Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-06-20
Important Decisions

1.-THE following notes Of cases are
from the West Publishing Company
st. Paul. Mimi
MORTGAGED PROPERTY
Within four months prior to his fll-
ing a petition in voluntary bankruptcy
one Soper gave his creditors chattel
mort gage on certain, property. They
filed with the referee a surrender or
the mortgage, admitting it to be a
preference, but asserting that the mort
gage was a lien upon the property In
cluded therein. which the bankrupt
claimed as exempt. The United states
district court IN Re Soper, 173 Federal
Reporter, 116 held that the effect OF the
surrender Of the preference was to
restore the property Of the bankrupt
to his estate as II no mortgage had
ever been made upon it, thereby max.
ing the property subject to the exemp-
tons. That the mortgage was no lien
upon any portion OF the property and
upon the assertion Of the right Of Soper
to his exemptions was not revived upon
the articles selected as exempt.
SECRET SOCIETY BADGE.
AS the membership in most societies,
whether he ssssss a.s shs ssss,o WHICH
gives members standing and character
at least among their fellows, and to a
greater or less degree with The public.
the supreme court OF Indiana in tbs
case of Hammer VS.. State. 50 North
eastern Reporter. $50, holds that ne was
wears badge OF a secret society With
out being member thereof IS guilty OF
false personation. and a statute pro-
hibiting the wearing OF such badge
by non-member Is not in conflict with
the constitution, 10 a proper police reg
ulation based upon public policy, and
relates to matter OF purely state con-
Germ. Altl1o one may adorn himself as
he pleases. he may not by 80 doine
hold himself out to be one whom he Is
not, thereby assuming q status to
which he is not entitled, where such
adornment affects others or OF which
advantage may be taken to their detri<
ment
OBLIGATION ON CONTRACT.
In the case Of Louisiana ex rel HUI
bert vs. New Orleans. 80 Supreme
Coprt Reporter, 40. the UnitSdr States
supreme court reviews q decision OF the
supreme court of Louisiana denying an
application for mandAfnu0 to compel
the city Of New Orleans 20 levy tax
for the payment Of judgment against
1t in favor OF the receiver Of the Metro
politan Police District OF which the city
had, until 1877, been part, and liable
for proportion OF the expenses OF its
maintenance. At the time OF the repeal
of the statute, creating the district and
authorizing New Orleans to establish
and maintain proper police force OF
| its own, 1t had not paid over to the dis
trict a large sum Of money alleged to
have been collected by taxation for
! that purpose. On the insolvency OF the
district and appointment OF receiver
| judgment was recovered for this un~
paid tax. Under the state law it APP
peared that the city's liability for pay
ment OF the judgments might be indefl~
nitely postponed. but the United States
| supreme court held that the creditors
| Of the police district were entitled to
full protection. and that the repeal Of
| the statute relating to the district did
not take away their right to proceed
against the city Of New Orleans for
| it's share of liabilities, Notwithstanding
| the contracts were not made directly
by it, but by tho district itself. and
| awarded mandamus to compel levy o6
the tax.
PISTOL TOT1NG.
There was evidence that before
proceeding to paint the town" one
| Schulz, schaperoned by the city marshall
was asked by the latter to get his pis-
! toll and assist IN protecting the town
from thugs coming in on the train
| bringing q circus. Schulz, who was In
saloon at tho time, went up to the
bartender, took pistol out Of his hand.
A~<A 81
ninety feet, fred the pistol OF, returned,
and handed 1t back. In Schulz VS..
State, 1924 Southwestern Reporter, 90S.
this act was held by the Texas court
Of Criminal appeals to be q carrying OF
pistol, there being no justi1cAtion or
excuse. That Schulz carried the weap-
on but ninety feet made no difference.
IF one may under these circum-
stances" says the court, Garry Z pis-
| tol 80 feet. may he not carry 1t 80
yards or 900 yards?"
CUTTING OF ICE.
A health department order prohibit
ing the cutting Of ice with men and
teams on lakes and ponds used as
source Of water supply for cities and
villages was held invalid by the appel
late division OF the supreme court Of
|
York Supplement, S62, since to prohibit
the taking Of ice from such sources
would deprive the public Of large
part OF the Ice which is Furnished for
It's health and comfort, ana the pos
sibility OF efficient regulation makes
30 drastic a measure unnecessary.
Where the public good can be con-
served by the regulation OF a right.
the power to destroy does not exist.
Appellant commended that IL that portion
Of the order prohibiting the cutting Of
ice be void, that part which fofbids
horses and men from going upon the)
| ice should be upheld, the danger to
the public health lying In the chances
OF contamination from typhoid germs.
Tho court held that II the use of horses
ana men be prohibited. the harvesting
Of ice would be practically enJoineA Il
,,,,; - AssslA So eAysA~.
wise done. A horses never have ty-.
phoid fever end men 80 afflicted are
not usually ct work IN Ice Ifel6s the
possibility OF danger = 70 renaCte -