Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1901-10-29
Supreme Court Defines Them in
One Case.
MAY TRANSACT PERSONAL BUSINESS
Supreme Court Holds That Convict
May Recover From a Bank on a
Certificate of Deposit cashed by the
Warden.

DeS MONIES, Oct. Z4.-Ine supreme
court has distinguished itself in an
opinion which gves to Andrew Thomp-
son, a prisoner at Anamosa peniten-
tiary, the right to recover of the bank
of Niles & Waters of Anamosa on
certificate of deposit amounting to
5000. In making this ruling the
court reverses Judge H. M. Remley of
Jones county. Chief Justice Given
writes the opinion which is to the
point and declares in sweeping terms
that the conviction and Imprisonment
of any citizen of Iowa does not dis
qualify him from transacting business
touching his own property.
Thompson was committed to the
state penitentiary at Fort Madison, and
at the time of his commitment had SO
in money on his person which he soon
| used. During his confinement the
prison authorities received about $500
of bequest made to him. The prison
clerk, by his direction, deposited $500
of his money in bank at Fort Madi-
son and received certificate of de-
post payable in one year with 5 per
cent interest. Thompson was later
transferred to Anamosa and the GER
tificate was sent to Warden Ban of
that prison. Thompson Endorsed it
and at his request Warden Ban col
lected the money thereon, 5000, and de-
posted the same in Niles & Waters
bank at Anamosa. Warden Ban turn
ed the certificate over to his successor,
P. W. Madden. During Madden's adj
ministration, w. c. Gilbrath became
clerk of the prison. On February 1,
1893, Gilbrath presented Thompson's
certificate of deposit, without the sig
nature of the prisoner and without his
knowledge, and received the money
upon it. Gilbrath failed to account
for the money and Thompson demand
: ed of the bank the amount of his de-
post This was refused and Thomp'
son brought suit August 26, 1899, to
recover of the bank. The lower court
held against him.
In reversing this judgment the SUI.
preme court holds that neither the
warden nor the clerk had any right to
receive, nor the defendant bank to
pay, the amount of the certificate with
out the order of the plaintiff.
The fact of the plaintiffs conviction
and imprisonment did not disqualfy
him for transacting business touching
his own property. He could give ant
,, receive conveyances, notes or othel
obligations and make and draw depos
it's. The fact of his Imprisonment
might render it necessary at times tt
act through others, but does not dis
qualify him from receiving, holding Of
disposing of property in the usua
/. manner. Defendant relied largely up
!, on section 1858 of the code, which
| provides that the warden shall receiv,
: and care for the property of convicts
entering the prison, even to taking
.. charge of bank accounts, if such are
held by the prisoner. The supreme
court while conceding that this sec
ton may apply holds that it was ney
D er meant to make the warden NOR,
. than the guardian of such funds. |
3 does not give him or his clerks tn,
I authority to dispose of them withou
S the order of the real owner. The banl
r will have to pay Thompson the full
4 amount of his deposit.
S Other Opinions.
o Iowa City VS.. L. W. Newell, appel
g ant, johnson district, Mr.. j. Wade
S Judge; affirmed. Sherwin, Judge.
t In this case, the court upholds tn
!. judgment sustaining city ordinanc
t which provides that transient mel
0 chants shall pay into the treasury q
S Iowa City a license of $50 before the
e can sell their wares within the cit
e limits. The RECESSION is important /
t view of similar ordinances on tn
:. statute books of other cities of tn
state.
t l.. R. Moore VS.. D. D. Howe and I
e Carter, appellant; Cerro Gordo di.
l. trict; G. H. Kelly, judge. Reversed
e Laid, j. Sherwin, j., took no part
t. H. G. Offenbaker, administration, v!
e the Metropolitan Life Insurance Co
e 4 appellant; Linn district; VIM. c
+. Thompson, judge. Affirmed. M
is Claim, judge.
5. The Iowa Central Building and Loa
T. association VS.. Ida M. Vogt, appellan
1t and M. E. Wilcox, ct al, defendants
h. O'Brien district; John f. Oliver, judg
s. Affirmed. Deemer, j.
o Andrew Thompson, appellant, v
it Niles & Waters; Jones district; +
is M. Remley, judge. Reversed. Gil
It en-, j.
D SaWnill Burned.