Municipal Corporations. Franchise of Use of Streets by a Contract under Federal Constitution

1901 The Virginia Law Register  
Known as the Early Journal Content, this set of works include research articles, news, letters, and other writings published in more than 200 of the oldest leading academic journals. The works date from the mid--seventeenth to the early twentieth centuries. We encourage people to read and share the Early Journal Content openly and to tell others that this resource exists. People may post this content online or redistribute in any way for non--commercial purposes. Read more about Early Journal
more » ... ntent at http://about.jstor.org/participate--jstor/individuals/early-journal--content. JSTOR is a digital library of academic journals, books, and primary source objects. JSTOR helps people discover, use, and build upon a wide range of content through a powerful research and teaching platform, and preserves this content for future generations. JSTOR is part of ITHAKA, a not--for--profit organization that also includes Ithaka S+R and Portico. For more information about JSTOR, please contact support@jstor.org. orders of a board of health is sustained, in Blue v. Beach (Ind.), 50 L. R. A. 64, although there was no statute expressly making vaccination compulsory or imposing it as a condition of attending school and the pupil excluded has not been exposed to small-pox, if people in the community have been so exposed. LIFE INSURANCE POLICY, AS AssETrs.-A life insurance policy on a bankrupt's life which has no cash surrender value is held, in Morris v. Dodd (Ga.), 50. L. R. A. 33, to have been lawfully transferred by him to his wife within four months prior to his petition in bankruptcy, though the policy was previously payable to his legal representatives. The case has annotation showing the authorities concerning life insurance as assets of a bankrupt or insolvent. PUBLIC CORPORATIONS-LIABILITY FOR TORT.-The general rule shown in a note in 39 L. R. A. 33, that counties are not liable for torts or negligence in the management of public institutions, is illustrated and applied in the case of Lefrois v. Monroe County (N. Y.) 50 L. R. A. 206, holding that a county maintaining a penitentiary and alms house the sewage from which contaminates a stream and the surrounding atmosphere, is not liable to an action therefor, although the county officers may be subject to an injunction to abate the nuisance. MUTUAL BENEFIT SOCIETIES-DEFAULTS OF SUBORDINATE LODGE-The failure of a subordinate lodge of a mutual benefit society to remit an assessment to the grand lodge is held, in Mlurphy v. Independent Order of the Sons and Daughters of Jacob (Miss.), 50 L. R. A. 111, not to forfeit the rights of a member, although the by-laws provide that the grand lodge shall not be held for neglect of duty of subordinate lodges. With this case is a note reviewing the other authorities on the forfeiture of benefit certificates by default of subordinate lodges. COLLATERAL INHERITANCE TAX-CONSTITUTIONALITY-NOTICE TO HEIRS.-A collateral inheritance tax for the use of the State imposed by a statute which makes no provision for notice to heirs, legatees, or devisees is held, in Ferry v. Campbell (Iowa), 50 L. R. A. 92, to be unconstitutional as a deprivation of property without due process of law. But a retroactive amendment curing such defect is held valid and operative as to the estate of a person who died before the amendment, at least so far as it affects personal property not yet distributed.
doi:10.2307/1099134 fatcat:c2flmevwcbem5hb27nrdk3xmue