible to take Into consideration the necessity for the law, and the remedy In view, and that intention is to be presumed which is consonant with reason, and will tend to afford a remedy for the evils which It is the purpose of the law to guard against Croomes v. State,Tex. Cr. RS. WS. W The evident purpose of the law was to protect children under a certain age from those acts which would tend to corrupt their morals,consent of those included within the law is not material, because its prime object is to protect the morals of youth by punishing those committing acts having a tendency to corrupt them. This could not be accomplished if consent to improper liberties would render a person taking them immune from punishment. It is a fundamental rule to be observed in construing a statute that every law is adopted as a whole, and a clause which, standing alone, might seem of doubtful import, may yet be made plain by a comparison with other clauses or portions of the same law. People ex rel. v. Osborne, supra. Applying this rule to the statute under consideration, we find that taking the prohibited liberties by force is denounced as a crime; and, as the same section makes it the same crime to commit the prohibited acts without the mention of force, it clearly demonstrates the purpose of the Legislature to make the commission of the acts specified an offense, without regard to the consent of the child.The statute is also attacked upon the ground that It does not describe the
of heat. Kauzeroon pays to government 20,000 tomauns annually. The staple produce is tobacco, and the so-much-esteemed Shirauz tobacco grows in this district. The inhabitants are reckoned hospitable to strangers. They speak a very curious dialect, which contains many words of old Persian. There is a famous Zor Khaneh or wrestling-house here, and most of the inhabitants of the town are Pehlivans, or wrestlers. This is the burial place of the Shahzadeh Hamza, the son of Imaum Mousa, who was defeated and killed here in an insurrection against the Caliph.Our muleteers, being all Kauzeroon men, were very loth to start; and, what was still more extraordinary, they wanted to make me pay for their staying. However, neither staying nor paying suited my views, and so with a great deal of trouhle we got them off at seven. We skirted the ruins of Kauzeroon, which are very considerable, and kept near the hills, passing many water-channels and extensive ruins of villages. We had an alarm of thieves, and one of our guides saw the light of a matchlock in the distance, which made us keep near the baggage for its protection. Two hour’s slow march brought us to a causeway of about 400 yards, over a very wet morass, which was full of shrubs, and seemed to extend far on the right and in front, where it terminated in a lake. At the end of the causeway the cliffs retiring formed a sharp, high, rocky promontory and a bay, the area of which ascends gradually over a stony road, to the foot of the so-much-talked-of Kutal i Aushanek, [also called the Dokhtar. Arrived at the foot of the rock, the road seemed to terminate: the black cliff, which had before appeared not so formidable, now hung perpendicularly beetling over our heads, and seemed to bar all further progress. Dante’s rock of Purgatory The seventh Imaum of the family of Ali, supposed to have been poisoned by the Caliph Haroun Al Rashi’d in the year 183 of the Hejira.Ed.came forcibly to my recollection. The road begins, however, to ascend the face of this cliff, which is diversified with projecting fragments of rock and trees often overshadowing the road. We soon came to the place where the road is wholly artificial, being built up with buttresses, and paved and broad enough for three or four mules or a carriage, the levels and turns being as well managed as they could possibly be, considering the perpendicular and narrow space they are allowed. It is so managed as to give no alarm to the most timid traveller. I never saw such a work in any part of the East. This Simplon of Persia seemed to afford some fine views, and I purpose to myself much pleasure from inspecting it by daylight, on my return from Shirauz. At the top we crossed over to the east face of the ridge, along which we proceeded, among bushes and dwarf oaktrees, to a plateau, from whence we descended a few hundred paces to a guard-house. We arrived at half-past eleven, and stopped here about an hour to refresh ourselves and our animals; when, again mounting, we continued to descend by an excellent road into the valley of Desht i Ber, which, as well as I could judge by the light of night, seemed well wooded. It is said to be much infested with lions, as is all the country hereabouts as far as Khoneh i Zengoon. After having passed through the valley at a good round pace, we began to ascend again another ridge by a very stony road, which was carried up the slope of the mountain without much winding or any precipices. This fine road of the Dokhtar has been thoroughly repaired by Kelb AH Khan, the present Governor of Kauzeroon, and looks quiteWe met a caravan of Arab pilgrims from the East or Shiyyah Coast of the Persian Gulf, returning from Meshid.The mountains were wooded with dwarf oaks and with broom from ten to twelve feet high. The night air was so sharp as to make us long anxiously to be housed.However, we no sooner reached the top of the ascent than another summit rose beyond it. At last, continuing to ascend, we reached the caravanserai at
Decembersitotltuting the following In lieu of the former clause
No person shall be prosecuted criminally for felonies or misdemeanors otherwise than by Indictment or information, which shall be concurrent remeiia; bat this shall not be construed to apply to ases arising in the land or naval forces, tin themilitia when In actual service in iBt of war or public danger. One of person exercising the functions of the Executive, the appellation of Governora title which is specific, intelligible, and Republican, and amply sufficient to denote the dignity of the office.” In your last paper you have noticed me by the addition of ‘ His Excellency,’ an aristocratical and high sounding adjunct, which I am sorry to say has become too common among us, not only in newspaper annunciations, but in the addressing of letters, and even in familiar discourse. It is a practice disagreeable to my feelings, and inconsistent, as I think, with the dignified simplicity of freemen, and to the nature of the vocation of those to whom it is applied. And having made it a rule through life, to address no one as His Excellency, or the Honourable, or by any such unmeaning title, I trust I shall be pardoned for asking it as a favour of you, and my fellow citizens generally, not to apply them to me.” I am, &c. &c. , ” Edward Coles.”" Messrs. Brown and Berry, Editors of the Illinois Intelligencer.”The legislature of the State of New York has also passed a resolution to abolish the absurd practice of calling a Governor, ” His Excellency,” and Senators ” the Honourable.” Several other States have followed this example.Withinthree miles of Bowling Green is a mill situated in what the people term a Sink Hole.This is a remarkably large and deep cavity, into which a considerable stream precipitates itself, and disappears under ground. The road leading to Nashville passes close to it; and while proceeding on what you imagine to be nearly a level surface, you find yourself suddenly upon the brink of a frightful precipice, from which you might jump down upon the roof of the mill below.The whole country, for a very great distance round, is limestone, in which there are numerous and curious caves, of which the Mammoth Cave is the most famous. One day’s journey brought me to this great cavern, which is situated close to Green River, and is the greatest natural curiosity in the Western States. For several miles before arriving, the road passes through a chain of low hills covered with short stunted timber, and from that circumstance called by the people ” the Kentucky Barrens.”I was received by Mr. Miller, the owner of the house near the cavern, with his usual politeness and affability, and was invited to take up my abode with him as long as I chose to stay. The cave belongs to two gentlemen of Lexington, and proved very valuable during the last war, as cwt. of saltpetre were manufactured in it daily. It is very remarkable, that scarcely any persons, except those engaged in the manufacture of saltpetre, have had the curiosity to visit the place.Mr. Miller, one of his friends, and myself, proceeded, the day after my arrival, to explore this subterranean wonder. We were well provided with candles, and earned with us a small lamp, and a pot full of oil to replenish it.The entrance to the cave is situated at about a quarter of a mile from the bank of Green River, which was at one time supposed to flow over a branch of it. But I myself think that this is not the case, as very soon after entering the cave, the passage turns off in a direction leading from the river. The road from the house is very precipitous, and at the bottom of a narrow ravine, the cliffs on each side of which are about fifty feet high. Within yards of the house, and in the righthand cliff, is the mouth of the cavern.The day was extremely cold; the ground was covered with a deep snow; and a small stream that seemed to fall from the rock close to the entrance of the cave was converted into one
which, under the law, must be tried by the Senate in JanMiy Being desirous of collecting eviJsee to sustain his causes of contest before se Senate when It convenes, the plaintiff srred upon his opponent a notice to take depositions before Van B. Prather, the probate ;ndge of Wyandotte county. He then caused a snbpoena to issue for Frank M. Holcomb, wmty clerk of that county, commanding Mmto bring with him certain ballots in his a-tody, which had been returned to him Som various voting precincts, in order that neh ballots might be opened and inspected, Mr legality Investigated; that they might be counted, and for other purposes pertinentthe contest. The county clerk refused to Z-tduee the ballots, and the probate judge ifuaed to coerce him. Thereupon the plaln commenced this action of mandamus to smpel the officials named to perform the factions desired of them.In S the Legislature enacted what is SKwnas the Australian Ballot Law under ae following title: An act to provide for printing and distribution of ballots at :is public expense, and for the nomination ? candidates for public office; to regulate J manner of holding elections; and to eniTce secrecy of the ballot, and to provide ’sthe punishment of the violation of this Sectionof this law requires that the ots cast at an election shall be preservedsealed packages, which must be kept In Sclal custody for a given period of time aftthe election, and then continues as folProvided,in all cases of tested elections the parties contesting the ise shall have the right to have such bal?a opened, and to have all the errors of the -ires in counting or refusing to count any ilijts corrected by the court or body trying contest: but such ballots shall be open- only in open court, or in an open session ? saeh body and in the presence of the offlsr Saving the custody thereof. Laws , r, c This provision has been carried Srward in the process of amending the electa laws LawB , p c Laws MLp c Laws , p c. s; Laws , p c now appears a a part of section , chapter , p. C, &, and seems to bar the way to the -fSef which the plaintiff seeks. If the seals uaa the packages of ballots in question can – aroken only In open court, or open sessionought not to permit It to be done elsewhere, and the probate judge has no power to compel It to be done elsewhere. It is argued, however, that the title of the original act ofis not broad enough to indicate the Inclusion In the body of the act of the provision quoted, that the titles of the various amendatory acts referred to are so framed that the validity of the matter assailed depends upon the scope of the title of the act of , and hence that the provision Is void under section , art of the Constitution, which requires that no bill shall contain more than one subject, which shall be clearly expressed in the title. It Is well understood that the constitutional mandate thus Invoked will not be interpreted in any narrow, technical, or Illiberal spirit. It relates to substance and not to form. The purpose of a title is to direct the mind to the contents of a bill or of an act, so that members of the Legislature and the people may be fatrly Informed, and not deceived or misled as to what it embraces. Although the subject of an act must be single, it may be very comprehensive, and may therefore extend to and include any number of pertinent legislative details; and any phraseology by way of title, which clearly Indicates the subject to which all such details may properly relate, will be sufficient.In framing the title to the act ofthe Legislature ought to have expressed the subject of the law in one general statement, Instead of giving a partial synopsis of its contents. Very clearly, however, the title Is not in fact plural. The topics enumerated are not distinct and Independent, much less Incongruous, subjects of legislation. A ballot law Is disclosed covering the cognate matters expressly alluded to and all others intimately connected with or by nature germane to them. Doubtless the recital in the title of certain specific subheads of the general subject of the act limits
Spenalty tne penal laws of this state, and who shall voluntarily permit or suffer such Th’fn’r Pr’soner or offender to escape and go at large, such sheriff, coroner, jailor, constable or other person so offending, shall on conviction thereof, be fined in a sum not exceeding one thousand dollars, and imprisoned not exceeding one year, at the discretion of the court. Oppression and { 34. That if any sheriff, coroner, recorder, jailor, clerk or constable, by fraud of sheriff, color of his office, shall designedly, wilfully, or corruptly attempt to injure, deand others. fraud, or oppress any person or persons ; or if any sheriff, coroner, recorder, jailor, cleric or constable shall designedly, wilfully or corruptly injure, defraud or oppress any person or persons in the execution of his office, such sheriff, coroner, recorder, jailor, clerk or constable, shall be deemed guilty of a misdemeanor and malfeasance in office, and on conviction thereof, shall be fined in a sum not exceeding one thousand dollars, and be disqualified from holding any office of profit or trust in this state, for any time not exceeding one year, at the discretion of the court.I)35. That if any judge, justice of the peace, clerk of any court, shefiff, constable, attorney or counsellor at law, shall encourage, excite and stir up any suit, quarrel or controversy, between two or more citizens of this state, whereby suoh citizens shall be injured and defrauded in 6aid suit, quarrel or controversy, such judge, justice of the peace, clerk of any court, sheriff, constable, attorney or counsellor at law, shall be fined in a sum not exceeding five hundred dollars, at the discretion of the court. Destruction of { 36. That if any person or persons shall wilfully, unlawfully or malifruit trees, &c. ciously cut down, demolish, or otherwise damage or destroy any fruit trees, .fence, doors, windows, house or bouses, stable or other building ; or destroy any crib or stack of hay, corn, wheat, rye, barley, oats, grain or other property ; or shall unlawfully and maliciously kill or destroy any neat cattle, horse or horses, sheep, or live stock of any person or persons, such person or persons so offending, shall, on conviction thereof, be fined in treble the value of the property so destroyed, and shall moreover be liable to the suit of the party injured.5 37. That if any person or persons, by any false pretence or pretences, shall obtain from any other person or persons, any money, goods, merchandize or effects whatsoever, with intent to cheat and defraud such person or persons of the same, or shall fraudulently make and transfer any bond, bill, deed of sale, gifts, grants or other conveyances, to defeat creditors of their just debts and demands, such person or persons so offending, shall be fined in a sum not exceeding one hundred dollars, at the discretion of the court.$ 38. That if any person shall unlawfully assault or threaten another in a menacing manner, or shall strike or wound another, the person so offending Bhall, on conviction, be fined in a sum not exceeding five hundred dollars, andquarrels.Swindling, andfraudulent,transfers.Assault andthe court before whom such conviction shall be had, may, at their discretion, cause the offender to enter into a recognizance, with surety for the peace and good behavior for a time not exceeding one year, and moreover be liable to the suit of the party injured.$ 39 That if any person or persons shall abuse any judge, justice of the Abuse of judgpeace, resistor abuse any slieriff, constable, or other officer in the execution of es, &c. and rehis office, the person or persons so offending, shall be lined in a sum not ex- sistance to ceeding two hundred dollars, to be recovered by indictment in any court sheriff, &c. having competent jurisdiction .thereof, and find sureties for the peace and good behavior for a term not exceeding one year, and on neglect or refusal shall be committed to the common jail of the county.} 40: That if any person or persons, shall forcibly and knowingly rescue, Rescue, or free from arrest or imprisonment, any person lawfully arrested or
