Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-05-16
SUPREME COURT TAKES RECESS
UNTIL JUNE 49, AFTER LONG
" SESSION.
THREE MEMBERS DESIRE
TO DO SOME CAMPAIGNING
Full Bench to Hear Application Of
!, Earl Jones For Release From Prison
Late Decisions Contain BsIatsd
Victory For Late John F. Lacey
Final Decisions. -


Des Moines. May 1s-The supreme
court cut short the May term yester-
day and members separated. Three Of
the members are candidates before the
primary for denomination. It is pre-
sumed that each one desires to do at
least q little personal work for himself.
and thus far, the court having been In
continuous session, mono Of them has
had . chance to 80 his friends on the
little matter OF saFnsrinng votes.
The court will meet again June 10
and be In session also on the 2lst and
ED. Tho full bench Will sit at that
time TO take up matters that must be
handled by all the members. An order
was entered for tho hearing on the
END Of the application for habeas cor
pus on behalf Of Earle C. Jones to Sc
cure release from Anamosa. This
must properly come before the full
bench, since the attorneys have at
tackled tho constitutional amendment
under which 1t is possible to secure an
indictment without grand jury. They
set up that when this amendment was
adopted there were two amendments
relating to grand juries that were sub
mitted together, whereas each and
every amendment must be submitted by
Itself and not be tied up to any other.
They claim the two amendments were
SO separate in character that neither
one is in fact legally part OF the con-
stitution. This seems to be the first
. time this question has been tackled in
the courts.
eslatsd Victory For Lacey.
One OF the decisions OF the last batch
was a victory for the late John F..
Lacey IN a coal mining damage suit.
His client Ralph II. Looney, had sued
tho Garfield Coal Company for dam
axes. One Of the defenses was that
the injured man was volunteer
worked and not regularly employed and
especially was not employed as a coal
miner at the time he was working in
a room Of the mine. But the court
found that he was sent to the mine ur-
der instructions to do what certain
others told him to do and he followed
their Instructions so that he must be
REGARDED ~ in the employ Of the mine
company.
A larceny case from Bremen county,
that In which w. J. Clark was sec
ond time convicted. was affirmed. The
principal complaint on which appeal
was based was that improper exhibits
had been introduced.
Final Court Decisions.
Fynnl decisions before adjournment
follow:
Ralph II. Looney, appellant. VS.. Gar
AeId Coal Company, Mahaska county.
Judge x. 10. Wilcoxen. Action to recoV-
err damages. Reversed and remanded'
Opinion by Justice Deemer.
In the estate OF All Ialiacksoh
Brackey, appellant, VS.. l. A: Jensen
executor, appealed from Winnepaso
county, Judge J. F. Clyde. Action 70
compel executor to discharge mort
cages. Reversed and remanded.
George F! McCarty We. Amanda NJ.
Campbell, ct al. appellant, tMahaska
county. Judge F. Talbot. Action 10
partition certain real estate. Dismissed
opinion by Deemer.
James O'Connor. plaintiff. vs.. P. Fl.
Halpin, defendant Dubuque county
Judge Robert Bronson. Action to es-
tahlish a dover interest in land for
partition. Affirmed. Opinion by Cay
ner.
state OF iowa w. W. J. Clark. appel
liant Bremen county. Judge c. n. KEEL
lev Affirmed. Larceny. Opinion by
withrow.
Z. g. Harmon plaintiff. vs. B. E.
1oonn.s. defendant. Dubuque county.
Judge j. W. Kintzinger. Appeal by de-
|endant from a ruling granting new
.r,o, Affirmed. Opinion by WithroW.