Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-10-04
GOOD MEETINGS HELD
Shaw. Dolliver. Lacey and Cum.
minis All Hold Rousine
Meetings.
Court Rules That Incorporation
Notices Must Be Published
at Home.
Celebrated Hossack Case Will
Go Over to Another
Term.


Special to Times Republican.
Des Moines, Oct. 4.-The republican
state committee is well pleased with
the reports from the political meetings
this week thus far held. Governor Shaw
held a good meeting in Indianola last
night, and will go on to Boone this eve
ming, where he will deliver a fine ad-
dress in support of the ticket and the
party. Senator Dolliver is in Carroll
county today, where he will be at home
with the farmers of the eastern part of
the county and give them one Of his
matchless talks Cummins is In Mason
City, where there is to be a big meet
ing, and Congressman Smith Is at New
ton. Next week number OF other
speakers will get busy, among them
Speaker Henderson, Senator Allison.
Congressman Lacey, Congressman
Thomas and Congressman Conner. La
cey's dates for the week are as follows:
Cincinnati on Monday, Seymour on
",
Vile on Thursday, Iowa City on Friday
and Victor Saturday, all to be evening
meetings. The last of the county con-
tventions are to be held tomorrow and
the committeeman Of both parties are
still worried for fear some of the nomi-
nees for the legislature will not get
their names to the secretary Of state IN
time. However. kilograms are being
sent out to them prodding them up,
and 1t vii not be the fault Of the COM
mitteemen IL some are left in the cold.
incidentally the populists are show
ing some activity at the present time,
along with the prohibitionists. The pop
ulists yesterday filed their petition with
the secretary of state, and thus their
state ticket gets legal standing. The
petition contained over 800 names. Five
of those circulated petitions got more
than 100 names each. and the majority
of the names were secured in Decatur.
Cherokee, Monona, Chickasaw and Polk
counties.
The decision Of the supreme court
yesterday in the case of Bankson.
Hughes & Co., We. Anderson. from Sioux
City, will be Of interest to every person
Interested in corporations in Iowa, or
who has any notion of organizing a
corporation. The defendants We're
stockholders in the Union Dry Goods
Company, which failed, and the plain
tiffs sought to subject them to respon-
sibility for the debts of the company on
the ground that the company was never
legally organized. The question turned
on the publication of notice of incorpor-
alton of the company In the Danbury
Review. which is town of about 800
persons situated fifty-six miles by wag.
on road from the place of doing buei-
ness of the company, and sixty-four
miles by the railroad. The court holds
that the company was not legally incor-
porated and therefore the defendants
are responsible for the debts of the cor
poration.
THE cole question presented for our
determination in this case says: JUS
!tice Sherwin In the courts opinion, rs
whether the publication of the notice of
Incorporation in the Danbury Review, a
newspaper published weekly in a small
town more than sixty miles by rail from
the place of business of the corporation
was such publication as to meet the
requirements of the statute when con-
eidered in the light of the fact that the
corporations place Of business was in a
large commercial city, having number
of daily papers with a large circulation,
and in addition thereto, numerous other
papers of more or less general circula-
tion. : The word convenient has
many definitions, but as used in this
statute 1t seems to US that but one
thought in relation thereto could have
been in the minds of the makers of the
law; the requirement that the notice be.
published in some newspaper as 'conve-
nient as practicable to the principal
place of business of the corporation
means that 1t shall be published In the
nearest or most handy paper suitable
therefor Any other construction of the
language used, in view of the general
context would be strained and unnatur-
al The law will not make fine distinc-
tions in ouch matters, and indeed the
statute itself provides, and we have
held in accordance Herewith, that q
substantial compliance with its terms is
all that is necessary. We must hold,
however that the publication of the no.
tice under consideration was not In sub
stantial compliance with the law; 9TH
erwise no limits can be prescribed with
in which such notice may not'be le-l
gally published. The publication OF
the notice before US not being in sub
stantial compliance with the statute as
to place. must be held to be no notice at
all, and consequently no protection to
the defendants
In view of the fact that a large num-
Der of new corporations are being or
ganized in Iowa this year. a larger
number than ever before, the decision
has great importance to publishers and
to corporation organizers.
The celebrated Hossack cases came
up in the supreme court again today.
The abstract of evidence was filed in
the case some time ago by attorneys for
Mrs Hossack Later the attorney gen.
eral or county attorney thru the attor-
ney general. filed an amendment there
to, and yesterday the attorneys for the
defense filed paper denying some por-
tions of the amendment. These related
to the testimony Identifying certain OF
the Exhibits" in the case, and to the
matter Of the testimony of Mrs. HOS
sack as to when they were married. But
the attorneys have found It impossible