Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-01-16
ORDER FOR REVERSAL RECEIVED
FROM UNITED STATES su.
PREME COURT.
CASE FROM WRIGHT COUNTY
suFFETEp FOR FIVE YEARS
Suit Involving Limited Liability"
Stock Contracts Comes Back For Re-
hearing After Being Before Three
Courts, Congress and Executive De-
partment at Washington.
Special to Times-Republican.

Special to Times-Republican.
Des Moines, Jan. 16.-Aa echo OF
case that has gone thru the United
States supreme court thru congress
and thru the executive department, ap-
peared in the Iowa supreme court this
week. The entry was simple. 1t was
in the case Of Jelske Cramer VS.. c., r.
/. & P. railway. from Wright county.
The Iowa supreme court affirmed
Judge Albrook, the opinion by Judge
Deemer, filing the opinion Nov. 20.
1911. This week the Iowa supreme
ance with orders from Washington an
entry Of reversal is made in this s.
year-o old case.
1t is the case involving the <5imited
liability" stock contracts Of the rail-
road companies. The Iowa district
and supreme courts held that the linn
tied liability clause was no good. even
on interstate shipments. because Of an
Iowa law forbidding 1t. Then followed
an interesting history-decision Of the
United States supreme court UNFOLDING
the Iowa court, then congressional ac-
ton to put the Iowa statute. into fed
eral law, later decision oy the United
States court that the amendment ac-
complished exactly what it was in
tended not to do and that instead of
outlawing these limited liability con-
tracts 1t legalized them. consequently
the Iowa law went by the board. the
federal law was no good. General re-
suit was that the situation Is worse
than when congress and the courts
commenced to monkey with 1t.
Then Cummins got the bill thru the
senate to really and truly forbid these
contract limitations. Later the house
committee decided it was all right. But
the house managers decided also that
until Wilson gives the word there can
oe nothing doing. The president has
refused to give the word.
In the meantime the mandate Of the
United States supreme court comes
back and Chief Justice Deemer made
\ little entry in the Red Book to the
effect that because OF what has hap
pened at Washington 1t is hereby or
lered that the case from Wright coun-
ty be reversed. Whereas In Judge AL
crooks court the plaintiff got judg-
ment for what the shipment of hogs
from Gait to Chicago was worth, now
ne will get only the SO head or the
Limitation in the contract
Courts Year Record.
The Iowa supreme court, which COM
menced another term and year this
week, INDUCED in larger number Of
reversals in 1914 than in the previous
year: but the number in criminal cases
IS not 50 large as generally supposed.
The number Of criminal cases passed
on is not very large, in fact
The record shows thatin 1913 the
court filed 511 decisions. Of which S77
were affirmations, or what amounts
to that, and 134 were reversals In 1914
there were decisions filed in AS cases
Of which 314 were affirmatlons and 1S1
reversals.
In the state cases the record was
forty -four affirmations and ten re-
versals in 1913: while in 1914 there
were twenty seven affirmations and
several reversals.
These state cases. were not all
criminal exactly. OF the reversed cases
in which the state was q party there
was the express company case from
Ottumwa involving the application Of
the Webb Kenyon law; the case from
Polk county involving the constitu-
tionality Of the ice cream law; and the
case from Hardin county involving the
constitutionality Of the automobile
law. The others were the Manigan
case from Polk county, murder; the
Foxton case from Bremen, assault; the
Kirk case from johnson, nanslaugh-
ter: and the DR.. Moon case from
Blackhawk, murder.