Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-04-11
Important Decisions

Important Decisions
[The following notes OF cases are
from the West Publishing Company,
st. Paul. Mimi
ITINERANT VENDORS.
The itinerant vendors act (Coic.
Sess. Laws 1905, p. 2T4 ct seq. c. Ia;
Rev. St 1908, 1858 ct seq.), in Smith VS..
Farr, 104 Pacific Reporter, 401, was
held by the Colorado supreme court to
violate Const. U. S. art. 1, S, giving
congress power to regulate commerce
among the states. The law is entitled
An act to prevent and punish fraud
in sales Of manufactured goods, wares
and merchandise by itinerant vendors
and to regulate such sales" The petit
| TONER for habeas corpus was a sales
man representing a factory located In
the state OF Iowa, and at the time he
was arrested in Colorado In violstion Of
such act. Under the statute person
permanently enga ged in the manufAc-
ture Of vehicles in the state could trav-
ell about the state and sell such vehicles
direct to those purchasing for their own
use. without paying the license pEovid-
ed or mourning the penalties for sock
ing and obtaining customers; wheedaS
a person engaged in the manufacture
of vehicles in another state. without
permanent place Of business IN Color
ado, was inhibited from seeking a mar
ket for the production of his factory by
selling to purchasers for their own use.
unless he secured a license for the
privilege Of SO doing. It appeared that
the police power of the state was not
involved, and the vehicle which the Pc
tftioner sold was not dangerous nor
injurious to health or morals; neither
did the law purport to be one providing
for inspection of manufactured articles
brought into the state for the purpose
of sales to consumers or the levy Of
taxes thereon as a part of the mass of
property therein. The act was held to
be a clear violation Of the constitution,
giving congress the power TO regulate
commerce among the states.
TENDER OF STHsEET CAR FARE.
| The Georgia Railway and Electric
Railway Company. operating a street
| railroad system in the city OF Atlanta.
had a rule requiring conductors to
make change to the amount of 81, but
not to furnish change for a greater
amount on tender by passengers for
payment OF fare. The evidence in
I buESe VS. OSOI1siSt n.y. q LASS1AlS SVH1o
pany, SIS Southeastern Reporter, SO,
went to show that plaintiff and cou-
pie of companions boarded ono Of de-
PENDANTS cars, and rendered . s. gold
piece, with request that all three fares
should be taken therefrom. The tender
was refused, and nane o( the trio nav
! ing any smaller denomination OF
money, all were elected Plaintiff sued
for damages, claiming that IS was =
asonable amc,knt to tender ia pay
ment OF car fare, but the trial tcoure
maintaining "a opposite view, directed
q verdict for defendant. On appeal TO
the Georgia supreme court the Judg-
ment was sustatned, the court saying
that to require conductors to make
change for IS for every passenger
would 80 dslay the progress OF cars al
to Inconvenience the travelling pubAc.
and impose an unnecessary burden on
the street railroad company.
MOSQUITOES.
| Our summer visitor, the mosquito
takes on an added Importance from q
lrecent decision Of the court Of ap-
psals OF Georgia. One Sims. apparent
ly law-ah4d1ng citizen, dwet in sweet
rspose a short distance from the Tow
3aliga river, in Georgia, when car
poratfon, formeA Tor the dsvelopapnt
Of an electric pokex, bu1at q daa ACROSS
lthe stream IN such . mannsr as to
canse the water to come near Sims
dwelling, and Subme10e tase la1A and
veGetARion. causing q pond which was
failesed to Ahave 'l1nca6ated pnseueed.
lend raised a great nany naosa1stoes,
from which plaintiff end his family
suffered great annoyance, end die
transmit malaria to plaintiff and his
family which they otherwise would not
have had" It was contended on b.
half Of defendant that the mosquitoes
bred on It's premises were we'll behaved
and orderly, and not at all OF the dan.
gerous character alleged, and that
even If they were such, and had caused
the disease as complained OF, they
were ferae naturae, and there was no
allegation or proof of knowledge on
the part of defendant of their danger.
Gus procltv4ies. The georgia court Of
appeals, referring to the evidence IN
the case, says: Indeed these was
enough expert testimony ~ miaoEA,
malaria, mosquioees, baatsTts, bsnilh
microbes, gefmsS and other things n
fGreek, Latin. Italian, and sesQuiDsda.
liian terminology to hopelsssly confuse
any Jury" and refuses to 60 into any
SPECIFIC classification Of n,osQuitoes.
but holds them a common pest, and
that, IL the injuries complained Of were
proxfmately caused by them. defend
ant should be held liables This being >
question for the jury. and the jury
HAVING determined it in favor Of DlafA-
tife, q verdict awarding damages to
him was allowed to stand.
Every family and especially those
who reside in the country shsald b.
| provided at all times with . bsttie OF
Chamherlain's Lniment- There u no
telling when 1t may be wanted In Case
Of an accident or emergency. 1t Is
most excellent In all czses Of rheumo-
aism, sprain3 ana bruises Sold BY oil
dealers.
| cuspsat Nautical Term.
vs1ss wStfke &ss&Ss >$S
Il 80 n &~e ~