The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-10-16
LAW IS UPHELD
Supplementary Tax Levy Is
Constitutional.
LOWER COURTS SUSTAINED
Appellate Court Hands Down
Decisions.

The October session OF the appellate
court closed last night after dispensing
with nearly hundred cases Judge Den
nison ordered a hundred cases on the
docket for the January term. Among the
important decision made were three which
uphold the constitutionality of the law
authorizing coU<.y commissioners TO is
sue & supplementary tax levy 20 pay de-
Hnquent state taxes when there is a de-
dciency in any county.
The first case of this kind comes from
Pratt county and Is brought up from the
district court there by the Wichita and
Western Railway through J. H. Mcintyre
receiver for the road. When the amount
of delinquent taxes OF 1891 was certified
down by the state auditor the road resist
ed the attempt to collect il and went into
court
Judge Mckay upheld the law and the
case was decided against the company,
1t was brought here and decided along
with a number of other cases of this
kind all Of which upheld the law. This
viii be a matter of state Importance as
the law has been fought persistently for
years.
Following is complete list Of decisions
handed down:
WESTERN DIVISION.
]. H. McIntire, receiver Wichita and
Western R. r Co., VS.. H. F. Williamson,
Sheriff Of Pratt county. Affirmed.
S G. Clark, as county attorney, VS.. A
T & S. F. railroad. Reversed. Error from
Edwards county.
de
county, VS.. c., R. I. & P. railroad. Re-
versed.
B. F. Martin VS.. E. Kelley. Error from
Finney county. Affirmed.
F. o. Cole VS.. Great Bend Land and
Lot company. Error from Barton county.
Affirmed.
State of Kansas VS.. District No. s, Finney
county. Affirmed.
Ohio howard VS.. City OF Horace. Error
frof Greeley county. Dismissed.
Christ 'Slegman VS.. G. W. Able. Error
from Rush county. Reversed.
J. z. Steele vs.. Albert Milan. Error
from Clark county Dismissed.
J. NJ. Day, director VS.. y. Halpien. Error
from Finney county. Reversed.
P. E. Prayer vs.. George Holton. Error
from Ness county. Affirmed.
School District 40 VS.. H. W. Cishing.
Error from Finney county. Affirmed.
State OF Kansas VS.. S. F. Archer. Error
from Ness county. Affirmed.
EASTERN DIVISION.
V Blake, administrator. VS.. Susan NJ.
Pratt Error from Elk county. Affirmed.
Southwestern Mineral Railway company
vs.. Thomas Harvey. Error from Labette
county. Reversed.
CENTRAL DIVISION.
State of Kansas VS.. H. T. Beam. Error
from Reno county. Petition for rehearing
denied.
Union township and Mitchell township.
Rice county, vs.. Ben F. Hester. Error
from Rice county. Affirmed.
Ed Clarke VS.. St Louis and San Fran
cisco Railroad company. Error from But
lei. county. Affirmed.
Q. s Gibson VS.. Fred c. Gross. Error
from Cowley county Reversed.
National Mortgage and Debenture COM
pany VS.. st. John and Marsh Co. Error
from Reno county. Reversed.
These cases were disposed Of yesterday:
Ed McMullen VS.. Mn. G. Carson, Cow
lev county. dismissed.
Harrison National BANK VS.. margaret
Pease. Marion, submitted.
J. P. Myerhouser VS.. H. W. Wisler, Re-
no. dismissed
c. w Slough VS.. ". H. Hayes, Green
wood dismissed.
H. S Ireton VS.. v Laubrier, Cowleyr
submitted.
State VS.. J. H ountain. Reno dismissed
J. B. Talbot VS.. S. V. Davis. Reno. sub
nlitted.
]. Y. Farewell VS.. D. Thomas Lyon,
submitted.
W. L. woodruff VS. ]. B. Done. ct al
Reno. dismissed.
A T. & 5. F. Ry Co., VS.. John Eaton,
Cowley. submitted.
c. R. / & P. Ry Co. VS.. Lima Light
.5urn. Harper. submitted.
Geo W Hardy vs.. John ". Jones, Re-
no. continued.
J. ". MeNeal vs.. Goddard Investment
Co Barber. submitted.
J H Virgins vs.. Matte E. Foster. sub
mirted.
T A Fuller vs.. y. \. Yeager. Butler
submitted.
a L. Nelson vs.. y. a. Yeager. Butler