The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-08

state demurrage law was @inapplicable
because it conf1icted with the interstate
commerce regulations. The court says:
1.-THE supreme court of the United
States is the final arbiter as to whether
the regulations are reasonable and
whether they impose an unreasonable
burden upon interstate commerce. Each
case being considered in a generous
spirit upon it's own merits there is and
can be no general rule" The lower
court sustained demurrer to the
court says that this was an error and
the case is remanded for further pro-
ceedings.
A decision of great Importance to live
stock shippers was made today by the
supreme court in the case of the Mis-
souri,, Kansas & Texas Railway COM
pany against the stock firm Of Sinclair
& Wallace OF Kincaid. Kansas. This
firm shipped a carload of stock from
Kincaid to Kansas City, Mo. Transpor-
tation to Kansas City was furnished to
one of the firm who accompanied the
stock but the railroad company refused
his request for free passage back to
Kincaid. The firm then brought action
under the laws of 1905 to recover double
the fare paid and the attorney fees.
Plaintiff recovered judgment for $40
and $50 attorney fees in the lower court.
The supreme court holds that the law
of 1905 has no application to Interstate
shipments. Consequently all shipments
of stock are outside the provisions of
this law and the Supreme court decided
that the stock shippers were not en-
titled to the money. The decision Of the
lower court was reversed.
In the original proceedings in man
damus brought by D. c. Nation and
TVS t6a haa y-d M
county commissioners in Cove county
to compel the commissioners to appoint
appraisers for school lands the supreme
court refused to allow the writ. Both
tracts of land in question were sold as
school lands many years ago. The
usual default in payments occurred and
both certificates eventually came into
the hands of o. B. Jones, a land buyer
Jones brought action to compel the
county treasurer to accept the amount
of money due on default and judgment
was rendered by the supreme court in
his favor The plaintiffs had been in
possession of this land since January,
1907, and have made many valuable i'm
provements. They presented petitions
asking for the appointment Of apprais-
ers, their purpose being to purchase the
land of the state. 1t appears that Jones
made an agreement with the county
commissioners to appear for them in
the suit and defend their action in re-
fusing to appoint the appraisers. Some
objection was made to this agreement
ratified by the county commissioners.
AS the land had already been sold to
Jones the commissioners contended
that 1t was not possible for them to
take such action as would cause an
other sale of the same land to the Ma
lions. The court holds that on the face
of the records Of the county the land in
question was not school land and that
the state had parted with all title there
to Jones. The court says that 1t Is not
within its province to decide whether
the land in question was legally patent
ed to Jones.
A decision of much interest to law
yers was rendered by the supreme
court in the case Of the Atchison To-
peka & Santa Fe against James D.
Conlon and others from Atchison coun-
ty. 1t is the second appearance of this
case in the supreme court. The appeal
Is taken on the ground that the rec
ord filed in the court was not properly
prepared. It appears that the record
was prepared under the new rule Of the
court relating to abstracts of evidence
and the court found that under this
rule the record was adequate The
court says in its syllabus, Cases are
no longer to be determined in this court
upon the records but upon abstracts
prepared in accordance with rule 1O.''
The supreme court affirmed the de-
cision of the Labette county district
court in the case appealed by c. w.
Barnes, against the city of Parsons.
Barnes and other taxpayers objected
to the collection of a special tax to
pay for pavement on the ground that
the city had changed the grade of
the street after deciding to pave. The
supreme court says that where a city
acquires jurisdiction to pave by
resolution passed and published it has
the power to change the grade of the
street If it deems necessary.
The supreme court held that in or
der to collect damages on an oral
contract the parties must have had a
definite understanding about the mat
living in Wyandotte county brought
suit against the fire insurance firm of
Marian, Ellis & Benton of Kansas
City, Kan, for damages to barn
and some live stock which were
burned. The insurance policies had
expired and the Moneys contended
that they instructed, the Arm to write
new policies covering the same prop
erty the old policy. Within a few
days afterward the barn was
burned. The insurance policy had not
been written and an effort was made
to compel the insurance agents to pay
the loss because they had not fulfilled
the oral contract. The lower court
held that the oral contract was not de-
finite enough to hold the insurance
agents for the damages and the SUI
preme court refused to reverse this
decision.
The law passed by the legislature
year ago to permit cities of $4,000 in
habitants. especially referring to Kan
sas City. Kan. was declared valid and
constitutional by the supreme court
today. The Kansas City park board is
given the authority to levy a tax of
one-half mill on the dollar to provide
| a system of public parks, parkways
and boulevards and to maintain the