The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-07-07
DECIDES so CASES
Supreme Court Hands Down
Decisions Today.
Last InstaIlment Before the
Summer Vacation.
OAKLAND is A CITY.
Incorporation Act Upheld by
the Court.
KIusmier Sentence of so Years
Is Upheld.
OAKLAND is A CITY.

The supreme court today handed
down decisions in 60 cases, an unusual
~ large number. This is the last batch
OF opinions which will be rendered I'M
til after the summer vacation
One of the most important of the
number was the habeas corpus action
brought by Warden Jewett. in which
the supreme court decides that the jur-
isdiction of district courts is limited to
the district in which the court sits. A
prisoner had been sent to the peniten-
tiary from Johnson county for chicken
stealing. A habeas corpus suit was
commenced by his attorneys to test the
validity of the chicken stealing law and
the indeterminate sentence law, and
Warden Jewett was commanded to
bring the prisoner back to Johnson
county He refused to do so, and Judge
Sheldon issued a warrant for his ar
rest for contempt of court. The arrest
was made in the attorney generals Of
fee in Topeka and a habeas corpus &C
ton was at once commenced by Assist
ant Attorney General Close to secure
Jewett's release. The decision today is
in that case and Warden Jewett is re-
leased on the writ.
The Kulsmier murder case from JEFF
1ereson county was affirmed. William
II Klusmier killed his wife in a brutal
manner IN JACKSON county, Dul the Ease
was tried in Jefferson county in a
change of venue. Klusmier was SEN
fenced to so years in the penitentiary,
but his attorneys appealed to the SUI
preYne court on a technicallty- Justice
Burch writes the opinion in the case
and severely scores the defendant. The
court declares that il will not reverse
a criminal case on technical errors
which do not affect the substantial
right of the defendant
city of the third class will stand. After
the Incorporation was effected the op-
ponents of incorporation brought quo
warranto proceeding in the supreme
court to knock il out. 1t was alleged
that proper notice was not given The
court decides that the posting OF ten
type-written notices of the petition was
sufhcient. as long as no newspaper was
published in the town limits, and that
the names of the signers of the petit
ton do not have to be attached to the
notices.
Dr. L. L. Uhls superintendent of the
Osawatomie asylum. wins his man
damus suit to compel the city clerk
of Osawatomie to register him as a
voter at Osawatomie- The clerk had
refused to do so under the law passed
by the last legislature declaring that
an employe of the state does not gain
or lose a residence where he is en-
ployed by reason of such employment
Dr. Uhls declared thav ne left Paola
fendent of the asylum and had given
UP his residence there, intending to
remain in OSawatomie. The court de-
clares that an employee of the state
may move his residence when he in
tends to do so permanently, but that
a temporary removal because of his
official employment is not sufficient to
estab lish a residence 1t all depends
on the intentions of the employee.
John Knoll and Alois Denning, of
f-7C
They got on a big drunk once and
while pounding one another. appar-
entity in a sort of drunken fun, the
court thinks, Denning got the worst of
st. He suffered a broken leg and in
ternal injuries. His physical condition
was such that he died about a month
later. Knoll was arresred for causing
his death and was convicted of man
slaughter in the first degree on &C
count of an alleged dying statement of
Denning- The supreme court has de-
termined that the dying statement was
not really a dying statement, and it
reversed the case.
William Rambo, who was convicted
of murder in the second degree in
Wyandotte county. for one of the now
famous street car barn murders. also
secured a reversal One of the jurors
stated that he thought when a man
refused to testify in his own behalf the
indications were against him. The su-
preme court decides that this was
BAO0AA0 III q new NAldl-
The supreme court says that a Joint
list may be convicted under the state
laws for the same offense for which
he may have already been punished
under a city ordinance. William
Wells. of Assaria, Saline county. was
punished for selling liquor under a
city ordinance Then he was convict
ed in the district court for the same
offense. He appealed. Another
ground of appeal was that he was
a 0f ola
waived the twelfth Imam, but after
wards claimed he could not do that.
The supreme court affirns his convic-
ton
!. The. full list of decisions handed
down by the supreme court today is
JOHNSTON. c. ].
George c. Rankin, receiver, VS.. Ed
ward E. Barton; error from Reno
county. Affirmed.
Board of County Commissioners of
Russell County VS.. Edward J. Ma
honey; error from Russell county.
Homer c. Bowman ct al VS.. w. r.
Hazen; error from Douglas county.
Affirmed.
The German Insurance Co. of Free
port. Ill, VS.. Mrs. ]. H. Allen; error
from Coffey county. Affirmed.
The Mortgage Trust Company of
Pennsylvania VS.. Josie NJ. Bach ct al: |
error from Pawnee county Affirmed.
D. NJ. Ward vs. ]. NJ. Piper, as
trustee, ct al; original proceedings in
mandamus. peremptory writ allowed
plaintiff to compel payment of his
judgment out of fund provided for
payment of interest on bonds, or so
much thereof as remains in township
treasury.
State of Kansas ex rel c. c. Cole |
man, attorney general, VS. The City of
Oakland ct al; original proceedings in |
QUO warranto. Judgment for defend |
ant
SMITH, ].
James McGrew VS.. The City of Kan |