Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-01-19

from Pottawattamie county yesterday
4 rendered g decision on a point of lau
A which seems to express common sense
tsabout as plainly as anything could anS
yet within the decision is evidence that
IL is contrary to the holding of some
lother eminent supreme courts of the
/ United States. The case was one in
A which the Milwaukee railroad had killed
scne cattle at a highway crossing and
| the evidence showed that the engineer
sfad failed to blow his whistle and ring
1.-THE bell in accordance with the statute
requirements. The COMPANY set up the
Tclaim that these warnings provided by
/ law are for the especial protection OF
1 fuman beings and not for animals. The
Iowa court takes different view "A
feilure to give these statutory signals
when approaching crossing makes. \
says Judge Sherwin in the court opn-
lion, railway companies absolutely La
i,le for all damages which shall be sus-
tanned by any reason of such neglect
and such failure is also made nisde-
N: eanor. There is nothing in the lam
suage of the statute tending to show the
Legislature intended to restrict its oper-
alton to the human family. 1t has been
held in several states that the sole pur-
rose of such legislation is to advise hui
lrian beings of the approach of danger
But we think the reasons given for the
Isdecisions to which our attention have
been called are not sound. They are
based on the thought that oil animal
ipature below man is incapable of intel
ligent action and is not endowed with
the sense of self-preservation and fear
The contrary Of these propositions we
believe to be true 1t is q matter Of
common observation that the attention.
cf dumb animals is quickly attracted by
any unusual noise, tho at some distance.
and the approach of an unfamiliar OBJ
I ject ordinarily holds the attention and
arouses the instinct of fear and of self
preservation which all animal nature
possesses"
The tax ferret industry has proved to
be a good one in Polk county, the aggre-
gate collections by the county in the
rast four months on account of property
uncovered by the tax ferret firm being
s33,314.5 The tax ferret firm received
rs per cent for the work of hunting up
the property. Quite a number Of coun-
ties have not yet availed themselves of
the provisions of the law but are ar
ranging to make contracts since it has
been demonstrated that such large
sums can be recovered.
Several towns in Iowa have recently
become incorporated. some Of them after.
having been villages of considerable size
for many years Among them are AL
lert City. Buena Vista county: Atalis-
sa, Muscatine county: Blakesburg, Wa.
rello county: Hamilton Marion county;
and Jamaica, Guthrie county Albert
City is new town on the Spencer cx-
tension of the Milwaukee, but the Others
ere old towns which have not been in
corporated until lately.
Capt. Swazey. recruiting officer for
Iowa, left yesterday for Omaha with.
nine recruits recently secured here for
the regular army. At Omaha they will
he Joined by thirteen others and the
squad will be sent to the, Preside to
await assignment to regiments. Two Of
the recruits accepted here were former
members of the Iowa National Guard
and saw service also as volunteers in
the war for Cuban independence. They
arc Claude f. Long, of Des Moines, who
was in Company H. Fiftyfirst Iowa;
and Max Blouse. of Charlton. who was
N Company H. Fiftieth Iowa.
$50
Governor Shaw is in Texas to person
ally direct any deal which may be made
regarding a large tract OF land near
Beaumont, where the rich oil Well was