NOTES OF RECENT CASES OF IMPORTANCE FROM THE NATIONAL REPORTER SYSTEM. (Copies of the pamphlet Reporters containing full reports of any of these decisions may be secured from the West Publishing Company, St. Paul, Minnesota, at 25 cents each. In ordering, the title of the desired case should be given as well as the citation of volume and page of the Reporter In which it is printed.)
ALIENS. (MARRIAGE то CITIZEN.) U. S. DISTRICT COURT.
Hopkins v. Fâchant, 130 Federal Re porter 839, when compared and contrasted with Hoaglin v. S. M. Henderson & Co., 94 Northwestern Reporter 247, elsewhere con sidered in these notes, shows a different phase of the question of the merger of the entity of a married woman in that of her husband. While the Iowa case shows an extension of the wife's powers and privi leges with respect to the making of con tracts and indicates a further recognition of her as a separate entity, the Federal case il lustrates the fact that however much her individuality may be regarded as separate and apart from that of her husband with respect to her contract relations with him and with third parties, she is, when consid ered merely as a member of the body poli tic, still merged in the personality of her husband so as to acquire his political status and become vested with his political rights. We may, perhaps, be excued for referring to one or two facts which, while possibly not absolutely essential to the decision, never theless lie at the foundation of the case and cast a glamour of romance over the other wise abstract principles involved. Blanche Masclez entered into a contract of marriage with Alexander Fâchant in the Republic of France and by agreement came to the United States to consummate the marriage. On arrival in this country the faithless Alex ander refused to make her his wife and she brought suit against him to recover $15,000 damages for a breach of the marriage con tract. Pending this suit proceedings were begun for the deportation of Mile. Masclez on the ground that she came into the United States contrary to the immigration laws. Pending this proceeding, Alexander's heart having softened, they were married. Under these circumstances it is held that she at
once acquired the status of her husband, who was a citizen of this country, and the following cases are referred to as support ing the decision: Leonard v. Grant, 5 Fed eral Reporter 11; Kelly v. Owen, 7 Wall. 496; United States v. Kellar, 13 Federal Re porter 82; Ware v. Wisner, 50 Federal Re porter 310; Broadis r. Broadis, 86 Federal Reporter 951: Tsoi Sim v. United States, 196 Federal Reporter 920. CHILD LABOR. (EMPLOYMENT AS EVIDENCE OK NEGLIGENCE.)
NEW YORK COURT OK APPEALS The effect of a penal statute in creating a' civil liability, though not a new question, is developed in a novel form in Marino v. Lehmaier, 66 Northeastern Reporter 572, where the court of appeals of New York is called upon to determine the effect in a civil case of a violation of the child labor law of that State which makes it a misde meanor to employ children under a certain age in factories. The court determines in effect that the act while penal in its nature, creates a civil liability and affects two dif ferent phases of the law of master and ser vant operating not only as a determination that the child under the prohibited age does not possess the judgment and discretion necessary for the pursuit of a dangerous work so that he is not, as a matter of law, chargeable with contributory negligence or assumption of risk, but also to make the un lawful employment in and of itself evidence of negligence. Tn the course of the opinion, in support of the holding, the court cites Willy v. Mulledy, 78 N. Y. 310, where a recovery of damages caused by violation of a charter provision requiring fire escapes was upheld : Stewart v. Ferguson, 104 N. Y. 553, 58 Northeastern Reporter 662, where a recovery was allowed for violation of a law prohibiting the furnishing of unsafe or un
