Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-06-07
RESPONSIBLE AGE \
Supreme Court Rules on a
+ Rather Unusual But Import
ant Question
YOUTH ASSUMES BURDENS

tinauish Between Safety and Danger
i to the Person-Ruring Made in Cast
Of Cripple Ordered to Leave.
Special to Times Republican.
Des Moines, June THE iowa su-
Ipreme court has decided the question
las to what age is to he regarded by the
EIoWa courts as the beginning of re-
fsponsibility for the child as to ordin-
airy care Of the person. The child is t.
tbe regarded as presumably irrespon-
Esible until the age OF IA IS passed, wher
the presumption is thereafter to bs
that the child 10 responsible. This is tt
Ibey without regard to the Temperament
Tor characteristics OF the child or Its
lopportunities for development Of men
jtal acuteness.
| The child sassumes political respon-
sibilitv at the age of 81, but the court
holds that personal responsibility is
another thing and in this state II
/ should be assumed at the age of a.
In other words 1t takes nearly twice as
! long for the child to develop political
responsibility as any other kind of re-
sponsibility.
| The case was one from Fairfield
| where a boy OF II, a cripple, was Or
dered off a train by the conductor, and
as he was a trespasser he did get of
while the train was In motion and was
severely injured. The court had in
istructed In regard to contributory neg
ligence Of the injured person that the
! jury should take into, account the age
of the plaintiff. The supreme court
Isays this was error. 1t was an infer
ence that because Of his youth he was
not responsible.
An examination OF very large
number of cases relating to the llabi1-
| ity of children. for contributory negli-
l'gence.' says the court, leads to the
conclusion that while in many Of these
no definite rule is announced they sub
stantially without conflict hold that the
presumption of responsibility attaches
at the age of Ia years, that prior to
that age there is presumed incapacity
which must be overcome in order to
defeat recovery on account of cof1tribu-
tory negligence by proof that the child
did not exercise the care and discre-
ton usual with, children OF similar
age. Which is assumed to be less than
that required Of persons of mature
efx.,ta; Ia nff 1,A
sumption is that there is capacity for
care and discretion with reference to
the usual affairs of lifee possessed by
persons of ordinary intelligence Ire
respective Of age, and that to authorize
the jury to-. take into account there
must be some proof that by reason Of
imrnaturity the injured person was
less capable than an ordinary prudent
person exercising care and discretion
for his own safety"
The Iowa courts have never before
had a rule. as to the age of personal
responsibility
In order to aid in enforcing the new
Iowa pure seed law and to combat
mail order houses outside Of the state
which will not come within it's pale.
eighteen Iowa seedmen me in Des
Moines and formed the Iowa Sediments
association. The new law prohibiting
the sale OF goods containing noxious
weed seeds in Iowa does not cover mail
order shipments.
The Iowa law, It IL claimed, will
work many 1ardships on dealers with
ia the state in competition for home
trade. The goods they put on the mar
ket must bear the pure seed label and
come up to> its standard. Iowa dealers
handling seeds in bulk or packages for
retail trade must also comply with
these provisions. However, outside
firms selling their goods by catalog do
not have to comply with it.
A lower grade OF seed can thus be
sold by the mail order firms at a lower
price than Iowa dealers can quote on
the more expensive grades which they
are obliged to supply according to the
law. Unless the buyers are educated
to discriminate in behalf of good seeds,
the Iowa business will be practically
by the outside houses with
their bargain counter prices. As an in
dication of what IL being done by OUT
side houses, the Iowa dealers give the
result OF an investigation made by the
Iowa State college at Ames. The Of
ficials, secured 1870 samples Of clover
seed shipped into the state and an
alysis showed that ninety eight of
them contained buckhorn and gouder
seeds and twenty-one Canada thistle
seed
Canada thistle and buckhorn seed
cannot be removed from other seeds
by any cleaning process. Other nox-
ious seeds can be removed by tanning
mills and other cleaning machinery.
State Dairy Commissioners Wright,
who will have charge of the enforce
ment of the pure seed law which goes
into effect July 4, met with the seed
men and explained the law. The deal
srs present agreed to comply with the
despite the hardships 1t will
impose upon them and also agreed to
aid him in enforcing the measure. In
addition to this, it WAS decided to send
out $4,000 circulars to Iowa dealers
calling attention to the new law and
laying stress on the danger of mail
order houses outside Of the state at
tempting to flood this section with
impure seeds. Further action will be
taken along this line soon:
The following officers were chosen:
President-Ch arles N. Page Of Des
Moines