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4 Case & Com. 1 (1897-1898)

handle is hein.journals/cscmt4 and id is 1 raw text is: Case and Comment NOTES OF RECENT IMPORTANT, INTERESTING DECISIONS INDEX To ANNOTATION OF THE LAWYERS' REPORTS, ANNOTATED LEGAL NEWS NOTES AND FACETIE YoL. 4 JUNE, 1897 No. 1 CASE AND COMMENT Monthly. Subscription, 50 cents per annum post- paid. Single numbers, 5 cents. THE LAWYERS' CO-OPERATIVE PUB. Co., Rochester, N. Y. New York.177 Broadway. Branch Offices: Chicago, Rand-McNally Bldg. (Boston, 10 Tremont Street. Entered at postoffice at Rochester, N. Y., as second-class mail matter. Jeopardized Religious Liberty. Concerning the conviction of Commander Booth Tucker of the Salvation Army for keep- ing a disorderly house, he says in the War Cry: The verdict is an extraordinary one. In the light of future history it will be placed on a level with some of the strangest perver- sions of law ever witnessed. A new offense has been created by the action of the jury which jeopardizes the religious liberty of tens of thousands of the best citizens of the United States. If he can show that the verdict was wrong on the facts, and that there was in reality no unreasonable disturbance of the hours of sleep, he may justly claim to have been wronged by the conviction. But if it was true, as the jury found, that the occupants of the place were in the habit of making an unreasonable disturbance of the neighbors' rest during proper hours for sleep, the place was justly called disorderly, and the convic- tion was a righteous one. Doubtless the Salvation Army was too wide awake to think much about those who wanted to sleep. Enthusiastic people who make the night lively, 'whether with hallelujahs or other- wise, are quite likely to forget that there may be people near by who need rest. To multi- tudes of people undisturbed sleep is an abso- lute necessity if they are to avoid being wrecked by the strain of their daily activities. In these days of multiplied noises and the ex- treme nervous tension of daily life, the protec- tion of the hours of sleep is of increasing importance. All-night revelry should not be tolerated when neighbors are near. A halle- lujah chorus continued all night will hardly prove conducive to the spiritual improvement of those whose rights are outraged by enforced sleeplessness. A disregard of the right of others to enjoy the balm of hurt minds during the usual hours for sleep is an outrage, and, if persisted in, would indicate a peculiar obliquity of the moral sense. Unless the ver- dict in this case is against the facts, the claim that religious liberty is jeopardized thereby is a rare burlesque. Comic opera could have nothing more grotesque than the claim of a religious right to wrong one's neighbors. The good work of the Salvation Army and of every organization to uplift man should be appreciated to the full; but the righteousness of a cause does not give its workers a license to trespass on the rights of others. The benevolent or religious character of an enter- prise cannot excuse the impudence of the as- sumption that they are above the ordinary rules of fairness and justice. To punish them for wroaging others as promptly as if they were criminals of a lower class will not injure their cause, but will only free it from reproach. Evidence of Telephone Conversation. Amusing news, to the effect that a new precedent for the courts had been established by allowing a conversation through telephone to be admitted as evidence, recently reported the judge as saying: I find that this point has never been ruled upon, and I think it is

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