Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-07-09
Important Decisions
rCompiled by West publishing Co.,
st. Paul, Mimi
REPRESENTATION OF ALIENs,

The question of the right Of a man OF
foreign birth to be- registered as an
elector on his mere declaration Of in
tention to become citizen has Just
been decided by the Alabama supreme
court in Gardina VS.. board of regis
trars, 4s Southern Reported, 1888. The
uncertainty in the meaning of the con-
stitution of 1901 seems to arise when
considered in connection with the con-
stitution of 1875. The latter provides
(section ~ that all residents, born In
the United States, or naturalized, or
who have declared their intention to
become citizens OF the United States,
are citizens of the state. The consti.
tuition of 1901 (section 100 provides
that every male citizen Of the United
States, and every male resident of
foreign birth, who, before the ratifica-
ton Of the constitution, has declared
his intention to become citizen of the
United States, shall be an elector, pro-
vided all foreigners who have declared
their intention to become citizens of
the United States shall, If they fail to
become citizens thereof when entitled
to become such, cease to have a right
to vote until they become citizens. The
code follows substantially the consti-
tuition of 1901. The applicant, a man
of foreign birth, declared his Intention
of becoming a citizen after the patifica-
ton Of the constitution, but failed to
perfect his naturalization, and was not
citizen when he applied for registra-
ton In upholding the action of the
registrars in denying the right to regis
no "a ,1n1or
listing laws. foreigners who have mere
~ declared their intention to become
citizens of the United States, but who
have not perfected their naturalization,
have no right to register or vote in the
state, and 1t is regarded as doubtful
whether the legislature can confer the
right.
SUNDAY BASEBALL.
An interesting history of the national
American game is given by the SUI
preme court OF Kansas in state vs..
Prather, 100 Pacific Reporter, 81. A
statute of Kansas provides punishment
for horse racing, cockfighting, or play
ing at cards or game of any kind on
the first day of the week, commonly
call"d Sunday" Prather was charged
with playing baseball on Sunday. and
convicted of an offense under this
statute. He contended that the word
game" as used in the statute should
be construed only to include sports OF
a similar character to those specif1cal-
ly enumerated, and should therefore
be held toi exclude baseball. The SUI
preme court takes the same view of the
matter 1t discusses the rights and
history of the game from its origin in
1899, and following the decision of the
Missouri supreme court in eN parte
Meet, 1857 Mo. 527. 81 S. w. 1925. so
Am. st. Rep. s3s, says that 1t IS game
of character entirely distinct from
those specifically enumerated in the
statute. and, being one which is urged
upon the youth of the land as tending
to increase health and physical de-
velopment. the ban of the law should
not be placed upon 1t unless it be
shown that the legislature specially so
intended; and as the statute is penal
in nature. requiring strict construc-
ton, 1t is held not to prevent Sunday
baEeball
FORFEITURE OF CHARTERS.
The Missouri supreme court in state
ex INF. Haley vs. Standard Oil Com
pany. 116 Southwestern Reporter, 9O2-
1862, convicts the Standard Oil Com
pany, the Waters Pierce Oil Company,
and the Republic Oil Company of New
York Of violating the antitrust laws Of
Missouri Grew. st. 1899, C. 143 lam.
st. 1908, Sections 1866, s992D. We can
only refer to a single interesting point
as to the Waters-Pierce Oil Company,
domestic corporation. A judgment
OF custer was rendered against it, but
the judgment was ordered suspend
ed on proof that the company had
severed all connection With the other
corporations In maintaining trust to
control the price of petroleum, and
| would refrain from all such combina-
ton. and that 1t would furnish satisfac-
tory evidence of Its compliance with
| the judgment and its intention in good
| faith to cease all connection with the
other condemned corporations, and
carry on its business in obedience to
It's charter and the law In attempted
compliance with the judgment, the d.
reetors of the company adopted a res
olution protesting that 1t had never
knowingly violated any state law, but
that it accepted the conditions Of the
I
ton its willingness to abide by the
same. The court holds that this res
olutiQn was not only failure to COM
ply with the conditions offered, but
tended to show that the company was
not able or was not inclined to sever
the trust relations and in fact comply
with the conditions Of the decree The
judgment of custer, therefore, became
absolute and unconditional.
PROHIBIToRY LIQUOR LAWS.
The Alabama prohibition law (Gen.
st. SIP. Sess. 1907, p. II, u makes it
unlawful to sell any alcoholic, spirit
uous, winous, or malt liquors intoxica.-
ing bitters or beverages, or other IL
quors or beverages, by whatever name
called, which. IL drunk to excess, will
produce intoxication. The defendant In
Marks VS.. State. 4s Southern Reporter
1874, was convicted Of selling beve--
age known as mead or metheglin, con-
tanning about 1.4s per cent alcohol. The
Alabama supreme court, in reviewing
the case, defines separately each Of the
several kinds II liquors referred to, and
construes the phrase, (which If drunk
to excess will produce intoMcation," as
qualifying oT. referring only to the
clause, "or other liquors or beverages
by whatever name called" which inn
mediately precedes 1t. The term "alco-
holic liquors." as used in the law, the
court concludes does not necessarily in
clude every article or compound which
contains alcohol. On the other hand