The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-09
law GOOD.
Supreme Court UphOlds Act of
Legislature.
People May Build Dikes If
They Want To.
THE RAILROADS LOSE.
Opposed Operation Of the Law
in Kansas City.
Commercial Travellers Win the
Barnes Case.

prene court. rendered today, the
drainage law passed by the last ses-
sion of the legislature is sustained,
and the railroads lose the fight which
| they have been making to have the
law declared unconstitutional because
it provided that voters at drainage
elections must be taxpayers. The
court says in its syllabus:
THE provision of the Kansas bill
of rights that no property qualification
shall be required for any Office of
election applies only to those offices
J and elections contemplated by the
/ constitution, and does not prevent the
legislature from authorizing the crea-
| ton of drainage districts the powers
of which are to be exercised by di-
rectors who are required to be free
/ holders elected by the resident tax
/ payers
The decision of the court is unani-
nous. The action was brought in the
form of a quo WarrantO by James S.
Gibson, county attorney for Wyan-
| dotte county, in the name of the state
really backing UP the case, however,
were the Kansas City railroad COM
panies, who did not want their grades
| and rights of way disturbed by the
| erection of dikes to prevent Overfows.
The case was brought against P. j.
Monahan, and other officers of a pro-
posed drainage district. The defend
ants demurred to the petition, and the
| demurrer was sustained.
Commercial Travellers Win.
In the much talked of case of
| Ezekiel Barnes, the commercial trav-
eler who swallowed a pin, and recov-
cred a judgment from the CONNER
cia1 Travellers for accident insurance,
/ the court holds that the accident as
ISOLATION is not liable for Mr.. Barnes
| injury. This case came up on rehear-
| ing. The former decision was in favor
of the association, and it is now set
tied that the case must go back to
/ Wyandotte county for rehearing.
Barnes had a policy with the Com
mercia1 Travellers, and was taken sick.
He did not know what was the matter
tors finally discovered that he had
swallowed a pin. The pin was re-
I moved by a surgical operation, and
| Barnes recovered his health. He
then sued the company for his benefits
| under the accident policy. The Su-
| preme court holds that the company
| is not liable because the man was not
| totally disa bled, and because the in
jury did not follow Immediately after
the accident.
State Loses Land Case.
The efforts of the state, through At
torney General Coleman, to get posses
sion for the state school fund of a But
ley county farm left by John Gainer, an
Irishman who died intestate, was de-
cided against the state. The opinion
was written by Justice Smith. 1t states
the case briefly as follows:
THE questions is: Can resident citizen
half-sisters of a resident citizen, who
died intestate, leaving neither widow
nor children. and whose parents both
died before him nonresident aliens, in
herit Immediately and directly the lands
of the deceased in this state?
"The plaintiff in error Cthe state) says
no. The land is escheat to the state.
1.-THE defendants say yes.
ssThe court below, in sustaining the
demurrer to the answer of the state,
said yes.
Affirming that ruling this court
says yes"
Noble Case Reversed.
The case of Geo. NJ. Noble, A. D.
| Washburn and J. H. Noble vs.. William
Doughten, a Shawnee county case, was
reversed. Noble & Co. of Topeka sent
a check to William Doughten of Phila-
delphia. The check was forwarded from
| Philadelphia to New York, and when
| presented was taken up by Gilman Sons
| &. co. with their own check. Before this
| latter check was presented, Gilman Sons
! & Co. failed Then the payee of their
! check, repossessed himself of the Noble
| & Co check and caused it to be pre-
| sented and protested. Without knowl-
edge of the facts, Noble & Co. issued a
second check for their Indebtedness
| which check was collected Noble q
/ Co. then sued and the lower court rem
| dered Judgment against them The su-
pre1ne court reverses this decision.
Shawnee Fire Wins a Case
The decision of the Dickinson coun-
! tv district court in the case of Mrs
p. L. Knerr against the Shawnee Fire
Insurance company was reversed, this
| being a victory for the Shawnee Fire,
which appealed the case. Mrs. Knerr
| had a store upen which the Shawnee
Fire had written $4,000 insurance
| The store was destroyed, and the COM
| pany paid Mrs. Knerr $1,000 They
| refused to pay the balance on the
| ground that Mrs. Knerr had not kept
her books in the safe as the policy re-
| ouired, the result being that the books
| were all destroyed. Mrs. Knerr sued
| for the other $500. The lower court
decided in her favor. The supreme
court reverses the decision by unan-
| imous vote.
Gerdom Case Reversed.
In the Shawnee county district court
Joseph Gordon and Anna Gerdom re
| covered a judgment from the Modern
I Woodmen of America. for $4,000 for
| the death of their son. John B. Ger
| dom who went to California in 1885
and has not been heard from since
1896. The supreme court holds that
there was not sufficient evidence IN
| troduced to establish the death of
John Gerdom They remand the case
for a new trial.
WOodnlen Lose Taylor Case.
4 Another case in which the Modern
/ Woodmen- were interested was the ap-
peal of Edna P Taylor from the de-
cision of the Jackson county district
! court The decision of the lower court
I is reversed. Mrs. Taylor is the wife of
] ~ 90 fad q