The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-06-10
LIQUOR GASES END
Supreme Court Holds City Or
dinance Invalid.
viii Result in Dismissal Of $50
Cases.
WHERE LAW rs WEAK.
Does Not Conform to the State
Statute.
Mr.. Drenning Says He Can Start
With Clean Slate.
WHERE LAW rs WEAK.


morning by the supreme court to the
liquor ordinance of the city of To-
peka, and there is at this time no law
under which the police force of the
city can close a single joint in town.
The decision carries with it $50
liquor cases which are pending in the
district court. They are all wiped off
the board, because they were com
menced under the ordinance which the
court has decided is invalid.
The city council will meet Monday
evening, and City Attorney Drenning
says ne hopes to have new ordinance
ready for passage by that time Con
sequentiy the chances are that tomor-
row viii be a wet Sunday" in Topeka.
X Van Tuyl a Topeka man who
was convicted of selling liquor in po-
nee court under a city ordinance of
LOpekd' IS the one who succeeded in
lue supreme court today in knocking
out the liquor ordinance on the ground
IhaI II does not comply with the state
law IN regard to penalty All of the
/ Ilquor CONVICTIONS during Chief StahPs
term OF ONCE are rendered null and
void. The attorneys for Van Tuyl are
Hazen & Cav of Topeka
Ihe state law provides that the pen
ally Tor selling liquor shall be a fine of
tIom $1OO TO $500 and a jail sentence
of 80 days to six months. The citv
ordinance followed the state law ex-
cept that it limited the jail sentence to
80 days. The courts decision is unani-
nous. 1t was written by Justice Burch
After Van Tuyl had been convicted
in police court, he did not attempt to
appeal the case. Instead he com
menced an original action in the su-
preme court for habeas corpus to Sc
cure his release from jail. The court
holds that the writ of habeas corpus
should be granted.
City Attorney Dreaming says: This
e ~ T-Tr Nrr0r rrrnT-~
which is pending in the Shawnee
county district court. when such cases
were commenced under the city Ordi-
nance now in effect. All these old
cases which have been hanging fire
for so long are now off the board and
first thing to do will be to pass a new
ordinance. The old ordinance was not
properly drawn
R. H. Cav, one of the attorneys for
/ VanTuyl, says: '.I don't know any
thing about the merits of the original
charge against VanTuyl. We took his
| case simply on the ground that the
present ordinance is invalid, and the
court has sustained our contention.
| The decision disDoses of all the city
liquor cases which were pending in
the district court
No Exemplary Damages.
! An important decision rendered this
morning is in the case of the damage
suit brought by George W. Townsend
| in the Dickinson county district court
/ against the Santa Fe. Townsend re
/ covered $3.50 for the death of his
wife, who was killed at a dangerous
crossing on April 25. 1908. Of this
I sam 1000 was exemplary damages.
The court holds that the plaintiff s
| wife stands in the relation Of his next
of kin, and that he is entitled to dam
ages to the extent of the pecuniary
loss, but that in such case a judg-
ment cannot be given for exemplary
damages.
Brown Gets the Children
The case of Emma L. Brown VS..
Charles NJ. Brown. which has been
pending in various forms for some
time before the supreme court was
decided in favor of Charles NJ. Brown.
This gives to Mr.. Brown the custody
of the minor children.
The evidence in the case was that
the Browns had been divorced and
that Mrs. Brown had been living with
one Fred Bendure. The lower court
held that the evidence of Mrs. Brown S
improper conduct was sufficient to
warrant taking the children from her
custody. Mrs. Brown appealed the
case, and secured an order from the
lsupreme court giving her temporary
custody of a little girl named Eva.
This order of the court is revoked, and
both children are given to Mr.. Brown.
Can't Understand 1t.
Homer Kennett a Cloud county law
yer, who tried to realize on a judgment
which he held against the Pennsylva-
MIA railroad company by attaching one
of the cars of that company which hap
pened to be sidetracxed in his town
viii have to find some other way to get
his money. The court says that his
cause is dismissed because the tran
script of evidence is non-intelligible.
Notwithstanding" says the court
that counsel for plaintiff in error has
attempted to make this record 1nteIllgl-
BILE by supplemental brief and index
it is absolutely non-understandable.
Mallory Loses the Property.
D. F. Mallory loses title to a tract OF
property which he was trying to claim
through the decision of the court this
morning John O'Brien mortgaged {
tract of land to the vermont savings
Investment company. He died ana MS
widow was appointed adminlsTratrlX
| Instead of forecIosing the mortgage, the
mortgage elected to present the mort
4 gage debt as claim against the es-
/ tate and have the land sold py oroer o.
/ the probate court. Thus Mrs. +. q
Thomas obtained the land under an ad-
ministratrix's deed. Afterwards D. F
] Mallory obtained conveyances OF the
lard from the heirs of O'Brien, and Mrs
| rThomas brought action to quiet title
/ The Shawnee county district court de-
| cided for Mrs. Thomas and the supreme
court afIirms the decision.
Responsible for 1Iobs.
Rv a decision in the case of the city
| Of lola VS. TilIman Birnbaum, the su-
Dreme court says that a. city is respon.
| eible for the actions of a mob regard
less of whether it had notice of The
mob and was or was not given an op-
portunity to prevent the occurrence.
Tillman Birnbaum was attacked by &
| mob, and injured He sued the city o.
| lola and recovered a Judgment which
the supreme court afirms.