Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-06-13
Important Decisions
1.-The following notes Of cases are
from the West Publishing Company,
ST, Paul. Mimi
PANAMA LIBEL CASE.

| One phase Of the libel suit against
Delavan Smith and Charles r. Will
liams, owners of the Indianapolis
News, for publication Of certain state
ments rejecting on persons connected
with the acquisition Of the Panama
canal route. is passed upon by the
United States district court in United
States VS.. Smith, 173 Federal Reporter.
227, on application for a warrant of
commitment and an order for removal
to the District of Columbia for trial.
After referring to the duties of a news
paper publisher to print the news and
his right to draw differences therefrom
| the court expresses grave doubt as to
| the libelous character of the article
admitted to have been published, but
rests its final determination Of the
case on the theory that. If any crime
was committed. it was in the state Of
Indiana, where the paper was printed
| and mailed, and not in Washington,
| where a few copies were circulated.
DEBT ASSUMED BY GRANTEE.
| The question as to what statute OF
| limitations should be applied to an ac-
| ton against a grantee in a deed to re-
cover d mortgage debt assumed by
him is discussed by the supreme court
of South Dakota in Hollister VS..
Strahon, 122 Northwestern Reporter,
| 604. Strahon purchased a piece OF land
incumbered by one mortgage for $1,000
and another for 5000, which by a stip-
ulation in the deed he assumed and
agreed to pay. The premises were sold
on foreclosure of the $1,000 mortgage,
and not redeemed. Suit was SUISSE
quently Instituted to recover on the
,~$rr
up the six-year statute of limitations.
while plaintiff claimed that, as the
agreement assuming the debt was con-
tanned in the deed, the action should
be governed by limitations applicable
to Instruments under seal. The court
held that 1T was not a case in which
action on covenant would lie, and that
it was governed by the six-year period
of limitations.
WHO HIT BILLY PATTERSON"
This much discussed question has
almost a parallel in the case OF Elk
parte Hughes, 121 Southwestern Re-
porter, 1118. Lucian Hughes and Luz
ther Hughes were twin brothers. whose
personal resemblance to each other
was evidently almost as marked as
the similarity in names. There was
evidence to show that one of them had
committed an assault while in a bill
Hard hall, but 1t seemed impossible to
tell which was the guilty party Both
were therefore arrested, charged with
the offense, and placed under bond. The
grand jury in passing on the charge
against Luther summoned Lucian as
witness, and propounded certain
questions as to where he was on the
|evening of the assault, and what Luth-
er had told him about it. He refused
to answer, on the ground that he was
under bond charged with the same Of
Tense The district judge ordered him to
answer. and on further refusal adjudged
him guilty of contempt, and ordered
him committed to jail until he should
testify. He thereupon applied for a
writ Of habeas corpus, which was
granted by the Texas court of civil
appeals, which held that his refusal
was within his privilege as witness.
PROPERTY OF Assent HEIRS
Ballinger's Washington Ann. Codes
& st SIS 6371, 1913 (Pierce's Code, IS
1886, 2697), providing for the appoint
ment OF an agent for absent heirs to
take charge Of the estate for their ben
eft, and directing that when the es-
tate shall remain in the agents hands
unclaimed for one year 1t shall be sold
under order of the court, and the pro-
ceeds, less costs, be paid into the coun-
ty treasury, are held by the Washing
ton supreme court in Bickford vs..
Stewart, 104 Pacific Reporter. 263, not
to be violative Of Const. U. S. Amend.
"A, providing that property shall not
be taken without due process Of law,
since the proceedings by which an heir
acquires an inheritance is not tax
ing" Of his property. tho 1t may be
gold without his will This decision
rests on the theory that, while the
legal title may vest in the heirs i'm
nediately on the ancestors death. 1t Is
subjects to administration under the
statute, so that the title may be d.
vested by the administration
SUNDAY ORDINANCE INVALID.
In Merger vs. City and County OF
Denver. 104 Pacific Reporter, 800, the
supreme court OF Colorado holds an
ordinance pruviding that 1t snail be
unlawful for any person to keep open
or conduct any butcher shop, meat
market, or grocery store on Sunday. in
valid, It not appearing that The peace.
welfare, health or other ends for the 4