The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-01-11
Haskins & Sells, Accountants,
Win q Suit.
Treasurer Kelly WrOngfully
Withheld Pay. Says Court.
THEY TAKE 1T BACK.
Coupler Decision Government
Interested in Reversed.
Telegraph Company Liable for
Neglecting Messages.

Haskins & Sells. the expert ac-
countants employed by Governor
Hoch to examine the state treasury
and see if T. T. Kelly, state treasurer
was short or irregular in his accounts
won the suit against Kelly in the SUI
preme court today. The accountants
after making the examination put in
bill for about ten thousand dollars
and then afterward put in another
bill for $2,237.95, a balance which
| they claimed was due them This adj
d1tfonal bill Kelly, as state treasurer
refused to allow. The warrant was
drawn by the state in proper form,
but Kelly would not pay it and the
accountants then brought mandamus
proceedings to compel the payment of
| the money. The court allowed the bill
| and ordered the money paid.
| 1t was commended by Kelly that the
governor had no authority to employ
a foreign corporation to make the ac-
counting as the Kansas law did not
permit a corporation to make oaths
| while the report of the accountants
must be made under oath. 1t was
also contended that the company had
never obtained permission to do BUSH
ness in Kansas.
In it's opinion today the court holds
|
employ anyone he pleased. The court
says that the contention that a cor
poration can not make an oath is
frivolous and not entitled to serious
| consideration. In regard to the COM
pany not obtaining permission to do
business the court holds that a law
passed by the state legislature is not
intended to tie the hands of the state
in getting the best service it could.
The state treasurer is ordered to
| pay the warrant.
The court reversed it's former decis-
ion in the suit of Henry Brinkmeier
against the Missouri Pacific Railroad
company for personal damages, Brink
meir was employed by the Missouri Pa
cif1c as brakeman. He attempted to
couple car to the train and it was
found that the coupler was defective.
His leg was crushed between the coup
lers. He was given judgment in the
district court of Sedgwick county which
was reversed by the supreme court and
a new trial ordered. He was given an
| other trial and it was again brought
to the supreme court where the judg-
ment in favor of Brinkmeir was again
reversed.
In this decision the court held that
once a railroad company had complied
with the federal safety appliance law
4 that it had filled its duty and that only
! ordinary care was necessary that the
| automatic couplers should be in good
| working order. This in way knocked
out the federal appliance law and the
| interstate commerce commission imme-
| diately filed a petition for a rehearing.
| The rehearing was granted and the case
| was heard last month. The court holds
| to it's former opinion that when cars
| were once provided with automatic
couplers as required it should only use
! ordinary care in keeping the coupler
! in good condition. But the court finds
| that there were some matters not clear
| ly brought out in the former trial
(which should have been considered and
| on this account 1t sends the case PACK
for new trial, not because OF change
in opinion but because of these new
| facts. The government complained
that the decision Initiated the automatic
/ coupler law and sought rehear1ng.
telegraph company which neglects
to deliver an important telegram
though it is not of a business nature
but a death message" is liable Tor
damages according to decision or the
| Henry Gilstrap against the Western
Union Telegraph company. The case
was an appeal from Rice county where
Gillstrap was allowed $70O52 in dam
ages. A telegram was sent from Neosho,
Missouri, to Lyons, Kansas, notifying
Henry Gillstrap against the Western
and urging him to hurry to his bedside.
The message was received at $3.50 a. m.
June :, 1906 1t was not delivered until
225 D. m. June 8, the following day.
In the meantime the father mad oleo:
Gillstrap actually lived within five
blocks of the Western Union office and
was working in the salt plant. II was
shown at the trial that the messenger
made but two or three attempts to nnd
Gillstrap and secure his proper ad-
dress When the messenger went to
the house there was no one at home.
The messenger boy did not leave a
| notice that there was message at the
office but mailed postal card notice.
Gillstrap's name was In the telephone
directory but the telegraph operator
and messenger failed to look at it or
try to reach him by telephone The
courts allowed him the expenses of the
trip to Neosho Missouri, and $3.50 ex-
! emplary damages. The supreme court
says that while the damage allowed is
| EXCESSIVE the court did not feel that 1t
| should require any part of it to be re-
| mitted and ordered the full sum and
| court costs to be paid by the telegraph
company.
echo of the Dewey-Berry feud in
western Kansas appeared in the SUI
Ipreme court today in the case of the
! hoard of county commissioners of
| CHEYENNE county against the county
commissioners of Norton county. The
Dewey murder trials were tried in
Norton county on change OF venue
| from CHEYENNE county where the
| murder of the Berry's took place. Nor
| ton county demanded that Cheyenne
/ county nav the costs of the trial. This
| amounted to s3,465.35. Cheyenne
i county refused to pay the bill and
suit was brought which was decided
/ in favor of Norton county by the dis
/ decision of the lower court was re-
4 1-arsed nv the supreme court today.