Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-04-30
: important Decisionsy
M1rN1c1pAI. Fr-EJ. PLANTS.

MUNICIPAL FUEL PLANTS.
An application Was recently made to
the justices of the supreme Judicial
court of Massachusetts for an opinion
on the constitutionality of a house bll
designed to authorize the municipal
corporations OF the state to establish
and maintain WOOD and coal yards at
which the people could be supplied with
fuel. In the main the answers We're ad-
verse to the validity OF the measures
proposed. See 66 Northeastern Rep, 20.
In view of the recent establishment OF
municipal fuel yards by many OF u
cities, the opinion of the Massachusetts
court is interesting. In one part OF tne
opinion the court says: If men OIL
property, owning coal and wood yards,
should be compelled to pay * for the
establishment of a rival Goa yard by q
city or town, to furnish coal at cost,
they would be thus forced to make con-
tributions of money for their own i'm
poverisbment."
PAYMENT TO WRONG PARTY.
A bank issued a pass-book to a de-
positor, in which there was printed the
following bylaw: "As the officers OF
this institution may be unable to identl-
fy every depositor transacting business
at the bank, the institution will not be
responsible for loss sustained when the
depositor has not given notice of MS
book being stolen or lost, If such booK
be paid in whole or in part on present.
ment." The bank made payments, first,
to q person who falsely Dersonated the
plaintiff; and second, upon orders to
which plaintiffs signature was forged,
the pass-book being presented in each
case. The bank did not have the plain
tiff's signature upon n book so that
it could be easily and speedily referred
to for the purpose of comparison. Plain
tiff sued for the amount of these pay
ments, and it was held that he could re-
.cover.-52 Atlantic Rep. (Maine), 1.012.
TAX ON DELIVERING AGENT.
A municipality enacted that every
person engaged in selling or delivering
picture frames within the city should
pay O certain license tax, and, on de-
fault, a penalty for violation. A for
eign corporation shipped frames and
pictures separately packed to the de-
PENDANT, its agent, who was sent 70
make delivery upon sales previously
made. Defendant unpaeked the goods,
placed the pictures in the proper frames
and delivered them without taking out
the required license. The United States
supreme court. on review of a judgment
for violation. held that the ordinance
was unconstitutional and Invalid as a
regulation Of interstate commerce.-23
Supreme Court Rep. (Ncrth Carolina
easel, 229.
INDUCING EMPLOYEES DISCHARGE
An apprentice stone mason was dis
charged by his employer thru the in
reference by a labor union, which
threatened to withdraw ether laborers
in his employ If he retained a nen-unfon
employee. In an action for damages
against the labor union, it is held. by an
English court, that the person dis
charged may recover for the -interfer-
ence with his CONTRACT Kings Bench
Rep. 1872.
This decision is based upon n firm
ly sustained by the line Of English au-
thorities. A division in the American
cases has arisen pon the question of
whether the interference was malicious
or not. M
HUSBAND AND WIFE.
A husband contracted for the build
ing Of a house on the lot which vas the
property of his Wits ans so appeared
upon the record But IN contracting for
the building the husband treated the lot
as his own, and the material man relied
upon it. The wife knew hat the hus-
band made the contract in his own
name. The value Of the lot was en-
HANGED many times, and the husband
became %insolvent without paying for
~. /. okou;ol LIa1J tho< Tho ir,rroyyod
lot is subject to the payment for the
material.-92 Northwestern Rep. Mich
igan), 784.,