Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-12-22
SUPREME COURT CONSIDERS
ETHICS OF HUMAN COMBAT
Case Appealed From Crawford County
in Which 81 Damages Had Been
Awarded by Lower Court Because Of
AssauIt-Harnsy consldsrs Suggested
Trade Mark For Iowa Butter. ~ z
pecial to Times-Republican.

ethical as means Of self defense. The
court really held the other day that
the use Of teeth is all right under some
circumstances.
In the case Of Mill VS.. Roulliard.
from Crawford county, a jury had
awarded 81 to the plaintiff as damages
because the defendant struck and bit
him. Mill appealed and said the YER
dict negatives the plea Of self defense
but was Inadequate. The supreme
court found that the Jury probably
found that $1,twas enough for the fist
blow and that the chewing was de-
feasible.
Looking at. the case on its larger
merits" said the court. the fight was
one Of the plaintiffs own choosing. If
he did not actually strike the first
blow he, intended to do SO. After weeks
Of meditation and watchful waiting he
chose the time and place. These were
chosen with view to- his complake
protection. His brothers protected each
flank and Poster was in reserve $50 feet
away. In the final encounter the
| brother James was participant and
according to his own testimony took
hold OF one OF the defendants arms
and put my knee on his neck and
pu.A him or The defendant was a
man At years Of age; the plaintiff and
| his brother were 20 and 81. The plain
tiff weighed 14O pounds; the defendant
$50. So one had the advantage of
weight and the other Of wind. The de-
PENDANT neither sought the controversy
nor sought to continue 1t. 1t is con-
ceded that he ran away. In so doing
| he presented to plaintiff an inglorious
spectacle This only stimulated plain
tif.s courage and he gave chase. One
hundred eighty pounds were not so
| fleet as 140 pounds, and hence the law
| Of nature, self-defense. There is some
thing in the books about worm that
| turned. The verdict was generous to
the PLAINTIFF and we fnd in the record
no ground for reversal"
And so it goes into the books that
sometimes under some circumstances
biting is proper as self defense.
A suggested trademark for Iowa but
ter has been considered by Commits
| sioner Barney, of the dairy and food
department. It has as an outline the
border line Of the state Of Iowa. Within
this Il q double circle. which con-
tains the words BEST Iowa Butter"
These words are between the two
circles and there is room for the name
OF the creamery or maker In the same
place. Within the map outline are the
words Honor Bright" Within the
smallest of the two circles is a picture
Of the head Of cow.
This has not been adopted, but the
advice and comment of creamery men
and all interested in the subject is to
be asked and If there are other and
better suggestions they will be given
right and adopt q trademark for Iowa
butter and to have it generally used
on all Iowa made butter.
80
Only one of the road camps from
the prison and reformatory is still in
operation. That is the. one which is
at work on the epileptic colony near
Woodward The camp work for con-
victs at Ames. Glenwood and Column
bus Junction have all been closed out
and the men paid off.
The fact that road camps can only
be maintained during a part Of the
year, In Iowa, makes 1t impossible, so
the members aof the board of control
believe, to rely on these camps for
furnishing any large proportion of the
opportunity for labor for the convicts.
Farm operations could be carried on
for even shorter periods and only a
relatively small proportion of the con-
victs could be made use of at all either
on farms or on roads. But it is ex-
pected there will be next year the same,
or even better use of convicts for road
and farm work In the state. The sue
cess this, year was gratifying.
There. were sixty three men in the
camp at Ames, part of them having
also been at Columbus Junction. The
total cost OF these camps TO the state
highway commission, for working on
the roads. was $9,799.4O. The. .ex-
penses OF the-camp were s3,959.01 and
the amount paid the prisoners was
t2,267.36 The men were paid at the
rate of s cents an hour.
Joe H. Byrnes, deputy state auditor,
will remain in Des Moines at the end
of his term, and become connected
with -the Royal Union Life Insurance
Company of this city. He will have
new position in the office. that Of man
ager of the publicity advertising and
purchase OF supplies. ne was sought
after for positions with other concerns
but accepted this as most congenial
and giving the finest outlook.
Mr.. Byrnes became connected with
the Office Of auditor Of state when Gov.
Carroll was indicted into Office and
has continued, his connection to the
present time. He has been an efficient
and painstaking official ever mindful
of the interests of the state.
The finance committee Of the state
board OF education was definitely To-
Gated in offices yesterday. The COM
mittee has been assigned to certain
brick flats in the block east OF the
state capitol, where, the Offices will be
maintained the year round regardless
OF the. Legislature. The flats were bar
gained for last Saturday and the own
er. agreed to,get out the 9Th OF January.
The finance committee has been oc-
the rooms Of the speaker of
the house and rooms for the clerk Of
the house.
q The commerce counsel department
ovedeyesterday to buildings north of
the state house on Grand avenue which
have been fitted up for the law depart
ment Of the railroad commission. The