The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-05-11

II
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| merous decisions it is clear that the
act contains no more than one gen.
/ eral subject, that its provisions bear a
! natural relation to each other and that
| the one challenged is fairly included
| in the title to the act.''
| Since this case was begun Mayor
Everhardy's term of office has expired
and he has been reelected for a new
| term. 1t is doubtful what effect this
decision will have upon his present
term. 1t is stated that the attorney
general has not yet considered this
point.
Washburn Gets $4,000.
Washburn college gains $500 for its
the supreme court today, reversing the
decision of the Reno county court in
the matter of the will of Samuel Dill
ley Dilley provided in his will for
the payment of certain legacies, after
which he specified that all the residue
of the estate should be paid to the trus-
tees of Washburn college and by them
invested for the benefit of students in
Christian work. 1t was provided that
no beneficiary of the fund should use
alcoholic liquor or tobacco or become
a member of any oath bound secret So
ciey. The administrator of the will
had remaining in his hands, after pay
ing legacies $2,52669 and the other
heirs claimed this money on the ground
that the will created a trust which was
not public charity. The chief ques-
ton in the case was whether the work
done at an institution of learning like
Washburn college could be considered
in the light of a public charity. The
court holds that it is of great benefit
to the public to have young men and
women given a good education and
fusing to pay the money to Washburn
college was in error. The lower court
is directed to enter judgment in favor
of the college and order the money
paid over.
Commercial Travellers Lose Case.
OF interest to all the commercial
travellers at present assembled in this
city is the decision of the supreme
court affirming the judgment in the
famous PIN" case from Wyandotte
county. Ezekiel Barnes. a travelling
man, brought suit against the order of
United Commercial Travellers of
America under an accident insurance
policy issued to him. Barnes claimed
to have swallowed a pin. He felt no
ill effects for some time and when he
was finally taken sick he was treated
by the doctors for d number of differ
ent diseases but said nothing to them
about having swallowed a pin. After
some months in a violent fit of vomit-
ing he discharged the pin from his
stomach and thereafter his recovery
from sickness was rapid. He claimed
that the swallowing of the pin was an
accident which entitled him to re-
cover from the order but the order re-
fused to pay him. He secured d
Judgment for SLABS and the supreme
court affirrns the Judgment. This is
the second time this case has been de-
cided by the supreme court in favor
of Barnes.
More Lemons for Joint. Keepers.
A nice bunch of liquor cases, all in
volving different legal points were de-
cided by the court today. in each case
the judgment of the lower court was
affirmed. In the appeal of Frank Rem
asked for a reversal on the ground that
he did not know thes liquors he sold
were Intoxicating. The courtNsaid that
this did not make any difference and
was not good defense. Justice Graves
who wrote the opinion, carefully ex-
amined the evidence of a young man
who bought some of the beer and from
the evidence the justice concludes that
the beer was beer as 1T produced upon
him all the varying degrees of intoxi-
cation, from the delightful tingling
exhilaration of incipient drunkenness to |
the drowsy forgetful, indifference of
stupefa ction."
In the appeal of Joseph Giroux and |
Joseph Benoit from Cloud county the
ties taken from a joint is good evil
dence even though the state failed to
prove that the contents of the bottles I
was intoxicating liquors.
L
holds that an attempt to discredit a
witness for the state is not a good de-
tense in case where a man is being |
tried for selling liquor Illegally.
Sedgwicl< Judge Reversed.
The supreme court holds that the
juvenile court has exclusive ju-
risdiction of all offenses com
mitted by children under 16 years
of age and that the district court can
not take up the case. The decision
was given in the appeal of Pet Dunn
mixed up in an assault on a grocery
man at Wichita. When the case was
tried Dunn was tried by a jury in the
district court Dunn demanded that
he be tried by the Juvenile court and
that he should not be tried by the jury
in the district court Judge Wilson held
that it was proper to try him before a
jury. The supreme court reversed this
decision and holds that all children
under 16 years of age must be tried in
the juvenile court without regard to
the offense charged.
Big Verdict Against Santa Fe.
Under a decision of the supreme
court rendered today the Atchison, To-
peka & Santa Fe must pay a Judgment
of eight thousand dollars rendered in
Butler county in favor of V. A. Os-
burn, administrator of the estate of
F. o. Rucker who was killed Deem
Der II, 1904, at a railroad crossing.
The jury in the lower court gave a
verdict in favor of Osburn and
the Judge set it aside on the ground
that 1t did not conform to the special
findings Osburn appealed from this
ruling and the supreme court says
there was not sufficient grounds to set
aside the general verdict.