Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-01-05

marfies Q eitisen becomes . cttt1en
herself. whether she wishes It or not.
! as the cases We have cited declare. 20
female citizen who marries an alien
becomes herself an alien, whether she
intends that result as the consequence
OF her marriage or not. She must bow
to the will Of the nation, as expressed
by the act Of Congress.
DIAMOND PURCHASED ON IN
SrALLMENT.
Ambitious seekers for personal
adornment will find little solace in the
decision Of the New York Supreme
Court in People ex rel. Hammond v.
Becker. 143 New York Supplement. 277.
1t might be suggested that q hunger
strike would be more effective than an
application for order to vacate, and
certiorari. Relator had bought palr
OF diamond earrings on the instalfment
plan. The contract provided that the
title was to remain in the vendors till
full price was paid. She fell in arrears
for payment, and after several
demands and refusal. replevin ana re-
fusal to deliver to sheriff. she was duly
lodged in jail The statute provides
that: "A defendant may be arrested in
an action 80 ca To recover for per-
sonal injury; and injury to property.
including the wrongful taking, deten-
ton or conversion of personal property
J. But "a woman cannot be ar
rested. as prescribed in this title, ex-
cept in a case where 1t appears
that the action Is to recover damages
for willful injury to person, cnarac-
ter, or property" The court held that
the refusal to surrender the earrings
was wrongful detention" and con-
sequently an Injury to property"
within this provision. since section
3343, subd. 10. Of the Code. defines an
injury to property" as an "actionable
act, whereby the estate of another Is
lessened. other than a personal injury.
or the breach OF contract" AS the
lower court found that the detention
was willful, her freedom was denied.
JUSTICES DENIED THE POWER.
1t has now been positively decided
that juctice courts are no more e5-
fective in granting immunity from
criminal prosecution than are county
attorneys or superior court judges.
Shades Of justice! What a dissertation!
The mighty sire Of the village Is now
limited still more In his sway. 1t was
held by the criminal court of appeals
of Oklahoma in Faucet KS. state. 134
the peace acting as coroner is without
power to grant immunity to any wit
ness for answering self-incrIminating
questions at an inquest In a trial for
manslaughter the defendant claimed
immunity !-c3: prosecution under the
constitution Of the state. because he
had, against his protest, been Gem
PEELED to give his account about the
fei hafn i,rc
The court in part adopts. and quotes as
follows from the case Of Scribner VS..
state. Pacific 933: IF country attor-
ney can not discontinue or abandon
prosecution for public offense, except
with the consent and approval Of the
court, - and If such dismissal. tho
made with the approval OF the court,
does not bar another prosecution for
the same offense, with what show OF
reason can it be said that county at
torney or any inferior tribunal can
grant q defendant Immunity and abso-
diction from prosecuting and Furnishing
crtminalT"
DUTIES OF "A HUSBAND.
Judge Russell in Wright VS.. Bank Of
Southwestern Georgia (court Of ap-
porter. 1s4, gives a characteristic bit Of
philosophy and humor concerning con-
nubial felicity: 1T would seem that in
a state Of ideal connubial felicity moth
ing would be more natural than for a
husband to find pleasure in the prompt
and eager discharge Of his spouse's
slightest wish, to say nothing Of that
impelling sense OF duty which would
a1x.e 20
any Of her business affairs, and thus
relieve her from even the smallest an
noyance; but the evidence does not
disclose whether the tie which bound
Shade to Cynthia was the silken cord
Of love or the hateful chain Of con-
vention. As applied in modern wives
gether' does not always import that
they are living at the same place. The
expression merely implies that there
has been no separation. voluntary or
legal, which can legally be said to have
released either from their duties to the
other under the strict letter of the law
was not authorized to assume, from
the testimony to the effect that
Cynthia lived with Shade. that Shade
"oo 11SAA6 WIN SSAtAI1s OH cAl t0S
house where Cynthia abode at the time
Of the trial. or. even II he were there.
that he was bound to journey eighteen
miles to Leesburf to inform the de-
PENDANTS lawyers that his wife was
sick. No presumptions arising from
the evidence can be INDUCED. except
such as are authorized by law: and as
1t was not the duty OF the defendants
husband to assist her counsel, or give
them information as to his wife, GER
tainly nothing moro could be presumed
than that he would do his duty. But
even II the husband 4hould have per-
formed this service for biz wife. we
hardly think the wife should be
charged with the failure Of her hus-
band to do his duty. A general en-
forcement OF this principle would be
hard law for wives. Proof ina. Inc
defendant was a married woman, who
was not separated from her husband,
was not, without more. sufficient to
dtsprove and impeach defendant, who
testified. on showing for continuance,
that she had no one by whom she could
send the physicians certificate, or 9th.
erwise notify the court that she was
physically unable to attend the court
Even II there be q presumption that
every husband does his duty. the duty
OF making showing for tho continue
ance for his wife in suit upon a note