The Leon reporter. (Leon, Iowa) 1887-1930, 1902-02-13
COLLATERAL INHERITANCE.
Supreme Court Decides That the Law
Is Not Retroactive.

Supreme Court Decides That the Law
Is Not Retroactive.
Des Moines, Feb. IL. The supreme,
court handed down decision affecting
the collateral tax law. 1t is held that
the law Is not retroactive as to tax
on property of which the title had
become vested in collateral heirs
previous to the amendment to the
law, enacted by the last session of
the Legislature. The decision has no
bearing upon future tax, though sever
| al cases withheld awaiting the de-
cision of the court are involved.
| The case is John HerriOtt, treasurer
of the state, VS.. L. F.. Potter, admin
istrator of the estate of John Lawson
who died in Pottawattamle county,
September z 1896. The death of the
decedent was before the original act
took effect. Real estate consisting of
ESQ acre farm was left to collateral
heirs. = The question raised was
whether the title fully vested in them
so that the subsequent amendment pro-
| viding for notice of appraisements
would become retroactive and cure the
want of notice provided for in the
original act
| 1t is held by the court that the right
OF possession had become vested in the
heirs before the amendment was enact
ed by the legislature and because the
right had so vested law that would
undertake to deprive this right would
be unconstitutional The decision of
thea Pottawattamie county court
against the state would be unconsti-
tutional.
The saloonkeepers at Dubuque are
not paying much attention to the or
ders issued by the Knights of Fidelity
| in regard to closing the saloons 1t is
GAINED that members of the order
were the first to disregard the order.
Mrs. George Bick, wife of railroad
engineer at Council Bluffs, was fatal
! ly burned few days ago, her cloth
| ing catching fire from a stove. ]. w.
!! French and Oscar Under We're also
badly burned while trying to eXtin-
guish the flames which had enveloped
| Tie woman.
In the district court at Des Moines
Judge Bishop decided that the town
council of Perry has not the right to
insist upon vaccination and to arrest
persons refusing to comply with the
request. j. J. Courtney refused to
comply with the request and was ar
! rested. Judge Bishop ordered that
writ of habeas corpus issue for his
release.
A suit for $4,000 damages has been
filed by A. w. Becllit against the Chi
cago, Rock Island & Pacific Railroad
company. The suit is to recover dam
ages for injuries sustained by Beckit
on September 16, 1901, at Earlham.
His arm was caught and crushed and
broken by buffer irons while he was
engaged in coupling. Beckit claims
a defective coupling was the cause of
the accident.
The Des Moines city council has
voted to remit taxes on the starch
works for ten years. The company is
pledged to rebuild at once and invest
$250,000. The city has pledged itself
to help secure the extension of the
water mains to the plant. Water
works officials said in council meeting
mat the company would extend. Al
derman Dorr proposed a five year re
4 mission, but the amendment was lost
/ The remission is in conformity with
the agreement between the starch
| change.
Eugene ,Lutz, lawyer who gained
much notoriety in Sioux City two years
ago by his prosecution of saloon
keepers, has dismissed $4,000 dam
age suit which he brought against
the Sioux City Brewery company for
malicious and false prosecution and
| imprisonment. He settled his claim
for about $500, and also agreed to
leave Sioux City, where he has been
! for long time a thorn in the side of
| liquor dealers Once he was threat
ened with disbarment, it being alleged
that he eXtorted money from saloon
men.
/ In coasting accident on The Doug
1 las street hill at Sioux City, John
Yongnecker. 14-year-old son of John X.
1 Longnecker, travelling salesman for a
local wholesale grocery house, lost
| his life The boy was steering long
boo" on which were ten other boys
and girls. He was unable to steer
| out of the road of another bobsled
pulled by two horses and crashed into
it with terrific force. The back of
Longneckers head was caved in. He
was carried to the Samaritan hospital,
4 where he died about half an nour after
the accident
4 Thomas j. Phillips, late democratic
! candidate for governor of Iowa, in
1 open court at Ottumwa pleaded guilty
to the charge of kicking Editor Robert
! H. Moore on the public streets of
! that city, and was sentenced by Judge
| Roberts to pay fine of $25 and costs.
| The peace bond under which Phillips
| was held was then exonerated. Moore
now has $4,000 damage suit pending
| in the district court, which has been
assigned for trial, in which he al
| leges that his feelings We're wounded
| to that amount by the kick admins.
tered him by Mr.. Phillips
The case of Mrs. G. w. Dickinson
VS.. her husband. for divorce and
$4,000 alimony filed in the district
court at independence week before
last, has been settled out of court.
! 10 ,cfo %o n: