Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-10-02
|}ONh|NSNOV[SNOR|H.
Very Satisfactory Meetings Held
In Southern Iowa..Hampton
Next.
-
Courts In a Tanele Over Repor.
ters' Records..Failure to De.
liver a MESSAGE.
Prisoners Escaping From Stone
Pile Held Not to Have
Broken Jail.
Special TO Times-Republican.

Special to oTimes-Republican
Des AIoines. Oct 2-After his meeting
this afternoon in Corning Mr.. Cummins
makes jump to Hampton and opens
|!up In northern Iowa for the first time
Word received here from creston is to
the effect that the meeting there was
I all that could be desired, and the after
noon meeting at Red Oak was also
good The southwestern Iowa people
are ready for sharp and vigorous
campaign on nationaf Issues and a
showing before the nation that will in
dicate plainly that Iowa republicans
have laid aside their differences. 1t is
expected that the Cummins rally at Ma
son City will be good one and open up
the campaign in satisfactory manner
in that part of the state. 1t is under
stood the republicans are making ex-
ccllent preparations for the meeting,
andsthey will see to it that the standard
bearer of the republican party in Iowa
this year receives welcome equal to
Mr.. Cummins is receiving many compli-
ments on ahis speech He is listened to
with rapt attention wherever he goes.
No standard bearer of the party has
ever been able to do more in the way of
Interesting his audiences than Mr..
Cummins. He is especially highly COM
plimented on the way he has given the
keynote to the present campaign and
pitched it along distinctly national
lines, completely disarming all his crit
les by his clever disposition of the few
state Issues which appeared to divide
the party before the Cedar Rapids con-
vention, more particularly his handling
of the taxation and assessment ques-
ton. The democrats had hoped that the
republicans would be so foolish as to &C
out OF their way to attempt to force
consideration Of the question of railroad
assessments and taxation in this cam
lpaign. Mr.. Cummins has stated his po-
sition plainly and the position OF the
party as manifest at the state conven-
tfnisi and has declared that II the people
have confidence in hfs Integrity and
Judgment, then they should vote for
him. Such a position leaves the oppo
sition without any ground to stand on
The position he has taken, so 1t is un-
derstood. Will be followed substantially
by all the speakers and newspapers OF
the state, and democrats and mischief
makers alone will be left to debate de-
tails of taxation reform. Word comes
from the southern part of the state that
wherever Mr.. Cummins has spoken he
has satisfied all republicans completely
as to his position on all issues espoused
by the party this year Hence the state
committee Is besieged with demands for
Cummins to deliver speeches in every
county OF the state.
The courts. district and supreme, ap-
pear to have got into little tangle over
a case from Wapello county; and the
supreme court reporter. either thru
carelessness or ignorance. appears to
have done what he could to make bad
matter worse. L. C. Rendershott sued
the Western Union Telegraph Company
for damages for failure to deliver a.
message sent to veterinary surgeon,
claiming that the death Of a valuable
horse was due to non-delivery of the
message He secured judgment in the.
lower court, which was reversed on ap-
peal A second trial resulted like the
first, and second appeal was taken.
Justice MCLEAN beautifully scored the
supreme court reporter for his headings
on the former opinion. 1t may be
we'll, however," says the court, ITO call
attention to the fact that the second
head note to the opinion as published in
the official reports is misleading. 1t is
not held in the opinion that the plaintiff
q no oh
.in all reasonable possibility as the
head note says. but In all reasonable
probability, the horse would have re-,
covered if treated as soon as he might
have been treated had the telegram
been promptly delivered" But this Is
not all. In the first opinion the court
found there was no question of contrio-
utory negligence, and yet on second ap
peal the defendant company claims that
this question should have been submit-
ted to the jury. The court refuses now
to consider that question and says:
'If counsel felt that the action OF the
court in this respect on the former ap-
peal was wrong they should have avail
ed themselves of the ample opportunity
afforded by the statute and the rules OF
this court to have the error corrected on
rehearing. 1t is not admissible to allow
case to be tried second time in ac-
cordance with express directions given
by this court on previous appeal and
the question, on second appeal. the
correctness of the views expressed on
the former appeal, no matter how err
roneous they may be. The law an
nounced on one appeal continues to be
the law of the case for subsequent trials
whether right or wrong.
1t appears, however, that in this par
ticular case not all the judges of the
supreme court believe the law laid
down in the former appeal is right. JUS
ltice Deemer dissented on the first trial
and again dissents and Justice Nc
clean, who writes the court opinion in
the last appeal, states frankly that if
the question was an open one he would
ioin with Justice Deemer in the dissent.
And SO 1T appears that the courts are
not all of one mind on great questions.
Persons who expect to be employed at
any time on the state stone quarries at
Anamosa will read with interest a de-
cision rendered yesterday by the su-
! preme court in which II ts held that It