Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-02-06
Important Decisions
1.-THE following notes ot cAsss are
from the West PublisAan6 co0pAav.
81. Paul Aian.l

1.-THE following notes Of cAsss are
from che West PublisAan6 Company.
Ct. Paul Ains.l
GERMAN MARRIAGE Law
nurse left secretly for New York. and
sailed to Germany. where they were
married BY Q man who. while believed
to be minister OF the gospel proved
to be . person not authorized by the
law OF Germany to celebrate a mar
riage. Thereafter and up to the time
OF the death Of the doctor. some months
later they lived and cohabited as hus-
band and wife. The decisive question
Is whether the parties were married in
accordance with the German law, which
By stipulation 10: THE contraction Of
marriage. even il only one Of the par
ties Is German. is determined in re-
spect Of each of the parties by the laws
of the country of which he or she is a
subject The same rule applies to an
alien who concludes a marriage within
the empire. -" The form of a mar
riase which is concluded within the
empire is determined exclusively by
German law" The supreme court of
Minnesota in Re Lando's Estate. 127
Northwestern Reporter 1925 holds that
under the natural and literal construc-
ton or the arst and second sentences
OF the German law, the doctor and
nurse were "aliens who had concluded
e marriage within the empire: that
such marriage was determined by the
law of the country Of which they were
subjects; that being residents Of Min
nesota. their attempted marriage was
governed by the laws Of that state:
ard that the last sentence is a direc-
ton to German officials as to the man
ner in which they must celebrate mar
r;age in Germany between German
subjects. Under the Minnesota law,
the marriage was held valid
LIQUOR CONSENT.
The case OF In re Clement. 124 New
York Supplement-. 1889. is proceed
trg to revoke liquor license issued
to Barbara Haas. because Of a false
statement made in obtaining IT, There
is law providing that. before the is
suance of such certificate, the applicant
must secure the consent in writing Of
at least two-thirds of the owners of
the total number Of buildings occupied
as dwellings the nearest entrances to
which are within 200 feet. measured in
straight lines to the nearest entrance
Of the premises on which traffic in
liquors is to be carried on. There
were eleven buildings within the dis
tance Of 600 feet from the place where
the liquor traffic was conducted. one
Of which lacked only two and two
fifths inches of being 200 feet awav.
and was not included IN the applicants
statement. The supreme court of New
York holds that the omission was ma
oil ~ tLn$ Oh No
revoked. The Judge said: "In reaching
the conclusion. / am not unmindful OF
the maxim. The law cares not for
small things, but a failure on the part
OF the court to grant this petition and
revoke the license would make the adj
ministration Of the excise law ridicu-
lous, as well as the violation OF the
same easy and safe. 1t would encour-
age a still greater disrespect for the
excise law. II that IL possible, and such
disrespect would be aided and sane
toned by the court. In order to
procure this revocation. 1t must be done
upon legal grounds. and apparently
none seemed open to the commissioner
other than the question OF distance.
While, on its face. this application, by
reason of the fact that but two and
two-fifths inches is the foundation up.
on which this proceeding is presented
to the court, might be deemed frivolous
and officious, under all the facts and
circum stances there seems to be no
reason why the court should strain af-
ter sustaining this license. but every
reason appears why the same should
be revoked"
ICE CARRIED AS BAGGAGE
Whether one may carry ice wrapped
in sack as personal baggage on
street car is the leading question in the
case Of Mcintosh vs. Augusta & Aiken
Railway Company. SO Southeastern
Reporter. 15s On July S. 1908. plain
tiff attempted to board one OF the
electric cars Of the defendant, having
in hand 5 cents worth Of ice which he
had bought for a sick man. The con-
ductor refused to allow him to board
the car. because the ice was in a cro-
Gus sack, and was leaking thru so the
wtaer would run over the floor or the
car He informed the conductor OF the
urgency Of his carrying the ice to the
poor sick man: he offered to stay upon
the platform? he would pay extra for
carrying the ice; but nevertheless the
conductor rudely shut the gate and the
car went on, leaving plaintiff In a de-
plorable plight. The day was warm.
and the ice was swiftly melting away.