The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-07-10
Supreme Court Places Bond at
$4,000 Each.
TO LEAVEJAIL MONDAY
Sheriff Mccullough Will Ap-
prove the Surety.
Other Decisions Handed Down
by Supreme Court.

this morning. Chauncey Dewey, Clyde
Wilson and W. 7. Mcbride will be al
lowed their freedom under $4,000 bond
each The bond must be approved by
Sheriff Mccullough of Cheyenne county.
Chauncey Dewey said this morning,
after he had been informed that the su-
preme court had granted the writ of
habeas corpus and fixed the bonds at
$4,000: The giving of bond has all
been arranged for. and we expect to get
out of here on Monday. The bonds have
to go to Cheyenne county to be ap-
proved by the sheriff and as soon as
they come back. we will be out"
who is it that goes on the bond?"
was asked.
We'll. L wouldn't like to say just
now" replied Mr.. Dewey. L think they
will no doubt be approved"
1t was supposed that Chauncey Dew
ey's father would be the bondsman but
this cannot be arranged because Mr..
Dewey ST.. is a resident of Illinois, and
the state laws require that the bonds
man be resident of Kansas.
I understand" said Chauncey Dew
ey, that my father is legally barred
from acting as bondsman. However,
this has all been arranged. Our attor-
ney Mr.. Hessin. will be in Topeka this
afternoon, and he will explain just what
the arrangement is fo~ bond. He is
coming down from Manhattan The
bond will be given for all three of US
From Topeka we viii go to my fathers
place at Eureka Lake, Manhattan to
spend few weeks Mcbride and Will
son VIII accompany me. After we have
rested there for a while, we will decide
what our future plans will be. l don't
know yet what we will do while await
ing trial Mr.. Hessin, or some one
whom he may send, will start immed1-
, -tely for Cheyenne county with the
oonds, and as soon as they can return,
which viii be Monday or Tuesday, we
will be released"
The order of the supreme court is very
brief, and was merely entered in the
clerks docket without the formaIity of
a prepared opinion. The record simply
reads as follows:
Application for bail allowed. Bond
oi $4,000 for each petitioner to be ap-
proved by the respondent. Costs of the
special commissioner adjudged against
the petitioners. Commissioner allowed
$75. Stenographer's fees allowed"
The Dewey Mcbride Wilson trio will
therefore have to pay all the costs of
the special testimony which has been
taken. 1t may amount to several hun
dred dollars. The cost of the record in
the case viii not be less than 800, and
the cost of bringing a dozen witnesses
lIOii Nilt WtHlcIl part u lllt state Will
be heavy.
K & L. OF S. CASE DECIDED.
The supreme court today decided the
important Shawnee county case of John
M. Miller VS.. S. r. Tuttle, financial
secretary of Columbia council No So
knights and Ladies of Security, and
the national officers of the same order.
It was held that Mr.. Miller should
be granted writ of mandamus to com
pei Tuttle to accept payment of the
-r..s.. afes~1
of 50 cents per $1,000 per month. Tie
proceeding is an original in the supreme
court.
Miller had policy which called for
level rate premium. In 1896 the order
changed the method of premium pay
ments so that the payment varied with
the age of the policy holder. This made
n large increase in Mr.. Miller's prem
iums. He rendered the old rate. which
was refused, and then commenced the
mandamus suit to compel the accept
a0ce of the old rate.
The supreme court says: Before a
mutual benefit association can amend
its constitution or adopt bylaws which
will modify or change a contract of
insurance, it must have expressly re
served such right or have secured the
express consent of the insured"
> Chief Justice Johnston and Justice
. cunningham dissented from this opin-
ION.
This decision practically prevents the
Knights and Ladies of Security from
raising its old level premium rates. and
affects a large number of policy holders.
NEW TRIAL IN WARE CASE.
The case of Eugene F. Ware, pension
commissioner VS.. Virginia NJ. Johnson,
ct al which was won recently in the
district court by Mr.. Ware, was sent
hack for a new trial by the supreme
court
Mr.. Ware recovered a judgment in the
lower court on two mort gal ges. The
lower court refused to grant n new trial
upon "A judgment rendered against them
by default upon cross petition fore
closing two mortgage liens. The court
says of the applicants for the new
trial: TT is very apparent that the
omission of the parties to plead to the
cross petition or to appear and defend
was not an intentional omission, or will
full neglect"
Chief Justice Johnston and Justice
Mason dissent. In the dissenting opinion
they say: THE trial court was in a
better position than the reviewing court
10 review evidence and reach the correct
conclusion. We do not think 1t can be
said there was no evidence to sustain
the ruling made. or that the trial court
abused its discretion"
DISTRICT % CASE.
The supreme court refused to inter-
fere with the old law suit involving dis
trict % school bonds in Shawnee county,
which has been a bone of contention be-
tween the board of education. the coun-
ty and district % for 2 long time. This
case involves the liability on bonds is
sued by a school district near Washburn
college. which was taken into the city
limits
The present suit is entitled 1.-The state
of Kansas. ex rel Galen Nichols, county
attorney vs. s. F. Wright. county sup
eriutendent." It came before the su-
preme court as an error from Shawnee
county, and the Judgment of the lower