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ill ; : TUHHEH 1
DESfTtST I .
x«e 208 20 » 1 - 2 . 2 nd'Floor ♦
5 Story Building *
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V- Om'.I'H !!. WALl
:LKINS l wall,
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If ' ’ I i " ' 'I ' V Hi 6:,, r-
i^f- : • • >n m i. t!', £ Courts
,ti a liii „ lift 1 V
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1. B. DE Y0
nter and Paper Hanyt r
gr«vdes of Waft I*4*.car aWr
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02 V. . si Ocrx -o ' uti-^et.
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G HOR 1 A
find Ai' t i n- C!w
Workman sv« T!\«
K. 0cSfbCf Shop
o now located ‘2nd door
lohnsoti Hardware Store.
. ti. Owens & SON. Prop’s.
KEEFER’S
*ber s-: Sho
irst-ClasR Seni
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l'5 'S. vUChiiiP Tfyfi j
% Fieeman
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C/25 dib A .* to r, zr c 1 ray GO
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raying and Hack
|T Hrant S> old 1 uke Stand Handley’s
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t* Bis. Eli Keefer, !
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Very i-i a fi
It in a very cs au ; i :r ts ask w
for cue rncJid. c or. c the I M;
wrong- ■
onj t y i>U> i- or 10 w
’•easori vro ; 1 in buying tc
: careful 0 g.tit... genuine—
t. ;&*7k ■»; ^ ' y* a<5HT
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laishn I, of this oi l, rclia-
for. c n;:iis;iU';n, ii>*
nii 1. ver ti-ouble, ia iirm-
cfcb It does r.ot imitate
liner. It su b. ’ter than I
lit would not bo the fa-
1 powder, v.’i.h a larger
I IjO oU,;ra combined.
Ft TOV. N F 2 J
UART S 5
GRIPER COMPOyNO
Iey troubles
■ oa Un Murket
w W’JU.W
■Mdre.ss
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Tr L e : &ef;JR»u •Ifmartf iJi Court^P vs. 'Slat? 9 TT
n
Aisle>ft tnht- app! ies xv it h eqoal force to the owners of pr<j'P&r-
ty Pie. f >r ^ov. iilvoatpif: jk> o, such as the keeping of a gambling
houses. ()« ers ••■.: egpiits for such property are su \ >i ii ct to ir^iici
ment undei the law, and it may be advisable for some of our property
i owneis to revise their r«*nt list, 'i lie decis cTn reads:
in-’r Wes indicted u.nder Penal Code 1910, No. 382 ’
.
I which provide-: “if any person shall maintain and keep *a lewd house
or place for the p-acticr* of -fornication or adultery, either' by hits.self
or oth nity* of a misdemeanor.” In this state, where
! no c!:: ’• m ual pne i Oil i and those sustaining access ml
■
;;M v. bo, i any wise aids or abets oi assist-, u
a; ): n 1 i vd nouse may be convicted as a principal
ie ice in this case we would have ho
iiesita nt on the ground that there »v:-s
eno g that the Defendant gave'aid
Wi t-iie i.Cl v/.ii: h '-vc ure about to discuss. How -ver,
com chat id th tury i • S foie. ‘‘f charge you in this ease that if
|y ; ou find from the ivid I Cl ice the truth of this case to be that the defer,i-
i ivuiard, in Ie*, by sale, lease, otherwise,
a c my ■ ly or or any
£ in tins cour . within t o years next pre edin; the date .of the
accus tioo. t< y pe: for ti e purport* of maintaining i.-ad keeping
| a lewd house, and that persons to,whom he let the said house did aq-
| tuailv maintain uml keep a lewd house therein, then it would be your
convict the (lefei kt.it.” It appeared, from the evidence, that
the lewd woman whp ec;.uali.y.ran the house did not get possession o’
accu as aa ordinary tenant, but that he gave her at
|executory "or.trcct of sale in the nature of a bond for title, whereby
L\j uo WIi vr y v 1 S per motitb until the full purchiu.
I price had con paid [ here was sufficient evidence to justif y the
I so far as submitted to j / L he question of whether the oeiei
for Uk* pn t ;C‘, tic t the Wv»in»n to whovu Le
hj of the 1 might use it as a lewd house.
But c \ ti on to it being squarely before us
; ti n: Where one ni.-.kes an executory sale of preporty
u f I “ “he purj tl 1 urn's keeping a le •;« house
U til fit t-:r in fact keeps the iewd house I here, does he commit
Slit'll i.ii act of aiding or tib uiug or maintaining as to be held ae-
j countable under the statut '{ It is readily conceded by the able coun-
for the c efendant that one who icnts a house with intention that it
shall be used for lewd purpose with a knowledge that il will b
used for those purposes, ;oky be indicted under this statute. They as-
seri that there is a distinction between one who iets out property for
lljj illegal purpose and one who makes a sale of it. We need not dis-
Hmt ^y.at would be the effect of miking an absolute sale, tor here the
made merely an executory sale, by which he turned over to
^Hd woman the possession of the property (together with certain
wolo rights which need uotbi mentioned), reserving the legal title
■isclf. There is a Kentucky case which gives color to the con ten -
■hut the selling of a house for a bawdry is not illegal. Ko'S v.
■nonwealth, ‘2 B. Mon. (Ivy.) 117. In Bishop’s New Criminal Law
■ Ed.) No. IC'93, this case is criticised, and Bishop gives it as his
pion that no distinction is to be made “between the sale in fee and
lie for a term of years. In both insta ices the transfer carries the
ire present possession.” A reading of the entire context sorvound-
Ihe section just cited from Bishop’s work shows tint as to offenses
ibis nature the citizen owes to the public, as to property in hi-j
pos^-ssiOl,. not only the negative duty of refraining from actively aid¬
ing the nuisance, ut also the affirmative duty of not relaxing his con¬
trol, wherever lie has it. in such a way as to facilitate some one else
t.o do the forbidden thing. For example, in Scarborough v. State, 46
Oh. 26. it was held that, if a manV Hfis end daughters carried on the
pract ceof fornication and adultery in life hoiue and with his knowledge
he would be guilty of maintaining a lewd house, whether he consented [
to it or not, provided he did not actively, dissent and did not show
that the practice went on notw ithstanding that he exercised his powers
head i f the family to prevent it.
A person having possession of a house which a lewd woman de¬
sires for the purpose of carrying on her practices therein is under the
active duty of not renting it to her if he knows that purpose. The law
says that he owes that much to society. As to contracts of tenancy
this is well settled. But it must be kept in mind that it is not the civil
contractual status of the parties that is the important thing iu mixing
the culpability. It is the landowners conduct in giving over the ).. r
■
session of the house to the lewd woman, with knowledge of the :
in,
P< to which it is to - (;) C L i hat makes him a "tner her
crime, In K r v J - i i a. 301. 46 S. E. 14 - K, \v: ere ih V- i
lewd \v6nian wti- a t ot be tie- us ,cd, the supreme Court, speak
II 111 co v obb affirming the judgment of COUViC-
i ■ssossion of a ouse for ii •-f I
Vuii'i -> ,on vv i i
idge that it tS to vi' ) -3 him w 1 iv. is us placed
posse v u iso I .lira th 010 c me 01 ct
H*l) II l.’ivd house.*’ Now, JOS
I i iron i r a lOPV CO: j tract of sr ie as it is
mu tua ci ii ucti cases t on of egai
title < i equitu no unportan*’.’or bearing. It has been |
' GiC 263. wher i
-It,'" hcott v. > the crime]
1
il was tlic maiutiumug o a gambling house. See, also,
sii’iie effect, S on vs. Ua. Tue .‘>75 (2), 10 which 8. E. 234. accused Bryan j j
v. State, 120 £T 201 ( 4 ), wrong the
does in such t i SL ; is not the pa ling with his title to some estate . r in-
in the property, of great ';’ or less duration, but his tran V*r of
the possession, kuo .viug that, it he llov’s transler it, it will be us d for j
innuoia! pra tices. As i iust.ative of how lit-tlc cognizance the trim
innt law takes of civil relationships in determining culpability., wu may
put this suppositions and case: “Give Suppose pistol; that I a man rushed up to a hard- j
ware dealer said, me a want to kill my neighbor,”
anil the shopkeeper said, “No. I will not give you a pistol for that
purpose,” and the would-be-murderer said, “Lend me a pistol,” and
the dealer replied, “No; l will not lend you one, but I will sell you
one, and you may do what you please with it,” Would the law make
any difference iu the culpability of the shopkeeper who parten with
the possession of the pistol to a man who he knew was about to com¬
mit murder, because the possession was transferred under a contract
of sale rather than under a contract of leading or of gift?
It is to be noticed further, that the instruction complained of did
not make mere knowledge that the property might be used f'or lewd
purposes the test of culpability. The instruction was that the de¬
fendant would be gui'ty if he sold or let the property “for the pur¬
pose” that a lewd house might be rcuinUi ied. We cannot pronounce
this charge erroneous.
There are other assignments of erior, but Done of them
meritorious or of sufficient importance to justify a iev. sal
J udgment affirmed. m
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<F* 1 a yyu? iK » *••*** ■'* IV o V ill 64
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All subscriptions cash, and must be l TV i. A lade a; The
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I This Coffee
is the
Andrew Jackson if
Jlced’s® y< . Well
After his brilliant victory at Chalmette in 1815,
Andrew Jackson led his troops past the old French
, -larket in New Orleans and treated the officers and men to fresh, hot French
Market Coffee. And in 1843, Henry Clay—at the conclusion of his eloquent
speech at the great banquet in his honor—slipped away, with his friends, to the
old French Market for a cup of the same famous beverage. Then you could get
I french MarttttCofei
nowhere in America except at the old French Market in New Orleans.
But NOW you all may serve it—daily—on your own tables. For the old
French Market bleed is perpetuated by
Sc?: r x- J The Same Unique Hygienic Roasting Process
cm and we deliver genuine French Market Coffee
N everywhere in hermetically sealed cans. It reaches
t you fresh from the mill “There with ail its e iticing aroma old'
and delicious flavor. is onl.r one real
j. -i: history. French Market flavor”—only from one jiolfee with a
Get it your grocer. ■
Hif But be sure it is the genuine FrenSh Market Cof¬
fee —packed only at the
* cm French Market Mills
(New Orteans Coffee Company, Ltd., Proprietors)
New Orleans, Louisiana
^ 1FT1IHI 4
I “Keep Tabs” [ f
a* I 1 h on how often you send your
£ (
Hi \\M ljLfl u shirts, collars, cuffs, utc., to
u hmm this laundry until they 're no
longer wearable. That will
con vine you that we prolong w
A F the life of linen beyond most
U washers and ironers thereof, f
F Test our work—we can strjici *
it
WHITE SWAN LAUNDRY
1
\dvte’ ■
4
Found,
Ladies Geld Bracelet near A.,
B. &. A. Dejot. Apply to C. ,G.
Dozier. 73-rf
Regulates the bowels, promotes
easy natural movements, cures
constipation—D 0 a n’s Begets.
Ask yout drugg ist for them, Joe.
a box. 92 -a
Wanted—To trade a seven -
■
i bouse with all modern eonrei
j school oc-s, clo*t in, near fourth M
i house, for an acreage t f
| Apply Lovier Offioe.
FOR BALE—
|i»ts clo;e
B'iii 1,1