Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-05-18
Important Decisions
tho following notes Of caAss are
from the West Publishin4 Company.

L uc NocSllOIl lHNoiNc0 40 "14SlhSI q
newspaper could be required by man
statute OF South Dakota involved
(Code CITY. Proc. art. 764) provides
that mandamus shall issue only to an
inferior tribunal, corporate board. or
person to compel the performance Of
an act which the law especially entoins
as duty resulting from office. trust.
or station. Plaintiffs were the owners
Of some thousand odd acres OF land
situated within the corporate limits Of
a town. This property was not d.
vided OF into lots. and probably be-
cause Of the expenses OF taxation. ETC..
plaintiffs desired that 1t be excluded
from the towns boundaries. In order
to obta in such action under the statute
Of South Dakota 1t was necessary that
a petition be made up. signed by the
requisite number OF voters and proper
t. holders. and presented 20 the town
council or trustees for their action. and
that the council or trustees may then
consider the proposition. providing that
Anal action may not be taken In the
matter till notice by publication In a
newspaper published in such city or
town for a certain length OF time had
drst been given. Al 1.-The procedure In
the present case was complied with ex-
cept the publication OF notice. and this.
because the publisher Of what was ap-
parentIy the only newspaper OF the
town surnmarily refused to publish 1t
notwithstanding the fact thst her fees
for publication were offered In ADVANCE
Plaintiffs then sought their remedy by
mandamus under the above statute.
but the supreme court OF South Dako-
ia, while not expressing an opinion
with reference to the duties or obliga-
tons Of a newspaper that has been
designated as the Official newspaper
OF any particular municipality. as the
question was not involved on the ap-
peal. held that the writ could not be
granted. saying that publication OF a
Newspaper is strictly . private bust
ness: 1t may be begun or discontinued
at the VIII OF the publisher who In no
manner assumes position OF Office.
trust or station. in a public sense, or
enters into no public or contractual re-
lation with the community at large
within the provisions OF the above
statute. Mack v. Costello. LAB North
western Reporter $50
AnSf1SSIBILITY OF DlHOSORA :
BILE DISCHARGE FROM NAVY.
While laboring under considerable
excitement and evidently believing
himself to have been greatly wronsed
by his wife's desertion induced by
one time friend. defendant in State v.
Shaw. 1s6 Pacific Reporter. 20. shot
and killed his wife. Mental irresponsl-
biIity was his defense. TO show MS
sound physical and mental condition
and also his bad character. dishon-
orable discharge from the navy was
introduced In evidence on the cross
examination Of the defendant. The su-
preme court OF Washington held that'
az defendant had not put his character
In issue, the discharge was 1nadmissa :
HE against him, and. even had he VOL
unfairly put his character In Issue. II
would not be competent proof tending
to show his bad character. nor was X
admissible to show that defendant was
physically and mentally SOUND, the
statements therein being ex parte, not
made under oath nor with any oppor-
tunitv on the part OF defendant 20
cross examine the person making
them.
FALSE STATEMENTS TO MERCAN-
TILE AGENCY.
Proceedings for the reclamatio OF
merchandise sold to a bankrupt can be
maintained where the goods are sold
and credit extended on rating given
by commercial agency, based on to-
ta,ty false statement orally made by
a bankrupt to a Representative Of the
agency. Such Is the holding OF the
United States district court Of Ohio IN
Re Johnson. EOS Federal Reporter. 1s4
The rating in this case was based upon
verbal statements Of the bankrupt. to
be used in the revision of the ratings
Of the merchants by the mercantile
agency. and correspondent with a signed
statement made by the bankrupt year
previous The court in speaking OF the
hankrupt's responsibility for his false
rating said: TN view Of the shambling
and equivocal nature OF the bankrupts
replies TO questions touching his rela
! ton to the making OF this last rating
| wherein he suffers a loss Of memory
| II Is not difficult for tine court to find
that the more reliable testimony is
that of the reporter for the mercantile
! agency.