Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-11-15
Decisions
(The following notes of cases are
from the West Publishing Company,
st. Paul, Minn)
Federal, PRISONER

N1He following notes OF cases are
from the West Publishing Company,
st. Paul, Minn.)
FEDERAL PRISONER.
negro having been convicted of a
crime which had aroused intense local
feeling, and being under sentence of
death, appealed to the federal supreme
court. That tribunal allowed the APP
peal and ordered all proceedings stayed
The community which had expected
the prisoners execution on the day set
by the state court was so aroused by
lnhammatory newspaper reports con-
corning the interference by allowance
OF appeal to the supreme court that
mob entered the Jail, took forth and
hanged the prisoner. In United States
VS.. Ship, 90 Supreme Court Reporter
6S7 1t appeared that the sheriff in
charge of the prisoner had not been
vigilant enough in guarding the JAIL
and that his resistance to the mob had
been too mild. There was even evil
dence to show an understanding be-
tween the officers and the crowd. In
an opinion from which three of the
justices dissented, the United States
supreme court. held the sheriff guilty of
contempt in failing to give his pris-
oner adequate protection.
WILD WEST SHOW.
The Texas statute imposes d license
tax on circuses and other exhibitions
where any equestrian or acrobatic
feats are exhibited. In State VS. Cody,
120 Southwestern Reporter, 267. it was
contended that a wild west show,
wherein was portrayed actual instances
that had occurred in the west, and
lacking most of the essentials of the
latter-day circusses. could not be taxed
as one. Judge Fisher, OF the Texas
court of civil appeals, by some mys-
terious method having managed, as he
says, to raise sum sufficient to pro-
cure ticket upon the arrival of the
| circus In town, was enabled to gain a
| better idea of the merits of the con-
tentlons, and noticed an absence Of the
| lady with the paucity of garments, the
trained hog, the bareback riders and
last, but not least, that genial artist
| mat delights ones soul by obligingly
photographing Our country cousins as
they appear upon the scene There were
few equestrian feats unless horses
hauling artillery, riding horses into
battle, or using them in an attack upon
Indians or stage robbers, were so
termed. The conclusion was that the
performance did not constitute cir
tcus, and that it was Improperly taxed
as one
BURGLARIOUS ENTRY.
A rather novel case arose in Jenkins
vs.. Louisville Home Telephone Com
pany, 100 Southwestern Reporter, 276,
wherein plaintiff alleged that a tele-
phone pole had been placed so near her
residence against her protest that a
negro burglar had been enabled to
climb into her window. Immediately
following his entry. he assaulted and
bruised her threw carbolic acid into her
eyes to prevent his Identification, and
thus caused her great mental and phys
ical suffering The Kentucky court of
appeals maintained that as any build
! ing, not nuisance, might have been
erected on the site of the pole, regard
/ less of it's availability as a means of
burglarious entry, no liability sprang
from the erection of the pole itself
Plaintiffs duty was to secure her win
dows and take steps to protect her
property, which she had failed to per-
form.
RIGHT TO BE LET ALONE.
One complained that his picture had
been published in a prominent part of
a large newspaper, representing him as
driving an automobile, wherein were
several other persons. The picture was
easily recognized by friends and ac-
tquaintances and attracted much at
tention. Below 1t, in heavy black type,
was this startling inscription: Only
s10.50," followed on the succeeding
line, in displaytp,e by this explanatory
information: "The Auto Goats Worn
by the Above Autoists are Water
Proof, Made of Fine Quality Silk Mo-
hair-s10.50-I Four Colors" In Hen
ry VS.. Cherry g. Webb. 70 Atlantic Re-
porter, 81, plaitiff denied being a public
character, denied that he had waived
his right to privacy. and alleged that
his picture had been published without
his knowledge or authority, and that
the effect of the publication was to
make him the object of much scott
ridicule and public comment, and that
1t violated his right of privacy, SUBJ
jectfng him to suffering thru mental
anguish. The Rhode Island supreme
court ruled that there being no COM
mon law right OF privacy allowing
damages for the publication of ones
picture In a mercantile advertisement,
and the statute having given none
plaintiff could not recover
POWER OF GOVERNOR.
4 One Patrick, having been convicted
of murder in the first degree, was SEN
fenced to death, when the governo,
committed the sentence to imprison.
ment for life. In the habeas corpus
proceeding, People ex rel. Patrick VS.
Frost. lit New York Supplement 524
both Judgment and Communication were
attacked. Ut was contended that g
punishment Of death could not be com.
I muted. The New York supreme cour
was without doubt that the governo,
had power. to commute a. In this case
Nor could the,relator be followed to The
conclusion that, perforce Of the ex-
eoutive action in his case. he must be
discharged. His argument seemed Il
be that the governor could hot com.