Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-07-02
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{1mportant Decisions
NEUTRALITY-SUSPICIOUS..

| Tn the case of Lane vs.. State. "a SO.
35S (Miss) 1t was held that one In
dicted for bIgamy must be acquitted
on that indictment If he can show that
the first marriage alleged In the in
dictment was void by reason OF the
| existence of a prior lawful marriage
| still existing The opinion of the
court Is as follows "rhe Indictment
charges that the appellant on the l2th
| day of january, 1903. married in Mis-
| slssippi. Teresa MILESTONE. having
| therefore married Rosa Pitts; Rosa
| Pitts being alive at the time OF the
marriage 10 Teresa MILESTONE. The
| evidence shows that appellant was
| married on the 9th day of September
1900. to Patty Morris, at carvllle. In
| the state OF Texas; second. that appel
liant married Rosa Pitts. ut RUSSELL
Vile. in the state of Arkansas, sub
| seauently whilst Patty Morris was stlll
living and his lawful wife: and third.
that afterwards whilst both Of these
women were alive. he married in this
state. Teresa MILESTONE. Under the
authorities cited upon these facts. 1t IL
obvious that the court should nave
given the twelfth charge asked by the
defendant. which Is IN effect, pre-
enptory charge. The first marriage al
legged In the Indictment being the one
with Rosa Pitts and that marriage be-
ing void because appellant had thereto
foro been lawfully married TO Patty
Morris. who was then living, and who
was also living at the time OF the mar
riage to Teresa MILESTONE. the defend
ant could not be convicted OF bigamy
under this indictment and proof"
""TURNTABLE DOCTRINE"
Plaintiff brought an action for the
death of child Of twelve years. killed
while playing about turntable main
tnined by the railroad on Its premises
In an unlocked and unfastened state.
The court held that the railroad Dwell
no duty to q trespasser, whether adult
or infant to have It's premises II,
safe condition. and that the mere fact
that tirntabc was temptation 20
The childish mind did not render the
company liable on the theory OF an IN.
piled invitation. The court said The
doctrine of constructive invitation Is
not sustained, az 1t seems to US. by The
English cases cited to sustain 1t, and
has been utterly rejected by the high
est courts Of New Hampshire. Masr.
New York. New Jersey, Rhode Island.
Michigan and West Virginia"
Walker VS.. Potomac, etc, r. CO.. 80
s. u. Rep. 1l3.
UNAUTHORIZED USE OF LITER
AIRY PROPERTY.
The supreme court Of Nebraska has
recently handed down an interesting
decision in regard to literary property
The state contracted with the defend
ant for the reprinting of volumes to
"a of the Nebraska Reports, the de-
PENDANT to print specific number OF
copies and to deliver them and the
plates to the proper official This the
defendant did, but at the same time
printed from the plate a large number
of copies Of the said reports which II
bound up and sold to its own profit,
netting therefron, as alleged by the
state, the sum Of Ss5.400. The state
brought an action to enjoln the further
sale OF such reports to require the de-
PENDANT to deliver to the state all cop
les In Its possession. and to compel an
accounting. The court sustained de-
murrer to the petition and dismissed
the cause, holding that the unauthor-
ICED use OF the literary property Of
another furnished no ground for the
recovery OF damages, except thru the
federal copyright laws: that the con-
tract created no trust relation either
expressly or by necessary implications.
and that the state had no title to the
books thus unlawfully produced so az
to enable 1T. by injunction, to prevent
the defendant from dlsposing OF them.
or to entitle the state to an accounting
Of the proceeds of such sales as had
been made by the defendant.--State vs..
State Journal Co., 100 N. w. Rep. 434.
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