Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-06-20
tlmportant Decisions!


The supreme court of the United
States In an, opinion handed down on
April 90, 1906. (not yet reported) mas
held that where the civil law. as exist
ing in Porto Rico at the time Oh the
acquisition by the United States pro-
vides a remedy for certain wrong
that remedy must be applied and the
United States courts of the island nave
no right to apply common law remedy
Mr. Justice Day. who delivered the
opinion of the court SAID The case az
fords a striking Illustration of the dlf-
fculty OF undertaking to establish
common law court. and system OF 1ufls-
prudence In country hitherto govern
ed by codes having their origin IN lhe
civil law, where the bar and the people
know little of any other system Oh
Jurisprudence. The action tn TINS case
was begun and tried upon pleadlhss
and under principles which are cohtfoi-
ling In a state following the common
law, having its origin In England, ana
the case was submitted to the jury up
on general principles governing such
actions for the recovery of damages
for the seizure of property upon writs
of attachment issued maliciousiy ana
without probable cause. Inc actloh
proceeded In all respects In form ana
substance as it would had 1t been begun
and prosecuted in common law state.
Cases which have come to THIS court
from the Philippines and Porto Rlco'
where we have had occasion to consider
the enactments making changes In the
laws of these islands, show the DISPOSE
ton of the executive and congress not
to interfere more than is necessary
with local institutions, and to engraft
upon the old and different system OF
Jurisprudence established by the civil
law only such changes as We're deemed
necessary in the interests of the people.
and in order to more effectually con-
serve and protect their rights. Citing,
Kepner w. United States, 195 U. s. 100,
1872. This policy has been followed
with the Porto Ricans. Presidents
message. December 5, 1899. Walton's
Civil Law In Spain and Spanish Amer
lea. 594. The new civil government was
established by the act of April IL, 1900,
commonly known as the Foraker act 81
Stat II. Section s of that act pro-
vides: THAT the laws and ordinances
of Porto Rico now in force shall con-
tnue In full force and effect, except as
altered, amended or modified therein
after, or as altered or modified by mill
tary orders and DEGREES in force when
this act shall take effect, and so far as
the same are not consistent or in con-
lict with the statutory laws of the
the United States not locally inapplic-
able or the provisions thereof, until
altered, amended, or repealed by the
legislative authority hereinafter pro-
vided for Porto Rico or by act of con-
gress of the United States"
GRAND JURORS OBLIGATION.
Respondent was member of a
grand jury which returned an indict-
ment against several persons for vio-
lation of the internal revenue laws.
Subsequently, and before the defend
ants We're brought to trial for the Of
Tense charged, he disclosed to the at
torney for the defendants the testi-
mony given before the grand jury This
fact being brought to the attention OF
the court, rule was issued against
respondent requiring him to show why
he should not be punished for con-
tempt of court. The court imposed
fine of $4,000 and costs, but continued,
unless removed by the court in the in-
terest of justice. and that a disclos-
ure of the evidence given before the
grand jury was a contempt regardless
of the purposes for which such dis
closure was made. In re Atwell, l4O
Fed. Rep. 36S. On. c.
THE CHICAGO CANAL CASE.
The United States supreme court has
recently held that the discharge into
the Mississippi river thru an artificial
canal, of the sewage of Chicago, mixed
with large volume of pure water from
Lake Michigan would not be enjoined
on complaint of the state of Missouri
that the result of such action was to
poison the water supply of its inhabit-
ants, where the evidence, tho disclosing
an increase in the deaths from typhoid
fever in st. Louis, left it doubtful
whether the typhoid bacillus could and
did survive the journey and reach the
intake Of st, Louis in the Mississippi,
and showed other possible sources of
infection in the discharge of sewage
above the st. Louis intake from other
towns and cities, some of which We're
situated in Missouri. The bill was dis
missed.
Missouri vs. Illinois, Is Sup. ct. Rep.