RECENT CASES. 339 Bailment — Negligence of Bailee. — The plaintiff, while trying on a cloak in the store of the defendant, a dealer in ready-made clothes, laid her own cloak aside, and when she looked for it again, it was gone. Held, that the defendant, by provid- ing mirrors and clerks to aid in the process of trying on garments, impliedly invited customers to lay aside their wraps during the process, and was, therefore, bound to exercise some care over them; and as in this case, by his failure to provide a place to keep the wraps, and to notify either the customer or his clerks to look after them, it was evident that he exercised no care at all, he was liable. Bunnell v. Stern, 25 N. E. Rep. 910 (N. Y.). Common Carriers — Eminent Domain. — Held, that the statute providing that a corporation organized for the construction of "any railway" may appropriate land for a right of way does not apply to a corporation organized to construct a street rail- way propelled by electricity or horse-power for local convenience and the transporta- tion of passengers so as to authorize it to condemn private property for a right of way. Thomson-Houston Electric Co. v. Simon, 25 Pac. Rep. 147 (Or.). Common Carriers — Liability of Master for Torts of Servant. — The plaintiff was a passenger in defendant company's train. Induced by the conductor joining with others in simulated threats to rob, bind, and throw him from the train, he jumped off and was injured. Held, that the company were liable for the miscon- duct of the conductor, and the plaintiff could recover. Spohn v. Missouri Pac. Ry. Co.y 14 S. W. Rep. 880 (Mo.). Constitutional Law — Equal Protection of Laws — Regulation of Sale OF Intoxicating Liquors. — Act Md. 1890, c. 343, established a Board of Com- missioners to regulate the sale of intoxicating liquors in the city of Baltimore, and empowered the Board to grant licenses only to citizens of the United States. Held, that the act was a valid exercise of the police power and not in conflict with U. S. Const., 14th Amend., § i. Trageser v. Gray, 20 Atl. Rep. 905 (Md.). Constitutional Law — "Holding Court." — The constitution of Montana provides that "the State shall be divided into judicial districts, in each of which there shall be elected by the electors thereof one judge of the District Court. . . . Any judge of the District Court may hold court for any other district judge, and shall do so when required by law." Held, that this section does not of itself confer upon a judge who is holding court in a district other than his own, authority to grant an in- junction in chambers. DeWitt, J., dissenting. Wallace v. Helena El. Ry. Co., 25 Pac. Rep. 278 (Mon.). Constitutional Law — Interstate Commerce — Intoxicating Liquors. — The Supreme Court of the United States decided in the case of the Iowa liquor law that it was broad enough in its terms to embrace all liquors and all sales of liquors by every person, but that this law, under the Constitution of the United States, was in- operative on liquor imported into the State as long as it remained in the original pack- ages, and could not be applied to the sale of liquor in the original package by the importer, "in the absence of congressional permission to do so." The court did not declare the statute of Iowa void, but that its extension or application to liquor in the original packages in which it was imported was, in the absence of congressional con- sent, unconstitutional. Held, that the act of Congress, Aug. 8, 1890, which gives such consent is constitutional, and that its effect is to extend previously existing State liquor laws to liquor imported into the State. In re Van Vliet, 43 Fed. Rep. 761. Constitutional Law — Interstate Commerce — Original Packages. — Where several bottles of liquor, each bottle separately wrapped in paper, labelled "Original Package," and marked with the name of the importer, are placed in an open box and shipped therein into another State, the box is the original package. But where the boxes are furnished by the carrier, and fastened to the car so as virtually to become a part thereof, the bottles separately wrapped and directed are the original packages. Keith v. State; Rion v. State, 8 So. Rep. 353 (Ala.). In State v. Chapman, 47 N. W. Rep. 411 (S. D.), bottles were each sealed up in paper wrappers and packed in open boxes, and it was held that the boxes were the original packages. See note, 4 Harv. L. Rev. 284. Constitutional Law — Interstate Commerce — Telephone Messages. — A message sent by telephone from one State to another is interstate commerce, and a tax imposed by a State upon corporations engaged in transmitting such messages
