Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-03-28
Important Decisions
1.-THE following notes, Of cases are
from the West Publishing Company.
ASSAULT az ere PRISONER.

| Section 246 Of the penal code OF
! California provides that very person
undergoing a life sentence in state
| prison OF the state, VINO, with malice
aforethought, commits an assault upon
| the person of another with deadly
weapon or instrument, or by any
| means or force likely to produce great
bodily injury, is punishable with
/ death" Accused vas indicted under
this statute and found guilty. The case
| found its way to the United States su-
| prerne court. the question being raised
! as 10 whether the fourteenth amend
nent Of the federal constitution pro-
vidins .or the equal protection OF the
! laws was incringed. It was contended
that the statute was arbitrary. making
an improper distinction between pris-
oner. serving life sentences and those
| serving lesser terms. The court in de-
Gliding the case quoted with approval
the decision OF the supreme court Of
California (People VS.. Finley, "a Pa
| cific Reporter, .4s), saying that the
! classification Of the statute in question
! is not arbitrary. but is based upon val
| id reason. and distinctions. The life
! terners' constitute a class by them
I .eIyes-a class recognized as such by
penolosists the world over. Their sit
uation is legall, different. Their civic
death is perpetual On looking back we
/, find that the supreme court OF Califor-
MA in It's decision sustaining the
statute, and showing that it Is based
! on lust distinction between life pris-
| oner. and those serving lesser terms.
mentioned the reckless and abandoned
| spirit that was instiled in those men.
! the many atrocious crimes conitted
1 b. them in their attempts to escape,
| end how the prison guards would some
! times require them to wear red shirts
to distinguish them from their fellows,
so that they could be more easily
watched. Indeed, the sentence of hu-
man being to imprisonment for life
seems but TO transform him into an
animal in the form OF a man bereft OF
the three things, Faith, Hope. and
Love" one of which to some extent
forms a part OF the makeup Of every
man. Finley We. California, 80 Supreme
| Court Reporter, 10.
| NUISANCE AND NEGLIGENCE.
| Plaintiff was injured by falling over
an awning brace In front Of the Col
onial theater in New York. His ensu-
ing action against the city was based
on both nuisance and negligence, bu'
he elected at the t-.a! To follow the
theory Of nuisance. The New York su-
preme court In Herman VI. City OF
New York, 131 New York Supplement
1892, held that as the city, by Its char
ter, IL given power to authorize bs
general ordinance the maintenance 0,
awnings. liability could not be charged
to to 1t on the grounds OF nuisance
tho, II It appeared that 1t was danger
GUS to pedestrians using the sidewalk
| the city might be held liable for neg
ligence in failing to cause its remcv'
al.
SUBSCRIPTIONS TO BANK STOCK
A bank was established ct Gan An
tonia. Tex, with IN alleged capita'
stock Of 500, 900 but in reality amount.
ing to about $500. Having obtained
the right to form branch banks. 1t en-
deavored to establish one at Lockhart
Tex. Certain parties ware there a
the same time contemplating the -.
Establishment Of another bank, but - 4
would not have been feasibls, becauss
lot ths size Of the town. to form betl