The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-02-09
SETTLER WINS.
Scores Victory in School Land
Decision.
Important Ruling by Supreme
Court.
MUST GO TO JAIL.
Frank PlOmOndOn Loses His
Liquor Appeal.
One of the Suits Brought by
Judge Carver.

In the case of Burgess against Hix-
on. from Trego county. decided by the
supreme court today, a ruling was
made respecting school land forfeit
ures, the most important Of any yet
promulgated in that class of cases II
protects the rights of a second pur-
chaser against the claims Of hrsC
purchaser whose contract the state at
tempted to forfeit by invalid proceed
ings.
The decision is of particular interest
at this time because the present legls-
lature has passed Senator Buschow s
bill, and it has been signed oy tne
governor. which seeks by statute 70
protect --e interests OF the sSS i,t
holder @ many parcels OF Iano Sr ITa
are in the same sort OF dispute aS "SS
raised in this case.
The facts were that one Walton op-
tanned certificate of purchase IN
1885 He paid no taxes ana PAY PAY
nothing on the contract aLseF for-
In 1888 the state attempted 10 IOI
felt his rights but the sherins return
on the notice of forfeiture was de-
fective and hence the forfeiture pro
ceedfng was inenectual- WaItoh'
however, apparently acquiesceo- one
Burgess fenced the land and USED i
several years. In 1893 the state IeaseI
the land to Burgess as state school
praised and sold to John H1xon SuD
fect to the lease. In January, 1sV4'
after the lease had expired nixon
tooIx possession and expended money
in making improvements. Bu[SesS
then found Walton in Portland. Ore-'
and obtained a quit claim deco from
him for a nominal consideration ne
then rendered TO the county treasu!eI
the back taxes and the oellnqueIt ~
staIments of the contract and orought
suit in eiectment against HlXon- Inc
district court allowed nixon 70 Keep
the land and the supreme court al
firmed the judgment
The supreme court has reversed the
decision of the district court OF NOT
ton county which dismissed the cases
pending against Chauncey Dewey
C,fyde Wilson and William j. Mc6rloe
without prejudice In the o Pnrter
handed down today by. Judge Porter
the court holds that the defendants
are entitled to their discharge and so
orders. --,.,,
The three men were charged with
taking part in the murder OF the
greater number of the Berry family in
RaxIfns county in June 1908, Iney
were tried in Norton county on a
change of venue but not within tne
limit of three terms of court after the |
indictments had been returned against |
them. The court holds that a person |
cannot be longer held for murder after
a delay covering three terms OF court
at which the defendants demanded
trial. This ends one OF the mosf
famous and long drawn out criminal
cases in the history of the state.
In the suit brought by H w Allen
against the Atchison, Topeka & santa
F'e Railway company in Marion coun-
tv to recover damages for injuries re-
ceived on account of defective plank
ing. the court afirms the decision of
the lower court and says:
1T is incumbent upon a railway
company carrying live stock to pro- |
vide the necessary and suitable yards |
for the care of stock shipped over its
line and in which stock in transit may |
be unloaded for rest, feed and water.
1T is the duty Of the railway COM
pany to keep such yards with its ap-
proaches and walks. in reasonably !
safe condition, not only for the stock |
placed in the yards, but also for per- !
sons who accompany the stock as
and who in the perform |
ance of their duties may find it neces- |
sary to go into or through the yards.
while the duty Of feeding and wa
tering stock devolves upon the COM |
pany the caretakers accompanying |
the stock have a right to follow and |
inspect the stock and ascertain wheth- |
er they are being given proper care, |
and the railway company is bound to |
exercise reasonable care for their /
safety while engaged in such bust |
ness"
Mr.. Allen was given judgment for /
$1750 but the court requires that /
companies must provide yards /
and feeding facilities for stockmen |
which they have been fighting for for l
many years.
Frank P. Plomondon. better known 1
around the city as Pete Plomondon |
and known by politicians throughout |