Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-05-04
Important Decisions
1.-THE following notes Of cases are
from the West Publishing Company,
ST. Paul.. Mimi

1.-THE following notes Of cases are
from the West Publishing Company,
ST. Paul. Mimi
wRONGFUuLY INDUCING.
is it a legal wrong to induce a party
to a contract to refuse to perform?
Such was the principal question in
Swain VS.. Johnson, 65 Southeastern
Reporter, 619, IL which the supreme
court of North Carolina comes to the
conclusion that generally it is not. al
the it may be in such cases as induc-
ing a servant to leave his employment.
agreement which would otherwise ave
been performed had it not been for the
fraudulent representations.
CARRIERS.
Illinois Central Railroad Company VS..
Dunnigan, so Southern Reporter, 443,
was an action instituted by the minis
ter of a colored church to compel the
railroad company to furnish trans
portaticn at the reduced rate which it
had been the custom to allow to min
listers, alleging that the action of the
company was willful. wanton, oppres-
sive, n an unlawful discrimination.
The supreme court of Mississippi held
that the declaration stated no cause or
action and that the reduction in rates
was a mere g%ratuity. which might be
allowed or not at the pleasure of the
railroad company.
GOOD BEHAVIOR OF PRISONER.
w. WOODBURY., on behalf of n Ed
ward Hall, instituted habeas corpus
! proceedings to secur the release OF the
latter from confinement in state prison
on the ground that by good behavior he
was entitled to an allowance OF eight
months on his sentence under an act OF
the legislature passed after his convic-
ton and sentence. In he case of In
re WOODBURY., 104 Pacific Reporter, 245.
the Nevada supreme court held that.
insofar as the law applied to sentences
imposed prior to its enactment, 1t was
invalid as interfering with the func-
tons Of the judiciary. and denied the
vrit, leaving Hall to the consolation
that virtue IS its own reward" The
decision follows an earlier holding in
ex par. Darling, 16 New. 90, 40 Am.
Rep. 495.
COSTS OF CASE.
Plaintiff in the case of Wisecarver &c
Reynard VS.. c., r. I. & b. Ry., 1872
Northwestern Reporter, 909, instituted
an action in a district court of Iowa
against defendant, who filed a petition
for removal to the United States cir
cult court. This petition a denied
the cause tried, and an appeal taken to
the Iowa supreme court, which re-
versed the decision on the ground that
the petition for removal was errone-
iously denied. Thereafter defendant
filed a motion for judgment against
plaintiff for costs, and that h cause
be transferred to the federal court. The
transfer of the case was ordered and
the motion for costs denied. On ap-
peal to the Iowa supreme court, it held
that the motion was premature. but
might be renewed upon final determi-
nation of the case in the federal court.
TERMINAL CHARGES.
The interstate m commission
In 1907 issued an order requiring GER
tain railroads running into Chicago to
reduce their terminal charges for
transportation of live stock to stock
yards at points beyond their lines from
50 to 81 per ear. In the case Of Inter-
state Commerce Commission against
tStockney, 80 Supreme Court Reporter,
IS, the United States supreme court
affrms a decree Of the circuit court
restraining enforcement of the order.
The evidence went to show that the
charge reduced was in and of itself
reasonable, and if in any instance the
total charge collected was
able the excess must have been in the
earlier transportation charge, and
could not be considered on the question
of reducing the terminal charge, which
was stated separately by railroads
making 1t.
LYING AND PERJURY.
A man may not always be commit
ting a crime ever when he thinks he
is doing so. After the first witness in
a criminal prosecution in Texas had
given his testimony, accused, whs was
on bail, left the courtroom and
Emery was thereafter called as a wit
ness and testified or supposed he testi-
fed. He at least said things which a
jury of his peers declared false, and
he was sentenced to be punished for
perjury; but the Texas OF GRIM
inal appeals in Emery against State,
1913 Southwestern Reporter, 133, re-
versed the conviction on the ground
that, by absence Of accused in the
former prosecution, the cour lost jur-
%isdiction, n perjury could not there
fore be predicated on anything said
during that ime. Evidently every-
thing was merely SUPPOSttlOiAi ~
cused supposed he was being tried. and
the court and jury supposed they
were Trying MIN. Emery supposed ne
was a witness, and, presumably sup
posed he was giving perjured testi-
mony; but they were all apparently
wrong. The supposed witness was ap-
p~arently only telling an interesting
story without regard to truth, n the
Judges and Jurors were only interested
listeners. 1t may be hard on Emery to
thus be deprived of a two-years SEN
tence in the penitentiary, but of such
are the rigors Of law.
HORSE RACES.
The case Of McClain against The
Lewiston Interstate Fair and Racing
Association &c. pcc:sc DS1o1 tos, .sts
involves some rather novel questions
relating to the liabilities Of owners Of
dogs. It pea that John volkmer.
one Of the defendants. was the head
LOT a family, which kept and harbored a