The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-02-01
WOULD CHANGE 1T.
Lawyers Want Right of Murderer to
Inherit Changed.


One of the closing acts of the State
Bar association Wednesday afternoon
was the passage of a resolution urging
the legislature to change the law
which enables a murderer to inherit
property from his victim.
The resolution was introduced by r.
w. Turner of Mankato It was passed
without opposition, because the law
yers were all familiar with a recent
case of this kind decided by the SUI
preme court which was one of the
most conspicuous examples of legal
absurdity in the history of the state.
This was the case of man who
killed his Wife and thereby inherited
which he turned over to his lawyers to
pay them for defending him on the
murder charge The man was con-
victed and sent to the penitentiary,
to recover the money from the law
yers.
The supreme court held that it was
powerless to rectify the wrong; that
band should inherit the WifeS prop
erty, and in the opinion it was strong
~ minated that the legislature should
change the law.
In line with this recommendation
the State Bar association passed the
Turner resolution, which was as fol-
lows:
Resolved. That it is the sense of
the Kansas Bar association that the
laws of descent and distribution of this
state should be so amended as to pro-
vide:
THAT any person who shall here
after kill or cOnspire with another to
kill or procure to be killed, any other
person from which said person so
killing or conspiring to KILL would in
| herit the property real, personal or
mixed, OF any part thereof belonging
! to such deceased person at the time
of loo n J,
property by deed, will. or otherwise at
] the death of the deceased, shall forfeit
all right, interest and estate in and to
said property, and the same shall go
to such other persons as may be en-
/ titled thereto by the laws. of descent
and distribution, or by will, deed or
other conveyance -duly-executed by the
deceased in his or her lifetime; pro
yided that this act shall not apply to
any such killing as may be done by
accident or in self defense"
New Officers Elected.
The committee on nominations made
/ its report Wednesday afternoon, and
! the report was adopted. The following
are the new officers:
President, Lucius H. Perkins Law
renee: vice president, W. P. billiard,
Fort Scott; secretary, D. A. Valentine,
1 Topeka; treasurer, J. G. SlOnecker,
| Topeka. Executive council: r. B.
/ Welch, chairman: P. J. Gale. Earl w.
| Burch. Delegates to the American
/ Bar association meeting: Charles W.
/ Smith, Frank Doster and F, L. Viii
/ liams.
The special committee to have
charge of the proposed revision of the
/ civil code was named as follows; S.
/ H. Allen, Topeka; w. H. Rossington,
! Topeka; J. D. Mcfarland, Topeka; A.
/ W. Benson, Ottawa.
Supreme Court Under Fire.
Judge Frank Doster, formerly chief
/ justice of the supreme court. read a
| paper at the Wednesday afternoon
/ session in which he criticised sharply
/ the recent decision of the supreme
court in the pipe line case. Judge
4 Doster appealed" from the decision of
! the supreme court to the State Bar
was all wrong in saying that the dis
/ trict court could enjoin a city court
/ from issuing warrants.
Justice Charles B. Graves, one of
/ the members of the supreme court,
/ followed Immediately after Judge Dos
+ ter. and it happened that his address,
/ ssHOw Cases Are Considered in the
/ to his needs. He said that lawyers
were often disappointed and Disguised
/ with what is to them. an apparent
/ miscarriage of justice. II have
/ mingled to some extent with the bar
of the supreme court of Kansas" he
+ said "fOr more than thirty years, and
! I have heard many expressions of
/ have delivered some nayself-especial-
i w when Judge DOster was chief JUS
This hot shot from Judge Graves
was received with great applause by
the assembled lawyers.