Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-09-22
STATE BOARD OF CONTROL DIS
PLEASED WITH DECISION IN
INEsRIATE's CASE.
WILL INACCURATE ENDLESS
NUMBER OF COURT SUITS
Member. Of Jag Retreat Can Bring
Aetis~-u Under Habeas Corpus as
Long n They or Friends Can FL
nance Litisatien-Distriet Judges
May Fix Money Judgments.

Des Moines, Sept. 22-Members Of the
there will be considerable trouble with
inebriates endeavoring to secure their
release under the habeas corpus act.
In the light of the supreme courts rul-
ing in the case of Lucille Adds against
G. r. Appiegate, superintendent Of the
hospital at Mount Pleasant. The plain
tiff was committed to the Mount Pleas
ant hospital as a victim Of the NOR
phine habit in April, 1911, and she
made application for release before
Judge w. ]. Springer, Of Clayton coun-
ty, under writ Of habeas corpus in Au-
gust, 1912. She was granted release
and Superintendent Apologize appealed
the case. The supreme court sus-
tanned the lower court in its ruling
handed down yesterday
Dsemer Points Danger.
In mis- dissenting opinion Chief JUS
tice Deemer declared that "the conclu-
sion reached by the majority Is fraught
with such vital consequences that I
can not concur therein. Fortunately
the legislature has cured one OF the mis-
chiefs of the opinion by the enactment
Of Chapter 293, acts of the Thirty fifth
general assembly, making it impossible
hereafter for iAmates of inebriate
asylums to commence action of habeas
corpus against superintendent of the
hospitals before any judge in any coun-
ty OF the state, no matter how remote.
Chief Justice Deemer further de-
clares in his dissenting opinion that
the majority has destroyed the most
valuable feature of the inebriate law
by permitting and suggesting to every
dipsomaniac and every victim of the
drug habit how to disregard the parole
features of the law and encouraging
them to bring as many actions Of ha-
beas corpus as they can induce attor-
neys to commence. Under allegations
of cure and without submitting the
matter to the superintendent at all any
inmate may now secure writ Of ha-
beas corpus and demand as many trials
as he or his friends may be able to
finance
Justice Saiinser in an opinion con-
curing with the majority declares that
the parole law is not involved in this
case as the term Of detention in such
cases is until the patient is cured and
not exceeding three years. The point
at issue. he states, was whether or not
the patient was cured. AS to the place
of bringing the action, he declares the
law permits habeas corpus proceed
ings to be brought in the county in
which the defendant resides or in
which the official act complained of has
been done.
Court May Fix Money Judgment.
no icf i'm, DON
appears to the court as excessive the
court may fix an amount which in its
Judgment would be fair and right be-
tween parties and allow the plaintiff
to accept that amount and judgment
therefore or reject it as he sees At. II
he fails to accept q new trial may be
ordered. This is the ruling of the SUI
preme court as handed down in the
case Of H. B. Carmichael, administrator
of the estate of Herbert I. Henry. who
was killed in an accident while working
for the Bettendorf Axle Company at
Bettendorf.
The administrator. brought suit
against the Bettendorf company for
damages and was awarded $11, 200. The
defendant filed motion for a new
trial, principally on the grounds that
the verdict was excessive. The lower
court in its ruling declared as its opin-
ion that the judgment was excessive
and the court rendered the plaintiff the
option to accept or reject $4,000, as
damages. The plaintiff refused to ac-
cept this and new trial was ordered
by the judge. This was appealed from
and now the supreme court sustains
the lower court