Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-12-27

p1et1o court OK kSnOO x0J900 00C10oo
that he contract was contra bonos
mores: that the detective therefore
could not compel the payment. and that
the attorney IN hiring him ~ guilty
OF unpeofessaonal conduct. justifting
suspension - . member Of the bar. It
was held that the complainant when
employed by the plaintiff vas IN . re-
lation involving trust and confidence:
and under the implied duty Of remain
ing loyal to her and her cause. NO
matter hew high has -smotives or how
honorable HE Intention" said tho court.
mo maA can serve two matters; for
either he will hate the ~ Ind love
the other: or he will hold 60 the one 10.
spiss the -other., Neither can q man
ride two horses going in opposite di-
rections at the same time. 1t Is useless
to attempt it. Fidelity must and will
be required from all those holding
fiduciary relations. They mus, not
lightly enter upon such relationships,
but, II they do. they will not be per-
mitted to Be disloysl. and Of al species
Of disloyalty deseFtion and adherence
to The enemy or to the opposing party
in a suit Is recognized al the worst"
POOL HALL NUISANCE.
The board of trustees Of Eldorado.
Okla. being empowered by statute to
declare what shall constitute q nui-
sanec and to prevent the same. passed
an ordinance declaring billiard halls
and pool rooms nuisonces. Plaintiff
Jones was convicted Of violating the
ordinance. In the case OF FL paFto
Jones. 100 Pacific Reporter, SO, he
claimed that h ordnance was void
upon the ground thai municipal corpo-
%rations are creatures Of the legislature.
and a exercise only such powers IS
are expressly conferred by their char
ter or by statute. The criminal court
Of appeals Of Oklahoma holds b q al
tho a statutory grant Of power to .
municipality to declare what shall con-
stitute a nuisance doe not empower .
municipality 20 declare . thing . nui-
sance which - clearly not one, It Aoas
empower the municipality to declare
anything a nuisance which is 50 per %,
or which by a u its location.
management. or use. q Of local oon4t-
become such: and that as the opera
ton OF a billiard hail. or pool room for
6ain IL not recognised by the law ~
necessary or useful. or as a business
| which q person has m inherent right to
engage III, the general authority given
the trustees empowered them to pass
the ordinance In question.
BLooDHoUNDe.
In state VI. Norman, IS Southeast
ern Reporter, 917, the defendant was
tried for the b~urgiaristng Of . store
The morning sitter the psspstration Q
bloodhound wa brought on b oosne
in an attempt to u down the. GRIM
:nal. The dog scented several articles.
and started h trail down q public road
to a house where defendant and an
other person were living. The dos did
not recognise defendant, tho he stood
near him, and hero his trail ended. On
this suspicion defendant was arrested.
tried. convicted, and now appeals. The
owner Of the hound testified that ~
was not IN the business Of training
bloodh0unds and trailing c~fifninals,
and that the dog had been on but three
trails. h results Of which were not
stated. The supreme court Of North
Carolina held hat aitho the action h
conduct Of . Bloodhound in training q
person 10 competent evidence, certain
conditions must exist to render II COM
petent. The dog must be Of pure blood.
or a stock characterized by. acutsNess
Of scent. and trained in the e1ercise
Of tracking human beings. He must be
laid on a trail ut . point whore he
circumstances showed that the guilty
party had been. or on Q track which
such circumstances indicated to hlve
been made by him. 1t was not shown
that DEFENDANTS tracks were seen ut
or rear the store, or that he had heen
there previous to the burglary, o. that
he ri in possession Of any stolen
property, Of that the dog indicated that
he was the thief. The court held 'thaa
the evidence did not create q Just sur
picion against defendant, ana thsrs was
no proof Of his guilt. -