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4 Case & Com. 1 (1897-1898)

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     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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