Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-04-23
'lO'IEg G. D. D. LIQUOR.
Case to Come Before Supreme
Court to Decide Import
ant Question.
Whose Agent Is an Express Com.
pany When Liquor Is Con-
signed c. o. D.
State Of Iowa Has $50 Cords Of
Wood and no Power
to Sell 1t.

Special to Times Republican,
Des Mones, April - One of the mosi
interesting appeal cases TO come before
the Iowa supreme court for submission
at the next term will be one which Will
cfcounties which still enforce the Iowa
|prohibitory law This is case from
Iama county IN which the agent of The 4
American Express Company was found
isot guilty ofviolation of the Iowa pro-
hibltory laws in having received ana
delivered a consignment of liquor fium
Rock Island. The package was sent G.
y. u. but despite this fact the court
seld that the sale proper was made IN
ltock Island and that the act OF deliy-
l.eiy and collection was only incidental
thereto Tne state mas appealed this
case The defense cl;tins that the sale
/ is made in Illinois and the interstate
commerce laws protect the express
company and its agents and all others
concerned IN the deal. The position OF
:he state is that in the case of c. O.
ID sale tho sale proper Is made when
\ the goods are delivered and found to
| be as represented and are paid for The
jsae is not complete until the goods are
paid for Therefore the express COM
rany acts as the agent of the consignor
1 and not for the consigilee. In cases
where the goods are paid for in advance
4 the express company acts as the agent
I sor the man who receives the goods; the
contrary rule holds where it is m
Rstructcd to deliver only when the goods
Enre paid for at their destination. Tiie
tsuprenie court has never yet passed di-
Irectly onsthis point. but the supreme
courts IN other states have taken the
view of the state.
Governor Shaw has received an invi-
tation to attend the twenty fifth annual
|encampment Of the 6 a. r.. depart
ment ef Nebras ska. at Plattsmouth May
/ s next. He is urgently Invited by mis-
comrades in arms to appear there and
deliver an address IN than, but viii no,
he ab'e TO do So The governor was at
Norfolk. Neb.. last night TO address n
convention Of bankers Of northesatsrn
/ Nebraska. He will not be able TO go to-
Plattsmouth.
fipt common
/ In Iowa. but here aud there it receives
trial andiis found to work satisfacto=
/ rly. IN Carroll county the other day
two neighbors got Into trouble over
dog and some sheep O. G. Andrews
efwned the sheep and Robert Poole
Eewned the dog The sheer had been
ohased by dogs a good dcnl and so a
gsen of Andrews who saw dog amcrg
Ithe sheep went after II and shot IT. Thc
Icog belonged to Poole who demanded
fragment for it. which was refused hy
/ Andrews. Instead Of taking off their
coats and attacking each other they
agreed TO submit the case to three ar
btrators. Neghbors We're called in. ard
1.-THE case stated and the board OF arhl-
ltration decided for the sheep and
against the dog There was no evil
I.dence that that particular dog had
harmed the sheep but the fact of its
iiteing a dog was suspicious And the
whole thing was better than going to
court about it.
| The state OF Iowa owns 15o cords of
good wood for which it has no susc and
which nobody has tee authority to sail
| The case Is a peculiar one and the facts
have just been brought to the attention
lof the state officers. The wood Is piled
| up on an island in the Mississippi river.
which Is west Of the main channel and
| therefore belongs to Iowa. The owners
of abutting property have supposed
THAT the island belonged TO them anas:t
las been included IN several deeds in
DubnGuc county The land along the
river belongs TO Frank Noel and he had
/ the wood cut as others had cut from tlis
! island He got into controversy With
z neighbor over payment for 9 load OF
sand taken from the island during the
/ winter and the neighbor called the at
ltention of the attorney general to the
4 fact that Noel claims ownership of the
island The attorney general decided
that such is not the case, but that ii
| belongs 10 Iowa. Noel has been noti
fed TO neither cut more wood nor haul
10 Iowa But Iowa does not have aiy
/ officer charged with the duty of selling
| cord wood and the wood Will remain
there some time.
-.
When S. NJ. Leach. committeeman for