Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-06-23
SUPREME COURT RULES coNvlc.
TIoN IN GRUMPY COURT
WAS PROPER.
JURYs FINDING UPHELD
IN ENLIGHTENMENT SUIT
Long Drawn Out Case Over Mile Of
Track in Des Moinss Decided Against
HubbeIIs-TitIe Much Involved
Owners Of Dam Must Pay Property
Owners Damases-othsr Decisions.
pecial to rimes-Republican.

Special to Times-Republican.
Des Moines. June 23.-The supreme
court decided the interesting case Of A.
e. Boggs. of Waterloo, tried in Grundy
county, holding his conviction for lar
ceny by ENFORCEMENT to be right.
Bogss was engaged in high finance
with bank holding the bag and all
came down with a crash. He was en-
gagged in selling tombstones and monu-
ments. He went to the Farmers Saw
ings Bank of Morrison and borrowed
$500 putting up sale contracts as COL
lateral. Before the close of year he
mad In this manner borrowed $4,000
from the little bank, and had up sales
contracts for $4,000. In gathering up
the wreckage it was found that Boggs
had collected one contract at $3.50 and
Kept the money. On this he was pros
ecuted, and stuck.
The supreme court reversed Judge
McHenry again in case in which p.
x. Wilmer, prominent real estate and
insurance agent, was sued for damages
because his automobile hit person on
the street. The court held the driver
responsible.
Aubbells Lose Out.
Judge ]. G. Cook, long time attor-
ney for the Milwaukee made a sort of
half promise he would be ready to die
when he won his big suit against the
Des Moines Union railroad; but he
probably will he willing to live some
time and enjoy the fruits of his victory
over the Hubbells. The supreme court
yesterday put the finishing touches on
the case by overruling a motion for re-
hearing. The famous mile Of track in
nes Moines will therefore remain the
property Of .he Milwaukee company
after having been owned and operated
by the Union for thirty years.
The case involved vast amount Of
evidence relating to many complicated
transactions Of the various railroads
entering Des Moi2es. The fact seemed
to be that for many years the Union
failed to report this part Of the line for
assessment, and seemingly did not
claim to control 1t. Likewise the Mil
"sukee for many years failed to assert
its right TO the track. When Judge
Cook looked the matter up and as
serted the Milwaukee owned 1t, the big
lawyers for the company shook their
heads and intimated the veteran Judge
was on his dotage; but he fought It
thru py main strength and won.
The track is part Of the connect
Ing line to the west Of Des Moines and
as such Is quite valuable.
Dam Case Decided.
The supreme court yesterday dis
posed Of the rights accruing under a
territorial charter. The case involved
protest against raising dam in the
Skunk river in Henry county. The Iowa
Power Company claimed rights under
a charter granted by the territory of
Iowa to Robert Wilson, who was au-
thorized to build the dam and required
to put in a lock seventy-five feet long
because the Skunk river was navigable.
The court found that the owners Of the
dam should pay the damages due to
property by reason Of overflow when
the water level was raised. and they
are given ninety days in which to re-
condemn and SETTLE or the sheriff will
proceed to tear down the dam.