The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-02-10

cept that the court found against
what he believes to be the weight of
evidence. If his position upon that
subject be correct the record IS such
that under the established rules of
law, this court can grant no relief"
Cannot Disbar CoIored Children.
In the case of Bud Cartwright
against the Coffeyville board OF edu-
cation, the supreme court holds that
the board cannot bar a colOred girl,
the daughter of Cartwright. from at
tending the school merely because Of
her color
The case is different from the KAN
sas City Kas.. high school case, in that
no statute has been enacted giving
Coneyvil1e the right to provide sepa-
rate schools
The peremptory writ of mandamus
asked for is allowed. and the girl, Eva
Cartwright, viii be admitted to school
with the white pupils.
1t seems that the COffeyville board
heFded the cOlOred children into one
room. and when Eva Cartwright Sc
cured the necessary credentials to
enter the sixth grade she was told to
go to the cOlored room. She insisted
upon entering the regular sixth grade.
and was refused. The mandamus ac-
ton followed. The decision of the
court is unanimous.
Alleged Murderer Denied New Trial.
t L. appleton, a man convicted in
RuSh county of murder in the first
degree, was denied the right to sue the
state to secure a rehearing of his case.
Appleton is now in the penitentfarv
and he claimed thai owing to the
prejudice of two members of the i1l7.v
and newly discovered evidence he
should have new hearing He
therefore Instituted a suit against the
state. The lower court held that the
court could not take Jurisdiction in
the case, owing to the prohibition
against suits against the state The
supreme court sustains this conten-
ton.
Natural Gas Explosion Case.
The Federal Betternent company, an
on and gas concern, Won its case against
J 5(ill, W reeves, an employe of the
Niofehad Manufacturing company, who
secured judgment against the com
pany Tor the explosion of a natural gas
meter me case came up from NeoshO
county and is reversed by the supreme
court Justice Porter DISSENTING The
ground for the reversal was that a
physician called as a witness by Reeves
Iesllfled as to the permanency of Reeves
injuries based his testimony on what
Reeves himself had told him.
Reeves claimed that the Federal Bet
terment company put in the gas pipes
IN the Morehead company plant and
did not do the work properly The re
SUIT was the explosion of the gas meter
u.
Two Justices Dissented.
Two justices dissented from the de-
c1slOn of the court reversing the case
of Jacob Dethample vs.. the Lake Koen
Irrigation company. a Barton county
suit. Chief Justice Johnston and Justice
Burch dissented. The opinion was writ
ten by Justice Greene. The suit was
brought to recover damages for the
value of property taken by the irrigation
company The decision of the court is
that it was error for the lower court to
instruct the jury that only an ease
ment was appropriated by the con-
demnation proceedings, and that fee re-
NAMED in the owner.
T.. b. Sweet Loses Case.
The decision of. the Shawnee county
court in the case of ~ B. Sweet against
the Montpelier Savings Bank and Trust
company is affirmed in an opinion of the
supreme court this morning.
The suit was brought by the Mont
pelier company against T. b Sweet,
Geo. NJ. Noble and 2. NJ. Sheldon Off
GERS of the Trust Company of America.
The claim is that the money was col
lected by the company for the Mont
pelier concern, and mingled with other
funds The Montpelier company held
the officers personally liable, and re-
covered a judgment against Sweet alone.
MartindaIe Order Is Modified.
In the case of ,siIliam Martindale
against r. T. Battey ct al, a relic of
the old Emporia bank fight which was
tried in Shawnee county. the rulings Of
the Shawnee county court are sustain
ed except as to the refusal to permit
the amendment of the record In this
particular the case is remanded back
amendment. Judge Graves did not sit
in this case.