The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1915-09-23
IOWA SUPREME
COURT DECISIONS

Des Moines, Sept. 21.-Fifty-two
years ago to-day Abraham Lincoln
signed the emancipation proclama.
ton freeing every Negro slave in the
south. Among the Slaves it benefited
were the parents of George H. Wood
son, Negro attorney of Buxton. To.
day, on the anniversary of Lincoln's
great act, Mr. Woodson presented
final arguments before the Iowa su-
preme court seeking the freedom of
William Hesse, who is of Lincoln's
race. Hesse has been convicted of
manslaughter and sentenced to serve
eight years in prison. Mr.. WOOdsOn
personally furnished the $4,000 bond
necessary to keep Hesse out Of pris-
on pending decision of the appeal to
the supreme court Ruth Carson, who
lived with her husband, J. w. Carson,
on a farm in Union township, Monroe
county, died of a broken neck during
dispute with Hesse en- q road at
Carson's home. Only Hesse and his
hired man were witnesses to it. The
state. contends that Hesse slapped
her, breaking the spinal column.
Eesse says she was suddenly strick-
en- with epilepsy or similar ailment
and fell to the ground, breaking her
neck in the fall. The lower court
convicted him of manslaughter.
AS the result of an opinion rem
dered by the court, destroying the pa
role feature of the Iowa inebriate
! law, there will be IA scramble of in
mates at the inebriate hospitals at
, cure their liberty in habeas corpus
| proceedings, believes Judge Deemer
in dissenting opinion. The decis.
ion came in the case of Lucille Adds
against Superintendent Applegate,
appellant in habeas corpus proceed
ing brought in Clayton county. The
plaintiff, who was in the inebriate
section of the Mount Pleasant hos.
pital for a cure of the morphine hab.
it, was given her liberty over the pro.
test of the superintendent, who de.
clared she was not cured.
+ The chief justice scolds the majority
of the court for the findings. He de.
clares that the court upheld the con-
stitutionality of the indeterminate
sentence law and that the inebriate
law, which is similar in nature,
should have been sustained Justice
Preston agrees with him in the dis.
lsenting opinion.
The court evidently had a difficult
|, time reaching an opinion in this case
Justices GaynOr, Weaver, Evans and
Salinger concur in the majority opin,
ion. Justices Deemer and Preston
agree in their dissenting opinion;
Justice Ladd agrees with the first
section of the majority opinion and
, with the last section of the dissent
r ing opinion. Justice Salinger wrote
| a special concurring opinion. Alto
Igether there are over 100 typewriter
pages in the opinion.
: The court handed down the follow
5 ing opinions:
Adds VS.. Applegate, appellant
e Clayton county. Affirmed.
}, Markley VS.. c., NJ. G. st. P. Rail
road Company, appellant Dalla!
t county. Reversed and remanded.
n Miller VS.. Harrison county, appel
t liant. Crawford county. Affirmed.
Carmichael, administrator, appel
liant, VS.. Bettendorf Axle Company
Scott county. Affirmed.
Knowleton VS.. Baumhover, ct al
appellants. Carroll county. Re
/ versed and remanded.
Ellenberger ct al appellants, VS.
Evans, ct al. johnson county. Al
firmed t.a
Whitman, appellant, vs.. c. G. w
Railway Company, Bremen county,
> Reversed.
J, zinkula, ct al, appellants. VS.. Zir
kula, ct al. Johnson county. All
e firmed.
: Flannery vs.. lnterurban Railwa
j Company, appellant. Dallas county
4 Affirmed
/ Middleton, appellant, vs.. city Of G,
dar Falls, ct al. Black Hawk cour
~. Reversed.