People's voice. [volume] (Wellington, Sumner County, Kansas) 1890-1917, 1897-06-24
Citizens State Bank vs Morse. Not

ClIy vi oOuJn haven VS. CHRISTIAN.
Not reported.
Richards VS. Great Southwestern
Mfg. Co. Al Pac. 537.
1t Is well known to the bar that a
great many cases are reversed b. the
supreme court on questions that were
never presented to the trial court, as
we have no. statute that prohibits
the supreme court from considering
any question that may get into the
record, without regard to whether
the point was presented to the trial
court or not, and several cases ap-
pealed from my court were reversed
upon questions that were never
presented or considered at the trial
below.
During the time l served as Judge
disposed Of thousands of cases, and
regard it as quite compliment to
the bar Of this district that they have
not led me into more errors than |
committed.
When went on the bench in 1890.
there were five hundred cases, civil
and criminal, on the docket, and
cases were tried hurriedly in order to
clear the docket. Under such cirum.
stances it is expected that the at
tOrneys will present the law on the
respective sides of the case, and that
the court will in that way get the
best light possible upon the question
and then decide it, aud if it proves to
be in error, it simply shows that the
successful attorney in the court below
miStoOk the law himself, or purpOSely
misled the court, which no honorable
attorney would do. 1t is presumed
that all cases which were not ap.
pealed from were properly tried.
1t might be further added, that
while it is the duty and pleasure of
every judge and good citizen to acQui-
esce in the decisions of the supreme
court, yet they are not infallible, and
very often, might have held contrary
to what they did and given full salts
faction to the bar and done justice to
the litigantS as well, | think that if
the members of the bar and the PEG.
pie would study the questions involv-
ed in some Of the cases decided and
which were reversed by the supreme
court, they would have serious doubts.
to say the least, as to which was the
correct ruling. For instance, if YOU
take the case of the Chicago Western
Railway company vs.. Butts in the So
Kansas, $50, wherein was reversed.
it will appear that the question was
whether railroad company could
build its railroad through a farm and
when the farmer prOcures a judgment
for three thousand dollars for damages.
the corporation can commit suicide by
consolidating with other CORPORA
tlons, hold possession and OCCUPY the
land, never pay the judgmentawarded
him by the court, as was done in Mr..
Butts case. l held that it was the
duty of the successors to the defunct
corporation to suggest the death Of
its predecessor and have the case re.
vived and prosecute the same Until
they procure a right of way through
the land, and failing to do this, and
refusing to pay the judgment which
had been awarded, they had no right
to occupy the land without compensat.
ing Mr.. Butts; but the supreme court
reversed this case on the strength of
40 Kansas, 1872 which has been con-
demned by the bench and bar of this
as well as other states Of the union,
and Mr.. Butts lost his judgment for
1899, his land, and paid a big bill of
costs for that privilege.
In the case of Goodwin vs.. The ALI.
ance Trust company VS.. Smith, 40,
Kansas 35l by the supreme court, the
question was whether a tenant
who seeded to wheat farm during
foreclosure proceedings, should have
the twO-thirdS Of the crop against the
plaintiff and purchaser at the sale. II
held that whatsoever soweth shall also
reap, but the supreme court held that
tne labor performed by the tenant
was for the use and benefit of the
plaintiff and purchaser at the sale. |
And, again, in the case of the CON-
missioners Of Sumner aud Cowley
counties VS.. the Santa Fe Railway |
company, reported in the 81 Kansas,
olS' the substantial question was
whether the Santa Fe railway COM
.pany could, with its officers and at.
torneys, organize another railway, in.
duce Cowley and Sumper counties to
subscribe three hundred thousand six
hundred dollars to the capital Of said
company and issue their bonds for the /
same, then mortgage this new road to |
ltself, never pay one cent dividends
upon the stocks of these counties.
never allow them any voice in the