Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1897-12-12

of parties SO that he could find out what
they knew of the existence of joints.
Among others subpoenaed was Frank
Parmenter He refused to be sworn and
the Judge fined him s25 for contempt. He
refused to pay the fine and was ordered
committed to Jail. He then began habeas
corpus proceedings in the supreme court
to secure his release. The constitutionality
of the ordinance was attacked, and sue
cessfully. The decision written by Justice
Johnston holds:
| First--The power of a police Judge to
| imprison for contempt cannot rest on mere
| implication or inference, but must be clear
ly expressed in the statute.
| Second-The general welfare clause which
| authorizes a city council to enact such
| ordinances as may be deemed exredient
| for maintaining peace, good government
| and welfare of the city and its trade and
commerce, does not authorize the city
council to confer power upon the police
| judge to adjudge a person guilty of con-
tempt and to imprison him therefor.
Cherokee Nation Loses.
| The celebrated case of the Cherokee ma
| tion against the Cherokee Strip Live Stock
Association for $500, 900 rental for the Out
| let for the year 1880 was decided against
| the Indians. The Strip association, in lSSS.
| leased the Outlet, comprising 100000 acres,
| for grazing purposes, agreeing to pay $780,
0O0 a year. In 1880, President Harrison de-
clared that the Indians had no right to
| make such lease and ordered the associa-
ton to take its cattle off. The association
did so. but the Cherokees wanted it TO pay
them for that years rental 1t refused,
and suit was commenced in the Sumner
county district court to enforce the pay
ment of one years rental. The associa-
tion won there and an appeal was taken
| to the supreme court.
In the opinion handed down to-day. writ
ten by Justice Johnson, it was held that
the original lease was in violation of the
! federal law, and that, for that reason, the
Cherokee nation could not recover rentals
| under it.
LewellinE Steal Recalled.
Old hewelling, Populist administration was
recalled by the disposition to-day of the
cholera fund case. When the Pops Were
alarmed lest cholera Should break out ir
Kansas, although there was none in this
country anywhere. An appropriation oil
here. The Pop board of health proceeded
at once to dip into that fund. 1t got 5000
and would have '.swiped'' ii all had it moi
been for some outsiders bringing pressure
TO bear on the administration to decline tc
let the board draw on the fund further
Then the board brought suit TO get posses
son of the fund. but it's members went ou
Of office shortly thereafter, and the su
preme court to-day dismissed the case.
, Finney Has No Court House.
Finney county discovered to-day that it:
| pretended claim of ownership of it's cour
; house at Garden City was purely myth
and that, If it wanted to do official buSineS:
at the old stand after this. it would hav,
to pay rent. This is one of the many pecu
liar things which have arisen in Wester,
Kansas as the result of the boom; In thu
palmy days of that section. Buffalo Jone:
. was in the real estate business at GardeI
| City. He laid out an addition. and in orde
to draw the town his way, built a fine ho
tel and court house. He gave the count,
| the use of the court house. He then hat
, fine hotel and an elegant city hall on th
, other side of town, near his addition. Jone
finally mortgaged his court house to Mrs
Mary Johnson, an Eastern woman. 70
, $500. He put second mortgage for 5000
on 1t in favor of w. w. Cook. The boon
johnson filed suit to foreclose, and go
Judgment. The court hesitated about issu
ing an order of sale. In fact, 1t let seyers
terms OF court go by without doing it. Fl
: naliy the county employed an attorney
/ the county He filed a motion to Set asid
the judgment. and it was sustained, tn
: judge holding that the court house wa
public property. and that its ownership
= rested In the county. Mrs. johnson ap
pealed to the supreme court, and decision
. was rendered to-day, giving her 2 liel
either have to pay her rent for the cour
i house or move its offices.
0 When Words Are Cruel.
The court laid down a new rule governing
r | charges in divorce petitions. In lSSS Z