Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-03-04

other kind of property. This being
true, the question then arose as to
| whether the statute constituted an in
! reference with property rights and in
| terstate commerce. The court comes
unhesitatingly to the determination
| that it does, and that it is therefore
| in violation Of both the national and
state constitutions. The decision closes
with a rhetorical peroration denounc-
| ing the act in the strongest terms as
| being utterly Inconsistent with western
| hospitality and southern chfvalry in
| attempting to shut out sister states
from enjoyment of portions of the ma
tural resources of Oklahoma in ex-
change for other desirable commodi-
I ties.
| CHARITABLE DEvnSES.
| Adolph Sutro, a wealthy resident OF
| California, died in 1898 leaving will
| which, after designating various speci-
| ic requests and deyises, provided that
certain OF his land should so in trust
nito the hands of his executors to be
eventually turned over to board of
| thirteen trustees, who were to sell the
property and apply the proceeds to
such charities, institutions Of learning,
and science, and for premiums to be
\
ships, and scientific discovery and in
ventions, as shall be directed by my
| executors" The constitution of Cal
ifornia provides that mo perpetuities
shall be allowed except for eleemosyn-
| airy purposes" The california supreme
court in Re Sutro's Estate, 100 Paclhc
Reporter. 800 held that the purposes OF
| the trust as directed by the will were
| not at all of an eleemosynary charac-
ter, and that the testamentary trust
was therefore void
DISSOLUTION OF TRUST.
The United States circuit court OF
appeals for the Eighth judicial district
has just handed down a decision in
United States VS.. Standard Oil Com
| pany of New Jersey, 173 Federal Re
porter, III, dissolving the defendant
company as a stockholding corporation.
The suit which has thus been brought
to successful termination was COM
menced by the government in 1905. The
court reviews the development of the
Standard Oil Company from its COM
,nencement as a partnership until the
present time and enters the following
decree, in substance: That the Stand
ard Oil Company Of New Jersey, be
enjoined from voting their stock in any
Of the defendant companies which II
acquired by virtue of such combination
and from exercising or attempting to
exercise any control, direction, super
vision, or influence over the acts OF any
Of the companies by virtue of its hold
ing of the stock and power secured
thru such combination: that the other
defendant com panies, which are parties
to the combination, be enjoined from
= x>;0 RI iyyi6 and
the Standard Oil Company on account
of any stock acquired by it thru such
combination; and from permitting that
company to vote such stock. or to di-
rect the policy Of any such companies.
or to exercise any control whatever
over their corporate acts by virtue OF
the stock or power which it secured by
means of such combination.
INSURANCE POLICY.
The answer to this question is one
of the discriminating features of the
case of Homestead Fire Insurance
Company VS. Ison, SIS Southeastern Re-
porter. ,4e3. The policy was dated Feb
s, 1907, to take effect at noon Of that
day, but was not delivered or ten
dered for delivery until on or about the
18th Of February. The insured proper
ty was injured by fire on the 10th day
OF March, 1907. The policy provided
that an invoice Of the stock of goods
should be made within thirty days
from the issuance of the policy. This
not having been done when the loss
occurred on the tairtieth day following
the date of the policy, it was contended
10y the insurance company that all
rights Of insured were forfeited. On
behalf Of insured 1t was urged that the
issuance Of the policy was perfected.
not on the date expressed therein, but
on the date Of it's delivery. The Vir-
GINA supreme court Of appeals agreed
with this view of the matter, saying
that "issued" as used in reference to
the issuance of an insurance policy
means when the policy is made and
delivered and is in full effect and OPP
Grafton"
SALE OF MALT BEVERAGES.
Virginia has statute known as the
Byrd liquor law, section 23k OF Wnicn
purports to regulate and control tho
sale and distribution Of brewery pro-
ducts commonly known as malt bever-
ages, and containing alcohol not In ex-
cess of 2A per cent in volume. De-
PENDANT in commonwealth " Henry. IS
Southeastern Reporter, $40, acknowl-
edged violation of this statute and set
I'D a claim OF its invalidity as a de-
tense. The supreme judicial court OF
Virginia, while recognizing that the
legislature would have no authority
under the guise Of police power to pre-
vent the engaging in business abso-
lutely harmless. says that the courts
have gone far in sustaining legislation
relative to liquors, and the law here In
question is designed to assist in the e1a-
forcement of restrictions against the
sale Of other and stronger beverages.
and should be upheld.
TAXATION.
The right of a municipality to levy
a tax on a private waterworks system
esr the support &c 3 .s::a..c.Tf:a!! system
| is discussed in re Beauty Spring Water
Company, 11s New York Supple
| ment, s59 It appeared that the service
furnished by the private company was
Inadequate for domestic and fire pro-
lection and the municipality finally
constructed a system of its own, which
| was alleged to be operated In compeu-
ton with that OF the private company.
| Taxes were levied on property within
the municipal boundaries. including
| that OF the water company for support
of the municipal water system. The
| 7,arf1shin Of being thus compelled to