Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-06-18
NOL|N|I 70 CRACKERS
Impression That Size of Fire
Crackers is Limited in
Iowa Wrong
THE LEGISLATION FAILED
LEGISLATION
FAILED
Bill Which Was Before ths Legislature
Did Not Pass Both Houses-Expcct-
Cd That a Similar Measure Will Be
Offered Next Winter-,An Interesting
Case in Court.
Special to Times-Repulhican.

Special to Times-Repul,lican.
Des Moines, June 1S.--There is alb
solutely no law restricting the size of
fire-crackers in Iowa and a person can
make one as big, as q. house and fire 1t
off, so long as he does not interfere
In the rights and liberties of other
citizens. Representative Offil of Jas
per county, at The session of the leg
islature last winter introduced bill
which was wioely discussed both in
the legislature and in the newspapers
tire-crackers and made other restrlc-
tons concerning, the use of explosives
such as have been endangering the
lives Of citizens and causing deaths
every Fourth of July. The publicity
that was given the measure has lead
many people Of the state to believe that
it bee me a lstw. The fact that 1t
passed the house also contributed to
i that end. The bill failed in the sem
ate and thus did not become law.
1t, or one similar to 1t. will be intro
duced in the legislature at the session
next winter and some prohibition may
some day be placed on the statute
books. The only law governing the
use of explosives are the general laws
of the state. There is nothing on the
statute books governing the size of a
fire-oracker directly, nor the kind of
explosives that can be used, and Moth
ing governing The sale of such. Ii a
person Injuries another by the explos-
ion of giant .ire-cracker he is liable
for the damage he has done. If per-
4 son carries a revolver on the Fourth
OF July and carries it concealed. he is
liable for arrest for carrying concealed
weapons, whether he is using only
blank cartridges and carrying it for
patriotic uses or otherwise.
A large number Of inquiries are be-
ing made because Of the publicity the
1ire-cracker bill got last year but dur
ing the entire session there was no
legislation passed which in any way
changed the fire cracker proposition
and Young America In Iowa this year
can cut loose ir. the same old-fashion
ed way and blow his fingers and toes
off, for all the laws of Iowa are con-
cerned, and dealers can. go right ahead
selling the stuff to do 1t with.
An appeal to the supreme court has
been taken in the case of the American
Express Company against the Des
Moines National Bank for the recovery
OF $4,000 which the express company
was forced to pay to the Bank of Irwin
5 in Shelby county because of the discov
cry that Il package alleging to contain
$4,000 was found on its delivery to
contain only strips of newspaper, cut
the size Of money. The case has been
in the courts ever since 1902 and at
tracted wide attention because of it's
peculiarities as well as the law points
involved. After the bank of Irwin
had won in the suit and the supreme
court had sustained the lower court
and the express company had been
compelled to pay over the $4,000 that
was in controversy, Carl Nj. Spencer
one of the clerks of the DeS Moines
National Bank, from which the money
was sent, confessed to the robbery of
various sums of money from the Des
Moines National. This at once raised
the suspicion that the package deliv-
cred by the bank to the express COM
pany never contained anything but
paper when it was delivered to the ex-
press company On the confession of
Spencer, the express company began
suit against the Des Moines National
to recover the $1,000 which it had been
forced to pay to the Bank of Irwin.
The suit was in the Polk district court
and the express company Won The
bank is now appealing to the supreme
court. At the same time after confess
ing to the crime Spencer pleaded not
guilty in the federal court and is stand
ing trial with some possibility that he
will get off.
The package alleged to have contain
ed the $4,000 was delivered by the Des
Moines National to the American Elk
press company Oct. 90, 1902 The eX-
press company is now suing for the
recovery of this $4,000 and its costs in
the first litigation. all of which now
amount to ISABELLE.
go
If a notary public cannot fill out
bond properly is he or she fit person
to be a notary? This is the time of
the wear when notaries must renew
their bonds in order to be appointed
and they are coming in by the thou
sands. There were 7,141 issued last
wear and Of the, new ones and renewals
that are coming in about ten per cent
fail to properly fill out their bonds.
The governor has absolute discretion
as to issuing a notarial commission
and some thought is being given to re-
fusing commissions to those who can
not properly fill out their bonds, es-
pecially in view of the fact that the
blanks furnished By the state have
the directions printed in full on the
outside in the English language The
notaries must serve the public in fill
ing out numberess papers of which
the minor details are all of vital i'm
portance. If notary fails to attach
a seal to document it is no good. It
! then he fails to attach his seal to his
bond when this is demanded will he
not also be negligent in attaching his
sea, to important public documents
and thus do incalcuable damage and
injury that Is beyond remedy? The
bonds that are now coming in to the
secretary of state are being scrutiniZed
and when found deficient are laid to
one side. Just what will be done with
them is not de initely decided 1t may