Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-03-14

| S|uAd " = OldTLOH, secretary.
Important Decisions
1.-THE following notes OF cases are
| from the West Publishing Company,
| ST. Paul, Mimi
MUNICIPAL REGULATIONS.
| A question Of much interest is pre-
sented in the case Of the village Of Ex-
celsior VS.. Minneapolis & st. p. Street
Railway Company, 122 Northwestern
Reporter. 4s6, in which it appeared that
the ordinance by which defendant was
authorized to operate within the viii
lage limits provided that the payment
of scent fare should entitle pas
senger to a continuous ride between
any two points wA.hin the village lin.
its located on any line OF the company,
and later ordinance required all COM
panies operating cars within the VIII
lage limits to stop at any and all street
crossings when desired by any person
desiring to enter or aligtt. Mandamus
proceedings were instituted to compel
| the stopping Of cars at a certain street
crossing. The railway company urged
as a defense that the ordinance il
question was illegal and void. The
Minnesota supreme court agrees with
| this contention, saying that it can no,
| be upheld as an exercise OF police pow.
| er, because there Is no restriction I'm.
| posed other than that requiring thu
stoppage Of cars when any person OF
persons require to enter or alight from
such cars; there being no attempt
| whatever to impose any regulation for
| Nf f1fs l<Ve
or Of persons using or occupying the
street. Weight is also given to the fact
that the defendants business largely
consists in a thru traffic between points
outside of the village limits, and if the
ordinance were upheld 50 as to allow
the village to compel stopping Of cars
at every street corner, the interurban
company might be driven out OF bus
mess by competing railroads so located
as to be able to handle the thru traf-
| fic. A final consideration is that the
distance between the place at which
cars are sought to be stopped and one
at which defendant offers to make
stops is SO inconsiderable rs to not
seriously interfere with public COM
venience.
| BUSINESS OF RIVAL. 80
| Citizens Light. Heat e. WaterkR Flower
Company and the Montgomery Light
& Water Power Company are rival cor
porations. engaged in the business Of
furnishing light and electric power to
the people OF Montgomery, Ala. III a
recent case brought in the circuit court
Of the United States for the middle
district Of Alabama, it was alleged by
the Citizens Company that the Mont
gomery Light & Water Power Com
pany was trying by illegal means to
drive complainant out of business;
that it sent out solicitors who ma
| liciously circulated false and libelous
statements relative to compliments
business and solvency, and attempted
to induce customers to break their
contracts with complainant and pa
tronize defendant. Injunction was
asked to restrain all OF these illegal
acts. While denying the right to re-
strain libelous publications, the coult
holds that in this instance defendants
went somewhat further than the law
allows in seeking business. and that
complainants are entitled to injunctive
relief to the extent Of restraining de-
PENDANTS from agreeing to indemnify
complainant's customers against
breaches of their contracts. The case
is reported in III Federal Reporter,
'553, under the title Citizens Light.
Heat & Power Co. VS.. Montgomery
Light & Water Power Co.
| JUDICIARY ELECTION.
BY Sess, Laws 1909. p. 256, c. SO.
! the legislature Of Nebraska enacted
that candidates for Judge Of the SUI
preme court and certain other officers
shall not be nominated, endorsed, rec
commended, censured, criticised, or re-.
ferred to in any manner by any prf-
mary election; and no party name, or
designation shall be given on any bal
lot to any candidate for any OF said
offices, and hereafter all candidates for
all Of said offices shall be nominated
only by petition and no candidate for
any Of said offices shall appear on any
party ticket" The validity Of this act
is assailed on constitutional grounds in
State VS.. Junkin, 122 Northwestern Re-
porter, 473. Referring to the article OF
the bill Of rights, providing for freq
speech, and the one prohibiting abridg1
ment of the right Of the people ia
peaceably assemble,Lthe Nebraska SUI
|preme court says that a political meet.
ing or convention is an assembIaga
and the right Of the citizen to speak
and write does not terminate when he
enters such an assemblage.
On the substantive question an
/ TO the VdllulLy 0u0 SIAIs
utes, it is held that they are noi
unconstitutional, as constituting dele-
CATION OF legislative power to the com.
mission authorized to fix rates. nor ID
lit sufficiently shown that their opera
ton will constitute taking Of the props
lerty Of defendants without due procesS
Of law because Of being conflscatory In
their nature, especially in view OF the
fact that the rates have never beck
tried and their effect Is still mer<
matter OF conjecture. aided by e1
parte affidavits.
during his life, but didn't hnd II thai
/ way at ALL
'.That so?" asked Sivers. What waa
your experience?
81 thought OF all the good things I'd
done.'
"Ges!" calculated Slivers. sYsu mus
have come mp awful quick"
The Yellow peris.