The Denison review. [volume] (Denison, Iowa) 1867-current, 1912-06-26
FISHING Law
COVERS RIVER
uIgh Court Revefses Ruling Of
Oes Moines County Tribunal
MOYER VERDICT IS SET ASIDE

Decisions Handed Down in Number
Of Important Cases-verdict Given
Gilbert Brothers Is Sustained-Pen-
sion Money Exempt.
Des Moines, June 26.-The jurisdic-
ton of the state of Iowa does not stop
ct the MIDDLE of a boundary river, II
you are fishing over that boundary un-
lawfully with nets, or without securing
license, as required by the state
law. The supreme court reversed the
verdict of the Enos Meyer case from
Des Moines county.
Mover was fishing with nets and
without a license in the Mississippi
river. The state brought case
against him and Judge ]. D. Smythe
thought the jurisdiction extended onl!
to the Iowa line The states attorney
cited other cases, but the judge relied
on the case of Roberts VS.. Fullerton,
Wisconsin case, in which the court
| held the states jurisdiction extended
only to the boundary line.
Justice Emlin McLain wrote the
opinion in the case and he held that
the court erred in isuing the instruc-
tons he did, and that the decision OF
the lower court should be reversed.
| The opinion cited the statute OF
1909, in which it was held to be mis-
demeanor to fish in any of the bound
airy rivers without license, and that
nets and sei1es were subject to regu-
lations, as was the season for fishing.
The articles Of admission of Iowa to
the union were looked up and it was
found congress gave the state concur
rent Jurisdiction of the Mississippi and
all other rivers bordering on state
and forming boundaries"
Consequently. according to all au-
thorities, if fishing is being done llle-
gally on the river, no matter whether
10 the east or west of the state bound
airy line, the state has jurisdiction
and can punish.
Pension Money Exempt.
In the case OF the state VS.. Jesse
| Cole, administrator of the estate OF
Joseph NJ. Ford and of Nathan Hack
ley, and guardian of the estate OF
Philo Brockaway and William w.
Wood, the decision of the lower court
was affirmed Justice Deemer wrote
the opinion. The state claimed money
from Cole for the support OF the men
who were inmates of the soldiers
home at Marshalltown, and Brockaway
and Wood later became inmates or the
state insane hospital. The court held
that pension money was exempt, ana
| as it was shown this was the only in
come of the men the opinion was af-
| irmed.
The verdict given Gilbert brothers
by the jefferson county court for DAM
ages against the Rock Island railway
company was sustained. The men
claimed they shipped carload OF
steers which were injured by negli-
eence on the part Of the company IN
humping a switch engine into the car
and throwing the animals
Hear Dispositions in Case Of Thomas.
The board of parole heard depo-
sitions in the case of Charles Thomas,
who is serving a life sentence in the
state penitentary for the alleged MUIR
der of Miss Mabel Scotield, a young
dressmaker whose body was found in
the nes Moines river near the Sixth
avenue bridge in 1900. Attorneys Null
",,1
Thomas in the trial in 1905, took
number of dispositions from witnesses
who did not testify in the trial of
Thomas. The board has not yet set
date for final determination on the ap-
rlication for pardon.
ViIisca Murder Mystery.
That the state, through the medium
of the attorney generals office, is 60
ing to do all in it's power to ferret out
the Villisca murder mystery, was the
statement made by Henry E. Samp'
son, special counsel, who has been in
Villisca for the last few days. Mr..
SAMPSON was not prepared to state
along lust what line the method OF
procedure would be taken. He said
that detectives are working on two
lines-that the murder was committed
by a religious maniac or by local per
sons.
viii Start Custer Proceedings.
Charles w. Lyons, chairman of the
laws committee of the National Mod
crn Woodmen assembly, Is Investigate
ing the records OF the national Off
GERS of the Modern Woodmen OF
America, preparatory to starting GUST
er proceedings against them. The Ma
tional Modern Woodmen assembly is
the insurgcnt order OF the parent
branch They are objecting to the
raise in rates and are preparing to
make a legal fight on the order.
Find Body Of Man in Tunnel.
The body of man that has been
dead for several days was found in
tunnel leading from the Des Molnes
river to the Des Moines electric light