Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-10-10

! cause her death. The Kansas statutes
make homicide excusable when COM
mitted by accident or misfortune. or In
| doing any other lawful act by lawful
means with usual and ordinary eau
ton and without unlawful intent. The
supreme court of Kansas. In passing
on defendants conviction OF man
slaughter holds that the intent gov
erns and that. as the injury was the
ed for acts Of defendant, the intent
was unlawful. and the homicide mex
cusable.
ACQUIRES DOMICILE IN CHINA.
Henry Cunningham abandoned his
domicile of origin in Waldo, Me-. and
made his home, established his busi-
ness. and established his headquarters,
from 1869 until the time OF his death,
SO years later in Shanghai China.
The problem in Mather v. Cunningham,
"A Atlantic Reporter, 500, is, Can an
American, under any circumstances. ac-
quire as a matter of law a domicile in
the province Of Shanghai. PLACE
where, by treaty, American law Is sub
stituted for Chinese local laws? "Coun-
sci contend that the term domicile nee
essarily implies subsection and obed-
fence to the local laws of the domicile.
and that this can not be said to be
true of a residence in Shanghai, be-
cause its laws governing American cit
liens are extended by treaty instead of
edict. The supreme judicial court of
Maine holds that as the ownership of
the soil controls the establishment of
all local laws and without the consent
OF the sovereign, no extraterritorial law
can be enacted within an independent
jurisdiction. or extended to it, the
American law became the local law
when the Emperor of China permitted
congress to extend it by treaty: that
the Fundamental idea of domicile does
not depend upon any distinction with
res pect TO the source Of the law: that
Chinese domicile gives a decedenf's es
tate a fixed place of abode and subjects
ii to the law governing the locality. and.
whether American law or Chinese law,
1t is. nevertheless. the law of the place.
as TO American citizens. After a leng-
thy but well-rea soned and interesting
opinion. the conclusion of the court is
that Cunningham acquired a domicile
OF choice in Shanghai
LIABILITY FOR DELAY.
Plaintiff, on discovering his factory
on fire, went immediately TO the tel
ephone to give a fire alarm. No one
responded. tho he called and worked
the receiver for nine or ten minutes.
He then handed the receiver to his
wife. and started for the fire depart
meut He met the hose cart on the
way. the department having been call
ed by neighbor. The call was put IN
about 100 O'clock a. m. When the
tiremen reached the seen the fire was
beyond control. In Nolquardsen vs.
Iowa Telephone Company. 126 North
western Reporter, 92S, the supreme
court of Iowa holds that the telephone
company was not liable because the
destruction caused by the fire was not
The direct proximate result of defend
LIABILITY OF TELEPHONE COM
provide prompt connection.
CHANTECLER.
The word "cilantecler" is not OF such
descriptive character as TO preclude
its exclusive appropriation. so held the
court in Froh,nan and others against
Morris. Incorporated. and others, 123
New York Supplement, 1890. and con-
sequently Edm ond Rostand's play will
alone grace the boards under that
name this season. The court, in grant
ing an injunction against the use of
the word ''chantecler,' as the title Of a
burlesque in which most OF the char
acters We're barnyard fowls. said that
tho no one intending TO witness plain
tiff's play would possibly mistake the
defendants performance for It, still the
power TO distinguish would not save
the playgoer who had gotten into the
wrong theater. as his money would be
spent and his evening irretrievably lost.
The decree, however, did not interfere
with the production Of the play under
the title OF The Barnyard Romeo"