CONVICTS. (BERTILLON MEASUREMENTS— PHOTO GRAPHS—MANDAMUS то COMPEL SURRENDER— REVERSAL OF SENTENCE.) NEW YORK SUPREME COURT.
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pense with which the society has nothing to do. But the charter is refused on the ground that the purposes of the proposed corpora tion include matters injurious to the commu nity. The teaching that disease can be reme died by prayer alone is contrary to the policy of the law. which is to assume control and require the use of the most effective known means to overcome and stamp out those ills which otherwise would become epidemic. In such cases an attempt at treatment by those not possessing the lawful qualifications is violative of public policy. The court says: "Neither the law nor reason has any objec tion to the offer of prayer for the recovery of the sick." The objection seems to be to relying on it too exclusively.
In re Molineux, 83 New York Sup plement 943. As an aftermath of the Molineux case the defendant brought man damus to compel the surrender to him, after his final acquittal, of the photographs and Bertillon measurements which had been made of him while in prison under final sentence after his first trial, and before its reversal by the Court of Appeals. He was denied relief. Laws 1889, c. 382, p. 511, §40, authorized the Superintendent of St-ite prisons to make rules and regulations for a record of photographs and other means of identifying each convict received, and Laws 1896, c. 440, p. 401, §i, requires the super EVIDENCE. (SEIZURE OF PAPERS—ILLEGALITYEFFECT ON COMPETENCY.) intendent of State prisons to cause prison NEW YORK COURT OF APPEALS. ers to be subjected to Bertillon measure ments. The court says that the relator must In People v. Adams, 68 Northeastern have a clear legal right to what he asks for, Reporter 636, which was a prosecution and it does not appear in this case that he for running a policy game, Adams be has one. The Superintendent of State prisons ing locally known as the "Policy King," is under no obligation to surrender the private papers of the defendant which photographs and measurements, which are had been taken on a search warrant, no more damaging to the relator than the were offered in evidence. The court in court records and other traces of his strug reviewing the admission oí these papers gle for liberty. The case while peculiar, is in evidence said that no notice need be taken not new, the same view having been taken as to how they were obtained, whether law in People ex rcl Joyce v. York, 27 Misc. Rep. ' fully or unlawfully, the evidence being other 658, 59 N. Y. Supp. 418, and Owen v. Part wise proper and material. If there was any ridge, 40 Misc. Rep. 415, 82 N. Y. Supp. 248. illegal invasion of the defendant's rights, his remedy was by an independent proceeding. CORPORATIONS. (CHRISTIAN SCIENCK CHURCH— The following authorities are cited: Com APPLICATION FOR CHARTER.) monwealth v. Tibbetts, 157 Mass. 519, 32 PENNSYLVANIA SUPREME COURT. Northeastern Reporter 910; Commonwealth In re First Church of Christ, Scien v. Dana, 2 Mete. 329, 337; Commonwealth tist, 55 Atlantic Reporter 536, chronicles v. Lottery Tickets, 5 Cush. 369, 374; Com the unsuccessful attempt of a Christian monwealth v. Intoxicating Liquors, 4 Allen, Science church to secure a charter of 593, 600; Commonwealth v. Welsh, no incorporation in Pennsylvania. The court, Mass. 359; Commonwealth v. Taylor, 132 in affirming the refusal of the charter by. Mass. 261; Commonwealth v. Keenan, 148 the court below, holds that the evidence Mass. 470, 20 Northeastern Reporter юг; Commonwealth v. Ryan, 157 Mass. 403, 32 in the case does not support a finding that Northeastern Reporter 349; i GreenleaPs the corporation was one for private profit, Evidence, §254a, §229; i Taylor's Evidence, though individual healers receive compen §922; i Bishop's Crim. Proc. (3rd Ed.) sation, as this seems to be a personal recom-
