Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-06-14

da. born in Great Britain, married to
a Spanish subject, dwelling in this
country, applied for naturalization.
The United States district court in Re
Rionda, 1854 Federal Reporter, 36S, held
that, as the federal statute provides
that an American woman who marries
a foreigner loses her citizenship dur
ing the marital relation, 1t was diff
cult to see how foreign-born mar
ried woman was in a position to ac-
quire the rights given by naturaliza-
ton. The application was denied.
TILE ELUSIVE OCTOPUS.-In the
Standard Oil Company of Indiana VS..
u. S. 1874 Federal Reporter, 376, the
corporation was indicted for receiving
concessions from a carrier. 1t appeared
that defendants capital stock was held
by the Standard Oil Company of New
Jersey, whose capital stock was $780,
O0O, 900 The latter was a holding
company. The offense was committed
by transporting oil in 1912 cars under
the illegal rate. Tn the indictment and
upon sentence, the use of each car was
dealt with as a separate offense. At
taching the maximum penalty, the fine
aggregated $29,400,000. The United
States circuit court of appeals held
reversing the decision of Judge Lam
dis, 1856 Federal Reporter, 1859 that the
offense consisted of the receipt of the
concession, and constituted single
transaction; that it was apparent that
the holding company was the real
quarry, the plan being to encompass
the punishment of the octopus thru the
correction of the tentacle; that altho
the fine was only one-third the net
revenue of the holding company, 1t was
excessive when assessed against the
Indiana corporation, and would bank
rupt it; and the court having no juris-
diction of the New Jersey corporation,
which had not even been indicted, 1t
was fineproof.
REGISTRATION OF OSTEOPATH.
The statute Of New York makes doc
tors of osteopathy physicians. The
Sanitary Code requires every physician
in the city of New York to register his
name with the department of health.
Unless one were so registered, any pa
tient dying while attended by him
would be subjected to coroner's in
quest, in order that a burial permit
might be obtained. The respondent in
Banded VS.. Department of Health, So
Northwestern Reporter, 1867, appreci-
ating the disadvantage under which an
osteopath not registered as physician
was placed, owing to the fact that few
people would employ one whose ser
vices might be followed by the I'M
pleasant inquest Of coroner, applied
for registration, which was refused
The court of appeals of New York held
that he was entitled to registration,
which might be compelled by man
damus.
HORSE RACING ON STREET. - A
commercial club, for the purpose Of
enlivening local commerce, arranged a
holiday celebration, one of the features
Of which was the racing on the main
street of several wild, unbroken horses,
ridden by small boys. AS the animals
attained the velocity natural to equine
participants in a test Of fieetness, one
into the street. The impact of one of
the running horses resulted in over
turning his vehicle and in injuries to
himself. 1t appeared that the munich
pality had failed to pass an ordinance
prohibiting horse racing on its streets,
and that 1t was not empowered to
provide for such celebrations. In
Marth VS.. City of Kingfisher ct al, IS
Pacific Reporter, 436, the city was
sought to be held for damages on the
ground that these speed contests con-
stituted defect In the street The su-
preme court of Oklahoma held that q
municipal corporation was not liable
for failure to exercise a governmental
power like passing an ordinance, an6
that the injury complained of did no.
result from any defect or want Of re.
pair Of the highway. The Commercial
club, however, that supervised the
race, was held liable to the party in.
| jured.
BULK SALES LAW.-The Bull
Sales law of Illinois provides that al
sales Of merchandise not in the usua
course OF trade will be presumed fraud
fulent unless certain formalities de
signed to protect creditors are com
piled with. One who had been unsuc
lcessful in the grocery business sol,
her stock at a fair price and apple,
the proceeds on note which she owe,
Ia bank. In Charles j. Off & Co. VS.
Morehead, IS Northeastern Reporter
264, 1t was contended that this sale wa
void on the sole ground that the for
malities required by the Bulk Sale
law had not been observed. The su
preme court of Illinois held this ac
unconstitutional, as 1t singled out
particular class and imposed burden
upon them from which all other classe
are exempt, thus depriving them of lib
erty and property, in that they are nc
, permitted to contract in respect to
: particular kind Of property subject
, the same laws applicable to othe
| classes Of property.
GROSS EARNINGS.-As to whs
income or earnings received by raj
, way company should be included with
. in the term gross earnings" was tt
lquestion recently before the suprem
court of Minnesota in State VS.. Mir
nesota & I. Ry. Co., 11s Northwester
Reporter, $40. The corporation cor
tended that the term was limited |
receipts and expenditures on accoul
= Of the operation Of the railroad, ar
that If it were taxed upon its gro.
0 earnings received In operating lease
portions of the track. and the less,