Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-10-03
Important Decisions
1.-THE following notes of cases are
from the West Publishing Company.
St Paul MINI.

from the W est PuplfSnluS Company,
ST Paul. Mimi
PRIESTS VOW OF POVERTY.
BY the VOW of poverty, Father With.
d member of the Order of St Benedict.
of New Jersey, agreed that all property
acquired by him during his lifetime
should become the property of the or
der AT his death there was found in
his immediate possession and control
certain property acquired thru large
royalties received from books which ne
had written the abbot having permit
ted him 20 retain his earnings and use
them for charitable purposes. The
question in order OF ST. Benedict of
New jersey V. Steinhauser. f19 Federal
Reporter. 1871 is: Does the property
belong TO the order or 10 the heirs?
Defendant commended that the contract
was void as against public policy and
that therefore the property belonged to
the heirs The circuit court of the
United States holds that the contract
is not void. since II would be contrary
10 all sense of justice 70 sax that after
Father Wirth had Joined the order had
unselfishly devoted his life 70 the chart
table purposes OF its organization. mad
worked continually that the moneys
derived from his labors might be used
by the society for such purposes. and.
after he had died in full communion
with the order. his heirs could recover
fr n the order the value Of his ser
vices: that as the constitution Of the
order provided that he might leave
whenever he chose. the contract did
not deprive him OF his right of acquir-
ing property, and forever incapacitate
him from owning property: that the
fact that for some years before his
death. he was resident Of another
state. and was permitted by the abbot
TO retain his earnings and use them for
charitable purposes. did not release him
from his vow OF poverty. nor make
such earnings his individual property.
hut merely constituted him agent of
the order III disposing Of the money in
charity. which agency terminated with
his death.
DISTRACTIONS.
An obstruction. Ike dirt upon boys
face is merely matter OUT Of place in
the opinion Of Judge Monroe Of the su-
preme court Of Louisiana. The court
holds that that which may be step
ping stone when in position where
il is needed and can be used as such
becomes an obstruction when occupy
ing place intended for other use
where i. is not needed and can not be
50 used. In the same case. Mccormack
" Robin. . Southern Reporter. 10.
,sls court holds that the feminine habit
Of putting on gloves between the front
door and street car does not exhibit
such reckless disregard Of danger TO
life and limb as TO preclude the r.
irri, vic
ing from the failure Of those whose
du-v it is 10 keep The way free from
person walking along a
street or Sidewalk no, being expected
10 exercise the care which would be
required in traversing a jungle
CONTRACT BY PHONE COMPANY.
A telephone company contracted for
the instalment and maintenance of
private telephone exchange in defend
ants hotel for nine years Il was stip-
ulated that the apparatus should re-
main the property of the telephone
company. and thar no instruments and
wires others than those furnished by il
should be placed in the hotel or oper-
ted in connection with the exchange.
and that such apparatus should not be
used in connection with any other ex-
change than that OF the company. The
court of appeals of New York. in pass
ing on the validity OF such contract
in Central New York Telephone and
Telegraph Company vs.. Averill 90
Northwestern Reporter 206 con
Guided that the provision Civ
ing the telephone COMPANY the
exclusive right TO operate its ex
change in the hotel was in partial re-
straint of trade in that il prevented
persons having other telephone sys-
tens from connecting with the hotel.
and in view Of The public interest
which attaches TO the telephone BUSH
ness by reason Of its operation under a
franchise and the nature OF the bust
ness. such part Of the contract was
void
INJURIES TO OYSTER BED
In the case of The Lewis Blue Point
Oyster Cultivation Company vs.. Briggs
81 Northeastern Reporter s46. grant
from the king of England. before the
separation of the colonies from the
mother country, of land for an oyster
bed under navigable waters. TO an in
dividual was held to be grant of the
crowns private property. subject to the
public rights in the navigable waters
held in trust by the crown for the peo-
pie. and under the right of conquest
and the treaty of peace after the Revo-
lutionary war, the title TO the naviga BILE
waters went 10 the original states, and
when the constitution was adopted it
became subject to the rights surrend-
cred thereby 10 the United States.
Judge Vann, who wrote the opinion,
said that PLAINTIFF had no right in the
land that was n OF subject to the power
OF the United States to make improve
ments. without compensation, and that
it ran the risk when 1t planted oysters
that the crop might be interfered with
whenever congress decided to dig
channel or otherwise improve naviga-
ton. He intimated however, that con-
gress was not apt to deal ungencrous-
~ with those who have good ground
for relief.
WHERE IS A MORMON's ABODE?
Mr.. Heber j. Grant was a Mormon
missionary and the husband of two
wives; the first being Augusta and the
second Emily. Determining to do mis-
sionarx work in England, Mr.. Grant