Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-01-05
Important Decisions
tho following notes OF cases are
from the West Publishing Company

UNIV ALI5ED HUMILIATION.
There Is a fascinating charm to
figures. whether rotound, slender, an
gular or numerical. A sheriff Of Lib
erty county Texas. must have had a
fond faith in the figure nine: for in
Gulf. C. & 8. F. Ry. Co. vs.. Sharman
court OF Civil Appeals Of Texas) 15s
Southwestern Reporter. 1045, he asks
in damages for cluster OF ave Mines
SsSs.99 for being forced to ride In a
negro coach-with his negro prisoner.
One wonders how hts alleged mortiica-
ton and humiliation reached this pre-
else valuation. True. these are figures
to be conjured with. Just think how
i, would feel to hold Ave mines In a
poker game. However. the sheriff bet
on the wrong figure. The question
raised in this case was whether or not
a conductor had the discretionary
power to determine whether a negro.
in charge OF white sheriff. should ride
with the officer in the coach for
whites, or whether the officer and his
prisoner should ride in the coach for
negroes The cour. decided that, under
the statutes of Texas, the conductor
had such power, and 1.-The railroad
company would not be liable for the
conductors act in compelling the Off
Ger and negro to ride In the coach for
negroes"
PRIVILEGED COMMUNICATIONS.
The rule Of privileged communica-
tons Is based upon the idea of en-
couraging complete intimacy between
parties necessarily thrown into conf
Dental relations. so that the purpose
OF the relationship may be the better
obtained. This end Is brought about
by guarantying to the party to be
charged, so to speak. full secrecy In the
matter, in that disclosure of his com
munications on the witness stand Will
not be required. So it has come about
that a client has this right to protec-
ton. but in a certain case the clients
right to keep his attorneys mouth
sealed falls below q higher right than
the attorney may have. Smith vs.
Guerre, $50 southwestern Reporter
AT, was an action on a contract. The
attorney was one Of the parties, being
involved in Its execution. Evidence
was adduced attacking the attorney g
fidelity in the matter, and then. on the
attorneys desiring to stand up IN court
and testify. the objection was raised
that the transaction was between at
torney and client, and therefore should
receive the privilege and sanctity OF
privileged communication. The couss OF
civil appeals Of Texas. quoting from
the notes to Bryan VI. Spaulding, oo
Am. st. Rep, c41, said that, III s0ca
case, "the object Of the rule ceases
and the attorney is no longer bound
by his obligation OF secrecy when MS
client or representatives charge MIN
either directly or indirectly. with fraud
or other improper and unprofessional
conduct, and he may testify az to the
facts"
ONE VOTE LOST.
In newspaper parlance the question
OF citizenship is always OF human IN
terest. In Mackenzie v. Hare (Supreme
Court Of California; 1s4 Pacific Re-
porter, 71S, the point At issue wa
whether q woman, born and ever since
residing in the state Of California loses
her citisenship. and consequent riens
to vote. by her marriage to an alien:
It appears that plaintiff was born AND
has ever since resided In California. In
1909 she married Gordon Mackenzie, Z
native aud subject 81 the Kingdom OF
Great Britain, who also lives and In
tends to permanently reside in Cali
fornia. although not apparently In
tending TO become . citiSen. In Janu-
AIRY. 1914. Mn. Mackenzie, plaintiff.
applied 70 the defendant Board of Elec-
ton Commissioners OF San Ffancised
to be registered az Q voter. Regtstr1-
ton was denied her on the ground that
by reason Of her marriage to Gordon
Mackenzie, I subject Of Great Britain.
she thereupon took the nationality Of
her hushan6 ana cenaed 10 b q citSDOn