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No Law For Fools

No Law For Fools image
Parent Issue
Day
21
Month
October
Year
1898
Copyright
Public Domain
OCR Text

The comtuon belief that thèlaw will cast a special protection aronnd the weak and feeble gets rudely shatteied by a decisión in United States versus Fay (83 Fed. Bep. 839), which hoïds that only persons of ordinary prndeuoe are within the protection of United States revenue statu tes, section 5,480, against scherues to defraud by use of the mails. The court held that a schema by which a man was led to pay f 50 ftxr the use of an alleged superhuman powwr to discover a treasure hid in bis field was not a "scheme to defraud" beoause it was "not reasouably adapted to dnceive persons of ordinary prudence. " This decisión, says Case and Coruruem, would allow the safe use of the maiis by all sharks looking for gudgeons. Ir, seems not only against reason, bot agaiust the authority of United States versus Reed (42 Fed. Rep. 134), iu which the court condernned a simila scheme to get money by professiug to exercise a mysterious power to answer sealed letters addressed to spirits. Tb.ow who do not have ordinary prudence are the people for whom the statute is needed.