The Glenwood post., 1915-06-12

l
protection Of the law goes to the rights
/ Of propssty as we'll as to the liberty
Of tAs Pssssn.
The -priseiPle announced in the ma
jority Of OpiniOu, is repugnant to my
every sense OF justice, and in my opIn
ibn, i in eoatlict with the very letter
and spirit Of our laws, and, as Mr..
Justice Teller has SO clearly pointed
out, there il in this case a plain remedy
under the conmUu law, if not by the
statutes.
0nst Return Fees
A second opinion rendered by the
court will give all of the county clerks
and recorder since 1907 heart failure
and incidentally will increase the gem
eral revenue fund of the state approx;-
mately t25,00u. The court holds that
the law allowin- county clerks to keep
25 per cent OF all money collected for
license fees is unconstitutional, and
directs them to return the amounts
collected back to the game and fish
department.
In 1907 the legislature passed law
providing certain licenses for hunting
and fishing. 1t provided a fee of 81
for each and every license. OF this 81
IS cents was to be paid to the game
and fish department, and 25 cents re-
tained by the county clerk for his
trouble. The county commissioners of
FL Paso county brought suit to compel
the county clerk to pay all of the
moneys thus collected into the game
and fish department. Today the .u-
prene coart sustained that suit. It
holds that the extra fee amounted to
an increase in salary and that the sal
afy Of the county clerk is fixed by th<r
constitution. There has been four
terms Of county clerks in each county
since the law went into effect. All If
them will have to return to the game
and fish department all the moneys
they retained in fees. They are under
bonds and the game and fish depart
ment will Immediately check their &C
count and bill their bondsmen for the
amount.
James A. Shinn, former game and
fish cOmmissioner, lost his case against
the state before the supreme court to-
day.
When Game and Fish Commissioner
Fraser was appointed two years ago,
Shinn contested his appointment on the
ground that the civil service law held
him over. He claimed that he could
not be fired, except through the pre-
ferring and sustaining of charges
against his official act. The supreme
court holds that the civil service law
was not in effect when he was origin
ally appointed and that therefore his
appointment or his discharge were not
under the provisions Of that law. The
opinion was . technical one, but the
result is as noted above.
Garcia 0ses New Trial
Lauro Garcia, who killed C. f. Brock
man, = policeman of Fort Collins, ani
whose penalty was fixed at death, is
to get = new trial.
1t seems that just before Garcia
killed the police officer he had stab
bing affray with = man named Kelley.
The trial court admitted evidence a,
the trial pertaining to the stabbing aid
also admitted evidence showing the
suffering of Kelley following the stall,
bing and the ultimate result of Kel-
ley's injuries. The supreme court
holds that the evidence pertaining to
petent testimony, but that the evidence
petent testimony, but that he evidence
pertaining to Kelley's suffering and to
the final result Of his injuries was not
admissible.
The court holds that this evidenc
perhaps prejudiced the minds of the
jury against the defendant. The court
says: "The defendant was not being
tried for the stabbing of Mr.. Kelley
hence the permanent effect of his in
juries ascertained . long time thereaf
ter and his suffering after the homi,
eide should not have been admitted As
evidence
The case is remanded with instruc-
tions to give the man q new trial and
leave out that evidence. Judges White
Gabbert and Garrigues dissent.
The opinion discussed the incidents
connected with the murder and goes
into detail over the fact that the de,
fendant was very poor and was an IL
literate Mexican.