Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-01-10
REPUBLICAN,, IOWA JANUARY 10
Important Decisions

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Important Decisions.
1.-THE following notes Of cases are
from the West Publishing Company.
ST. Paul, Mimi
MISUsER OF BOSTON COMMON. 4
In 1884 the parcel OF land known as
Boston Common was dedicated and set
apart for the common use Of the in
nab1tants Of Boston as a training field
and cow pasture" In 1905 the .legisla-
ture passed an act authorizing the
Boston. Transit Commission to con-
struct a tunnel under a portion Of it.
In Goldman VS.. Croker, 80 North
eastern Reporter, 177, it was alleged
that this would constitute di 1ersion
of the property from the use intended
by the dedicators, and that, even IL this
were not true, no right to make the
subway could be acquired without a
vote of the inhabitants of Boston. Both
of these contentious were decided
against compliments by the supreme
judicial court of Massachusetts and the
bill dismissed. 1t was shown that nos
by the original instrument of dedica-
ton, conditions had materially changed
in the vicinity during the nearly three
centuries that have passed since that
time, and that the property is now not
needed nor used for a COW pasture nor
as training ground in the sense orig
inally contemplated. The opinion indi-
Gates belief on the part OF the court
that it is not necessary that the land
should be used for the speciii: .hings
indicated in the original dedication. but
that use which is reasonably in ac-
cord Herewith, as modified by changed
conditions and circumstances, will not
constitute diversion. AS against the
contention of necessity for vote by
the citizens of Boston, it is held that,
notwithstanding the legal title is in
the city, it holds it only as an ase..cy
of government representing the people
and subject to the control of the leg
islature. The legislature having granted
a right not in violation of the original
dedication, the grant is valid.
REQUIREMENT OF BROKERS.
How is the receiver of an insolvent
corporation to learn the names of the
owners of stock upon which assess
ments have been made when the stock
has been transferred by insolvent hold
ers to other persons who have failed
to have the transactions recorded on
the corporate books? A situation of
this character is shown in Huey v.
Brown, LII Federal Reporter, GAL.
where the receiver applied for an order
of discovery against stock brokers thru
whom the transfer was accomplished.
Respondents demurred to the bill, their
demurrer was overruled, and they APP
pealed to the circuit court of appeals.
That tribunal upheld the decision OF
the lower court, following the similar
case of Kurtz " Brown 1872 Fed. 372.
81 c. c. A. 49s, thus deciding. in effect,
that respondents might be compelled to
give the names and addresses of their
customers in instances of this kind.
PHOTOGRAPH AS EVIDENCE.
In State " Finch, 1913 Pacific Report
er, sos, a prosecution for murder, 1t
was assigned as error that the trial
court allowed photograph of deceas-
ed to be shown to the physician who
performed the autopsy, for the purpose
of proving by him the identity OF the
body on which the autopsy was per-
formed; he not being acquainted with
deceased. The photograph was proven
to be a correct likeness of deceased IN
health and strength, and apparently
not of character to excite or lnname
the jury. The oregon supreme court
ruled that there was no error in thus
using it.
RESPONSIBILITY OF SHERIFF.
The Alabama Constitution provides
that when prisoner is taken from
Jail and killed owing to the neglect of
the sheriff, the officer may be i'm
peached. A negro confined in Jail
for murder was quietly taken out and
killed by few masked men, who
overcame the deputies on guard. For
twenty years the sheriff had been an
officer Of unusual bravery and devo-
ton to duty. The excitement which
usually precedes lynching was abb
sent In State VS.. Cazaias, so South
preme court held that the sheriffs con-
duct merited his removal from office.
He could not presume that those who
desire to invade the premises will in
form him of the fact, or make such a
demonstration on the streets as to adj
vertise their intentions. When a crime
of peculiar enormity has been COM
mitted, exciting public indignation, and
suggestions are made that the prisoner
be lynched, it is a sheriff's duty to
take precautions that will effectually
| thwart an unauthorized entry Of the
jail.
ASSAULT OF SERVANT.
While a manufacturer was creosoting
blocks pursuant to contract, an in
spector was appointed by the purchas-
err, whose duty was to examine and
| inspect the process. The inspector and
the engineer in charge were frequently
| involved in broils bordering on blows.
Hearing of this, the manager forbade
the bellicose persons to enter the vat
rooms unless accompanied by a third
party. Eventualiylan encounter trans
pired in which guns figured freely. The
inspector was struck with pistol on
the head and his appraised arms, his
\ III, lit