Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-01-08

the performance OF the general public
duty. because the people are regarded
as the real moving party: but in cases
where private rights are sought to be
enforced it must be made to appear
by the petition or alternative writ that
the petitioner has been injuriously az
| fected by respondents default or
breach of duty. or that he will be in
juriously affected If that duty is not
performed" State VS.. Wilson, l39
Southwestern Reporter 705.
DEPORTATION OF ALIENS.
Relator, an alien of excluded class,
came into the United States more than
three years before his arrest as an alien
not entitled to enter. 1t appeared tina:
shortly before his arrest, being in the
city OF Niagara Falls in the state of
New York, he took a carriage and went
over to the Canadian side of the falls
apparently for the purpose of viewing
them. That after staying there an hour
or more he came back into the state Of
New York. One OF the questions be-
fore the United States district court III
United States VS.. Williams, 1877 Federal
Reporter, 40, was whether or not his
return to the United States after going
into Canada constituted a re-entry. The
court decided in the affirmative, declar-
| ing that the duration Of the period Of
absence could not affect the result.
! RESTAURANTS AND LIQUOR.
! When one goes into restaurant and
orders meal and liquor to accompany
f. it, paving the waiter at the time for
the !iuuor, and the waiter goes to a
! saloon and purchases the liquor with
such money and then brings it to the
restaurant and serves it, the supreme
court of Iowa in Mullinnix VS.. Brown,
131 Northwestern Reporter, GIL. holds
that the restaurant keeper dispenses IL
uuor in violation Of the statute pro-
viding that one shall not manufacture,
! sell, exchange, barter. dispense. Or
| give, in consideration Of the purchase
| Of any property or any services. any
! intoxicating liquors, and is therefore
| within the statute making one guilty
of a nuisance who uses a building for
any of the purposes prohibited by thu
aforementioned statute.
TOWN LIABLE FOR DOG BITE?
The town Of Littleton, Colo, has an
ordinance that makes it unlawful &c
permit any vicious, dog to run at large
therein. and requires It's marshal and
4 police OFFICERS to kill any such dog
1 One Arlington, pedestrian in the
town, who was bitten by a vicious dog
knowingly permitted to run at large
sued the city because Of the failure
Of its OFFICERS to enforce the ordinance
and on the theory that it was bound t
keep its streets in safe condition fol
travel. The supreme court Of Colorado
in Addington VS.. town OF Littleton, IL;
Pacific Reporter, S96, holds the city no
liable on the ground that the duty i'm.
. posed upon the marhsal and police of.
ficers was imposed under the govern.
, mental power Of the town, and be.
cause the duty to keep fits streets IL
safe condition was limited to their con
struction and maintenance and exclud
, ed the use thereof.
> ExCURS1ONIsT browns.
RI An excursion steamer left her docl
with a barge in tow to which was at.
tacned q yawl made fast to the stern O
8 hand remained seated in the yawl un
1 It'll the boat arrived at an island, wher.
he LEFT the yaV' and stood on the bars,
a NEAR the line. Subsequently he wen
: forward on the barge to get water. an,
Q while doing 30. decedent an intoxi
Q Gated youth, hauled the yawl to tn
y stern Of the barge and boarded her
: without knowledge Of the master. Tn
: deck hand. on returning. found mem
c bers Of the committee In charge Of tn
. excursinn urging the decedent to leav
{ ithe yaWi. and It was upon complianc
il 70 such requests and the orders OF Til
~ deck hand that the decedent slippe