Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-04-21
co1-RT FINDS PERJURY.

Somebody evidently perjured himse!t
in the case in re Brashear. ~ Pacilic
Reporter, 73l. Petitioner prays. Tor u
writ of habeas corpus stating mat ne
is unlawfully confined supder a com
nitment. which commitment alleges
that judgment and sentence nag peen
rendered against him, and petitioner
denies that there was Judgment ana
sentence OF record at the time OF the
issuance of the commitment. The petit
ton is sworn to by petitioner Inc
attorney general replies by filing
copy of the judgment. which petitioner
has stated under oath does not exist.
1t therefore appears that the affidavit
made by petitioner is untrue. me
reprobation of the criminal court al
appeals Of Oklahoma is-eest shown by
the following: The attorney general ID
instructed TO withdraw the papers IN
said case from the files of this court
and present them 10 the county attor-
new Of Oklahoma county. in order that
petitioner and all persons concerned
with him in making such untrue state
ment may be prosecuted for perjury.
Such practices must be stopped before
Justice in it's purity can be admins
tered in Oklahoma. Criminals must
be made TO know that it is serious
and exceedingly dangerous thing 10
make false statements under oath In
this state All the time of this court
is taken up in considering bona fide
cases. We have no time to spend on
fictitious cases founded on perjury"
Needless to say the habeas corpus writ
was refused. -
SUNDAY LAW AND BASEBALL.
Defendant in Territory VS.. Daven-
port. 124 Pacific Reporter, 7s5, was
charged with having violated the Sun
day law by engaging in g. game Of
baseball. The law prohibited persons
from engaging in any sports, or in
horse racing, cock fighting, ETC., on
Sunday. The supreme court OF New
Mexico holds that baseball, SO long as
it Is conducted and carried on in a
harmless and proper manner. free from
rowdyism, gambling, and immortality.
does not come within sports PROMPTED
10y the statute. The court says: What
could be more restful or helpful TO the
| man who spends his week in an Office
or a close shop than to engage in an
invigorating. clean, and wholesome
exercise. such as baseball, on this day.
Baseball is essential and natural In
the nature Of amusement, both for the
| participants and spectators, and is far
removed from the ordinary meaning
| of the word labor"
AUTOMOBILE ACCIDENTS.
The constitutionality Of a statute is
assailed In Elk parte Kneedler l4'
Southwestern Reporter, 9S3. on
| somewhat technical ground. The stat
| ute provides that any person operating
| a. motor vehicle who. knowing that IN
| Jury has been caused, leaves the place
| without stopping or giving his name
etc., shall be guilty Of felony. the
contention made is that such statute
| is invalid. because it violates the con-
stitutional provision that mo person
shall be compelled to testify against
| himself in a criminal cause. Ihe ar
gurnent is that the driver may pe
| charged with the crime OF ,culpanle
! negligence, and that the Information
exacted by the statute in question may
| be used as evidence to establish MS
connection with the injury. The su-
| preme court of Missouri meets this ar
| gument with its own: That the stat
ute is a simple police regulation. Be
cause the driver discloses his identity
is no evidence of guilt. but rather OF
] innocence. On the contrary, flight Is
| regarded as evidence OF guilt. The
court holds that the statute imposes a
: proper restriction and is valid.