The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-07-07


rant, not found and files the same
with the justice who issued it, such
warrant thereupon becomes functus
ofncio."
Wesley Wright Released.
The court holds in the habeas cor
pus case of Wesley D. Wright that
man under adjudication of Insanity can
not be tried for criminal ofense.
Wesley D. Wright was arrested IN
Sedgwick county charged with burg
larry ana larceny. The court held that
as the probate court had found wright
insane that the criminal proceedings
against him would not hold.
What "R. L. d. Means.
The letters R. L. D. on the license
tax issued by the United States revenue
collector signify clearly, says the SUI
preme court that retail liquor dealer
is meant and should be so generally
recognized by the courts. This give
club to prosecutors Of the violators of
the prohibitory law. A recent attempt
was made by F. G. Dreaming, city at
torney, to use such a license receipt as
evidence in the district-cOur but the
letters r. L. D. were not held to be well
enough substantiated as to meaning
ION the trial of a person charged
with the violation of the prohibitory
law. a copy of the records in the office
OF the United States revenue collector,
taken by a person other than the Gus
todian of such record, and by him
sworn to be true copy, is admissible as
evidence tending to show that the dc
fendant is engaged in the business of a
retail liquor dealer.
-. Where such evidence has been
admitted, It will not be deemed errone-
Gus to also admit blank form No. IL,
used in the United States revenue ser
vice for the purpose of exp aiming the
meaning of the letters r. L. D used
in the copy of the record already in
evidence.
%. The signifcation of the letters
r l.. D. when used in the records of
the Office of United States revenue col
lector is so well and generally known
that courts may take judicial notice
Deed Not Defective.
A tax deed which through somebody's
neglect says that the sale was made on
the - day of . A D. 1S9-, the
blanks not being filled out as they
should be. is not invalid, according TO
decision of the supreme court in the case
of Reason NJ John against B. F Young,
an appeal from Osborne county The
title of B. r Young was challenged on
the ground that the deed was defective
for the reason mentioned. The lower
court refused to set aside the deed for
the reason stated. and the supreme court
affirms the decision
Russell County Road Case.
The supreme court made an interest
ing ruling IN reversing the case OF L. -
WaIb-idge against the county commits
sioners of Russell county This case
was originally an appeal from an award
on damages for a road opening. In the
course of its opinion reversing the case,
the court says:
THE grant for a right of way for pub
lie roads never applied to the odd num-
bered sections in Russell county which
had previously been granted to the rail-
way company but did apply to the even
kT,e f1---.a.
limits; provided such even numbered
sections were lands of the United States,
not reserved for public use, and no right
of a presumption of homestead settler
had attached thereto prior to the grant
ing act of 1866"
Must Pay for Fenced Land.
The decision of the Logan county
court is reversed in the case OF Laoni
Simmonds against W / Richards. Sim
rnonds claimed that Richards fenced up
three sections Of land belonging to the
former, and used it for pasturing a big
herd of cattle for a period of over a year.
He sued for rent. The lower court sus-.
tanned Richards demurrer, on the
ground that the petition did not state
a cause of action. The supreme court
says
another and uses them for pasturing
purposes the same as if he were the
owner. payment ought to be made there
for OF some adequate reason given for
not doing so. The defendant may have
a good defense but it does not appear
in the petition
Jointists Lose Their Case.
The supreme court afirms the de-
cision of the Saline county district
court in the liquor case OF Beez Nc
Corkle and William Cutler, and finds
that the judge of the district court
committed no prejudicial error in the
~ Of Mp(1RFkln and
Cutler were that the court ruled that
the state should exercise one right of
peremptory challenge, the defense,
three the state one more, and the de-
Tense the final challenge. The point
was that the defense wanted the two
anal challenges, and held that preju-
dicial error had been committed when
this was denied them. The supreme
court says:
Perhaps the more orderly way
would have been to have required the
state to exercise its first peremptory
defendants two peremptory chal-
lenges, and pursued this method to the
END. But in the absence of q statu
tory provision, the order of exercising
peremptory challenges is largely with
in the discretion of the trial court,
and unless it can be said that 1t
abused its discretion this court will
not disturb its ruling.
Bushey Beats the County
In the proceedings in original man
damus commenced by A G. Bushey
against the county commissioners of
Thomas county. the supreme court
sustains Mr. Bushey, and orders the
Thomas county commissioners to con-
sent to the appointment OF appraisers
made by the county superintendent
for the purpose OF appraising land
held by Mr.. Bushey under a defective
lease. The Thomas county district
court had turned down all of Mr..
Bushey's efforts to buy the land as an
original settler Bushey discovered
that the lease under which he was
holding the land was defective be-
cause 1t was not signed by the proper
Officers. He made application to pur-