The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1903-12-16


| for its violation which is not enforceable
by Indictment
JUDGE BLAND'S DECISION.
Presiding Judge Bland. who wrote the
opinion for the appellate court, quoted the
section of the law under which the indict-
ment was brought. 1t provides that Il
rectiy interested in any city contract he
shall be deemed guilty of misdemeanor;
ana that any elective officer found to be
Interested In city contracts shall. by ]
two-thrds vote OF the City Council, De
dismissed from Office.
Judge Bland held that Kelly was a city
officer within the meaning Of the law:
From the fact. the Judge said. that
the statute provides that member of the
Municipal Assembly may be removed from
offee for violation Of the statute the in;
is the only penalty with which he visited.
The inference, the Judge said. Is not rec
oncilable with other provisions Of the
criminal s, code. which provide. on convic-
ton OF certain officers of certain offenses.
IN ADDITION to the penalty described, they
SHAH be removed from office.
NO reason can be assigned. he said, for
sembly of q city from the puz1hment
prescribed for a violation Of the statutes.
That he may be removed from office is
nos no sufficient III reason. or any reason at all;
that ne should be exempted from criminal
punishment, Judge Bland stated.
The statute has not made the exemption,
and 1t is not within the power of the
courts to engraft one upon 1t in favor Of
this class OF municipal officers.
There are some superf1uous allegations
in the Indictment, the Judge said. but they
may be rejected and enough remains to
Judges Goode and Reyburn concurred In
the decision.
DAMAGE SUIT DECIDED.
Appellate Judge Goode. in affirming the
decision OF the Circuit Court. which
awarded a judgment for $3.50 against the
Samuel Meyerson Printing Company in
favor Of Charles T. Rogers and his wife
for the death of their 13-year-old son, wal
ter. complimented Circuit Judge Kinealy.
The boy was killed May 16. 1901. by fall
ing from one of the upper stories Of a
building at Third and Pine streets occu-
pied by the Meyerson company. by which
1t was supposed that in sliding down a
banister between the third and fourth sto-
ries he fell through window opposite a
pany was negligent in not having the win
dow guarded. as 1t was known that boys
employed by the company used to slide
down the banister and were warned not to
do so.
1t was claimed in defense that the Rog-
ers boy was guilty OF contributory negli-
gence
to the jury OF Judge Kinealy, before whom
the case was tried. were few and clear
and presented the issues In a manner that
was accurate and easily understood.
Judge Kineals told the jury that the boy
vas bound to exercise only such care and
prudence as reasonably might be expect
ed OF boy of his age and capacity in the
does not require as high care from a per-
son OF tender years and imperfect dis
erection as from one Of mature years.
the decision.
INJUNCTION DISSOLVED.
The Court Of Appeals dissolved tempo
rary restraining order in regard to the
construction of the Carleton building at
Sixth and Olive streets in 1898.
The order was Jade at the request of
James NJ. Carpe:Ger. who owned property
north and east Of the Carleton building
lot. The excavation for the basement of
the Carleton building was IS feet below
the curb level and several feet deeper
than the foundations OF the buildings on
carpenters property.
Carpenter claimed that il was not his
place to underpin his buildings, which
was necessary to prevent them from fall
ing, and brought suit against the Reliance
Realty Company. which was having the
Carleton building erected. and the con-
tractors. who were doing the work, to re-
strain them from making the excavation.
,, An order was made by the Circuit Court
made unless the defendants would under.
pin Carpenters buildings, which they did.
The case has been in court since. Judge
late Court Judges Bland and Reybnrn
concurred.
Other decisions were:
BY Judge Bland:
u w. app city. ty:p reversed ys fana Lodge A. O
Iheodore p Philippi. app. Vi. American
sSnn app slsy r s;1;m.S Frank H. West
National Bank Of Republic. app: city; ~
Mrs ponie Case. app. VS. cordell Zinc and
Lead its1ins Mining Company. resp: Greepe County;
Walter Baxter. resp. vs.. St. Louis Transit
cf n Judge ago gsoae e:sy' affirmed
al aRp T. e's iys lsss and s. n5ss
i. Company. app; City: reversed s and dfan as
- Nickoia. Kube. etc. resp. VS.. st. 1oui.
naas SoePsry aep city Srsss ned.
srhood Locomotive Firemen. resp: city: az
Bs s e. al :,! app; city: affirmed. '''
Fannie Scamell. resp. VS.. St. Louis Transit
o.: app: sity: affirmed. ' 'A'''''
and co afs esmpaas
city: affirmed "pP''
London Guarantee and Accident Coxnpanv
resp. vs.. Missouri and Illinois Coal SSmpenyy'
app: city; affirmed. 'oAs'
-Enestine jacobson. resp. va. st. 1ou,.
Tfanilt GomHany; app; city; affirmed.
oeS% eS1ss spgg s siiz ath, 7..s -,
win Ornamental Glass Company. app. civ:
st. Louis Police Relief Association. pin, VI.
Margaret Tierney ct al. app, William Tiernev
ct al: resp: city: reversed and ren1anded
.J,pG: rye. etc. resp. vs.. Roberts. johnson
and remanded.