Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-01-09

= nan 20 allow nor TO REMAIN 0no o.
Ing Z woman and having two infants
In her arms. It Yves then he used those
Cruel words. "You are . woman.
SEQ you are trying to take advantage
OF me. and I Will pay your faye here
in the presence Of these gentlemen"
This concluded the incident. Immedi-
ately upon arriving at her destination
she filed her present suit for dam.
ages. She recovered = verdict OF 800.
which was reversed, and upon second
tria recovered a verdict Of $1,000. which
is now appealed from. The Georgia
court Of appeals holds that the Ian
guage Of the conductor was neither
harsh nor wholly unwarranted. The
fact that he called her "a woman in
stead OF a "lady" was no insult, ana
his statement of taking advantage OF
him did not import falsity Of the pas
senger's claim that she had purchased
her ticket. The fact that he paid her
fare was not a very grave insult. II an
insult at all, being merely intended FOR
his own self-protection al an official.
The court believed that the jury was
influenced by some fact which aroused
their Partially for plaintiff or preiu-
with a babe In her arms and q child
w lIAo MANU- appCoAS pOWSAAuAJ ~ ~ AA-
pathy, if she does not entirely shut the
eyes of justice" The judgment was
therefore reversed and remanded for
new trial.
PRIORITY TO WAGES.
A difficult and doubtful question
arises in the case of In re Yoke Vitri-
fed Brick Company, $50 Federal Re-
porter, 235. The problem is whether
,oti az IN
paid out of the money now in the
hands of the trustee in bankruptcy
awaiting distribution which arose from
a sale Of property under the order OF
court, freed from liens thereon, in pref
erence to the demands of those having
fixed and valid liens on the property
at the date Of the adjudication. At the
time of the institution of the proceed
ing there were many liens on the prop.
erty which the lower court ordered
paid by the referee. However, at the
same time. the bankrupt company was
indebted to laborerS. clerks, and serv-
ants for wages. All the property was
then sold under order OF court, freed
from liens. and an intervening petition
was filed on behalf OF the wage earn
ers praying an order directing the
trustee in making distribution of the
proceeds OF the estate to pay the
amount OF their claims In preference
to the other liens. Banker Act July l,
1898, section CAB, els. ), c. 541, Is
relied upon, providing for priority to
wages due workmen, etc, and debts
owing to any person who by the laws
of the states or the United States Is
entitled to priority. The United states
district court held that such statue re-
lates only to priority among those
whose claims would. in the absence OF
such clauses, stand on terms Of equal
ity before the law as general unsecured
claims. and have no reference what
ever to the subject Of liens. Granting
that altho claims for wages against the
estate OF a bankrupt are given priority
lover every other debt or claim" in
cases OF receivership, the court held
that they are not entitled to priority
from the proceeds Of property subject
to valid fixed liens. since the Banker
Act July I. 1898. Section SD. provides
that valid liens shall not be affected
by this act"
MERRY -GO-ROUND.
In the case OF Elk parte Hull, ITO
Pacific Reporter. 25s. defendant ap-
plies for habeas corpus to obtain dis
charge from a conviction for violating
a certain Sunday Rest Law" by UNI
lawfully running a scenic railway.
The statute provides that it shall be
unlawful to keep open on Sunday any
theater, merry-go-round. circus, etc
The state contended that a scenic
railway" is analogous and similar to a
merry go-round," and is thereby pro-
hibited. The supreme court OF Idaho
held that there is a wide and dis
tinguishable difference between the
two A scenic railway consists OF
track several hundred feet long, on
which cars are elevated by means Of
cogwheel attachment. 1t is built on
general incline and the cars run from
the highest point by force OF gravity.
Ten cents worth OF amusement via
this railway lasts about two minutes.
The merry-go-round needs no descrfp-
ton for on account of its popularity.
it is known and understood by all
The court in concluding that a seen
ic railway" does not come within the
prohibition of the statue said: There
is a similarity between the merry-go-
round and this scenic railway in that
each furnishes a ride. but the character
Of the ride il apparently very different
on the scenic railway from that OF the
merry-go-round. One Of the distin-
gushing features Of the merry-go-
round il the inspiring and animatin5
sacred and patriotic music which it
furnishes, and which tends to make 1t
more public than 1t otherwise might
be. This the scenic railway does not
seem to have. The scenic railway -
by force Of necessity obliged to make
up in scenery for the loss Of horses.
CRATES, zebras, elephants. and other
beasts Of burden that add interest and
variety to the merry-so-round. Riders
of animals Of the same species are en-
abled to quietly converse together
while they enjoy the music. but on the
scenic railway there is nothing to be
done but to hold on. exercise the
muscles, and view the scenery.
LOCOMOTIVE OF NEW TYPE