Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-03-16
yImportant Decisions ;

| SUNDAY sLAWS-BARBER SHOPS.
a statute prohibiting generally the
Keeping open on Sunday Ct any place of
business for the purpose of transacting
business therein is not, as applied to a
barber shop, unconstitutional. as being
an undue restraint of personal liberty,
and depriving person of life, liberty
and property without due process OF
law, but is proper exercise of the po-
lice power of the state. The statute is
not unconstitutional as special legisla-
ton based on an arbitrary classifica-
ton. excepting from such prohibition
hotels, boarding houses. restaurants.
livery stables, retail drug stores and
such manufacturing establishments as
are usually kept in constant operation.
The keeping open for business on
Sunday Of barber shop connected With
a hotel is not a work of necessity.-11
Pacific Rep. CUtah, Judge HarD, 4S2.
HIGHWAY -INJURIES THEREON.
Where defendant drove his horse at
tcched to a delivery wagon, at fast
trot, thru a city street on which num-
Der of school children were walking.
and while looking around at some boys
who We're jumping on Tie rear or the
wagon, he ran over plaintiff. child =
years old, lawfully using the street. he
was guilty of negligence justfying q
verdict for the injuries sustained.-7l
Pacific Rep. California, Judge Cooper,
Sill.
DS-EXPULSIONS.
A railroad ticket containing full and
printed contract. signed
in ink by the purchaser. that 1t should
expire on date shown by punch marks
on it's margin, is conclusive evidence of
the contract between the passenger and
the railroad as to the time the ticket
continues in force. In an action against
the railroad for his expulsion from the
train. brought by a passsng who pur-
chased a ticket Of the character men
toned, he can not be permitted to show
that the ticket agent % the time OF
sale made statements contradictory of
the contract contained In the ticket
II Pacific Rep. (Kansas, Judge Burch),
S26.
NEUTRALITY-SUSPICIOUS. IN ROOM.
Where it was proved that during the
deliberations of the jury in criminal
case while they We're attempting to!
q gree on a penalty, one of the jurors
asked what sentence the defendant had
received on a prior trial, and another
juror stated that he heard it was fifteen
years, and acting upon this information
the punishment was assessed at fifteen
years, the conviction will be reversed
for misconduct of the juty.-71 South !
western Rep. (Texas, Judge Brooks),
964.
l. LOTTERY - WHAT CONSTITUTES.
Where the owner of a horse and !
buggy of less than $500 value sells the |
entire number of 200 tickets, numbered
from to 200 consecutively, for as many |
cents each as the number borne there
by. and the purchasers than shake dice
themselves to determine which |
one of them shall have the whole prop |
erty, the proceeding constitutes raf-
fle. and is not the establishment of a
lottery to dispose of the horse and bug
gy for which the owner would be in
Southwestern Rep. GTex-
as, Judge Henderson,, 914
PATENT-MISUSE OF.
Everything is useful within the
of the law if it is used or de-
signed and adapted to be used to ac-
good result, tho it is in fact
oftener used, or is as we'll or even bet
ter adapted to be used to accomplish a
bad one. Held, that patent on bogus
coin detecters, which have been used
exclusively to guard gambling ma
chimes. is not void for want of utility
S5 Chicago Legal News. 221.
New York.-Willlam III. Cromwell,