Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-04-11
, Important Decisions
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ELECTION OF DRUNKEN PAssEN-
GER

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ELECTION OF DRUNKEN PASSEN-
GER.
A railroad company had the right. by
its brakeman to eject a drunken pas
senger who was boisterous and violent;
and therefore incurred no liability
therefor, no more force being used than
was necessary. If the passenger, after
being properly elected, was injured by
his own wrongful conduct in running
beside the moving train with the inten-
ton to get on again, the company owed
him no legal obligation to stop the train
for the purpose of ascertaining whether
he had been injured. 66 Southwestern
Rep. (Ky.. Judge Burnam) 1861.
MUNICIPAL ORDINANCES.
municipal ordinance prohibiting
pool selling on horses races, and pro-
viding for punishment against any
saloon keeper permitting pool selling on
his premises, is void, being in conflict
with state law licensing the selling of
pools on horse races. When the legis-
lature has licensed any business or oc-
cupation, it can not delegate authority
to a municipal corporation to create or
pass ordinances violative of that law,
either by repeating or suspending it. &c
Southwestern Rep. (Texas. Judge Da-
vidson) 100.
INJURY TO PERSON.
One riding on pass, given without
consideration, and after assent to con-
ditions that he should assume all risk
of accident and that the railroad COM
pany should not be liable, can not re-
cover of it for injuries from negligence
of it's servants. The fact that the Civ
ing of the pass was breach of the fed
eral statutes in reference to interstate
traffic is immaterial. 113 Federal Rep.
maine, Judge Putnam) sos.
INJURY TO PASSENGER. ;.
A boy of nearly ~ years without in
vitation, express or implied, got upon
the step of the front platform of a NOV
ing electric street car, meaning to be-
come passenger on the car. Access to
the platform was barred by a closed
door, the place provided for ingress to
the car being at the rear platform. He
raped on the door, and the motorman
looked toward him, but did not open the
door, or stop the ear, or lessen it's speed
The car struck a wagon, and the boy
was thrown off and injured. Held, in
an action against the company operat-
ing the street railway to recover
damages for such injury, that the
plaintiff could not recover, because the
company owed him no duty except to
abstain from any willful injury 81
Atlantic Rep. IN. J.) 463.
INTOXICATION AS DEFENSE
Tho drunkenness is; in general, no
excuse for crime, one accused of break
ing and entering a dwelling house with
intent to steal, who thru intoxication is
in such stupor as to believe in good
faith that he is entering another house,
where he resides, can not be convicted
of either phase of the offence. 81 At
lantic Rep. (Delaware) GOT.
MONEY EXTORTED.
One who EFFORTS money from another
can not set up in defense to a suit for
the money extorted that he acted as
agent, and has paid the money over to
his principal. 81 Atlantic Rep. IN. J.)
4S7
A PLEASED PROHIBITIONIST.
w. Howard, of this city, writing from
Lake Mills, says:
Editor Times-Republican: Your eii-
torial of the Sth. discussing the assess
ors action of Cedar Rapids in assessing
the mulct law against drug stores is
really cornmendable and meets the Oft
en- expressed sentiment of Iowas cit-
zens. In travelling thru the state find
no question more generally discussed
and the people more nearly united in
opposition to whisky shops" under the
insignia of drug stores than on any
other public question. 1t seems to be
the unanimous verdict of temperance
advocates, and the prohibitionists, as
well as all classes favoring the sale of
liquor under license, that the drug store
of Iowa, which sells whisky as a bev-
erage, is the bane for evil, that 1t is
the center of perjury, the inducer of
false statements and the breeder of
hypocrisy. That 1T furnishes rendez-
vous for the cowardly drinker who op-
poses the saloon. 1t is considered class
legislation in the extreme and is un-
derstood to delegate to incompetent and
often unprincipled persons the power
to dispense so-called medicine with
out the least competency of determin-
ing whether the purchaser has an all
ment or what is the proper remedy in
case he has. Under Iowa's statutes the
saloonkeeper has the same authority to
diagnose and prescribe remedies as the
druggist, and may be equally compe-
tent. Then why should the druggist
deal out intoxicants except on a physi-
clans prescription. without paying the
mulct tax? is the unanswerable query
of Iowa's voters today.
The fair play" citizen demands, and
has for years, such public expression on
our drug store criminality as the T.-R.
has now given us. Since the ball is put
in motion let the press of the state Wig
orously handle this question, until the
scales of justice balance the saloon and
the drug store. w. HOWARD.
The state insurance department of
Wisconsin has collected in taxes and
fees and turned over to the state treas
urer for the first quarter of this year
$43S,25SS which is $4,000 more than
for the same period last year.
The tariff committee of the federal
houses of representatives at Melbourne,
Victoria, has fixed the duty on cotton
and linen piece goods at per cent ad
valorem.