The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-10-10
Supreme Court Disposes of the
Mayor Rose 81, ZOO.
Decides Wyandotte County Is
Entitled to Money.
LONG LIST DECISIONS.
Little Opal Swarens Goes to
Her Father.
Leavenworth Saloon Keepers
Get Fixtures Back.

LeaVenWOrth Saloon Keepers
Get Fixtures Back.
Under the decision of the Kansas SUI
| preme court rendered today, the $1,000
hne imposed by the supreme court on
W. w. Rose. ex-mayor of Kansas City,
Kan. will be paid to wyandotte coun-
ty, and not to Shawnee county.
| This Is reversal of the opinion OF
former Attorney General c. C. Cole
man. who advised the clerk of the su-
preme court to pay the money to Shaw
nee county. Mr.. Valentine, clerk of the
court, refused to act under the attor-
ney generals advice, and both wyan-
| dotte and Shawnee counties submitted
their claims for the money to the SUI
preme court. The court says in an
opinion written by Justice Burch:
| The proceeds of a fine imposed in a
contempt proceeding in this court
should be paid into the treasury of the
| county where the liability to the fine
was incurred, for the benefit of tho
school fund, not into the treasury of
the county where the fine was imposed.
or where it was paid or collected
In the opinion the court goes on to
say: "The Jurisdiction of this court is
co-extensive with the territory of the
state. Its sessions, however, must be
held in some locality within the con-
fines of a county. The constitution re-
\ quires that one term each year be held
| at the seat of government. The legis-
| lature may require other terms to be
held elsewhere, but it has not done so.
| The question is. therefore, If the ac-
| cidental circumstance of the present
1 transaction of all the courts business
| at Topeka makes Shawnee county the
beneficiary of all fines 1t may impose"
| The court finds that such accidental
circumstance" does not warrant paying
| all fines to Shawnee county, but that the
| money should go to the county where
the liability to the fine was incurred.
Mr. Valentine will in few days send
| to Wyandotte county check for tho
1000.
Trickett Loses a Point.
The disbarment proceedings against
c. r. Cooksey in Kansas City, Kan,
t will not be taken up IN the Kansas SUI
! preme court until the dIsbarment pro-
| ceedings against c. w. Trickett are
finally determined. The court handed
down an opinion on this matter today.
The court says:
&C. w. Trickett brings to the atten-
/ ton of the court an accusation con-
/ tanning charges which he makes ar
fecting the professional conduct of c.
r. Cooksey, an attorney Of this court,
and asks that such charges be investi-
gated and such action taken as the re-
| suit oe the investigation may Indicate
ION the face of the accusation 1t ap-
pears that shortly before 1t was nleo
Mr. Cooksey Instituted disbarment pro-
ceedings against Nr. Trickett in an
other forum. and the charges of the ac-
cusation relate to subjects of investi-
cation involved and connected with
that proceeding.
| "Without passing upon the merits OF
the action or its suffciency as a basis
i for an investigation of the conduct or
the party charged the court Is OF the
opinion that it should not take cog
nizance of 1t pending the disbarmene
proceedings against the courts In
formant-"
| In effect the decision of the court
tells Mr.. Trickett that 1t is bad grace
for him to come to the supreme court
with disbarment proceedings until his
own hands are clean.
l Police Judge Must Help.
The police Judge of a city of a Sec
ond class, while a judicial officer has
some other duties to perform in addi-
ton to being Judge of the police
court. He must inform the county at
torney of violations of the prohibitory
law Such was the decision of the
Kansas supreme court today in the
appeal of the case of Phil Kenner. po-
lice Judge of the city of Scammon, In
i Cherokee county. He refused to tell
the county attorney of violations Of
the pTOnlDlLOTy law OE Lnc
names of witnesses. An custer suit
was filed against him for neglecting
his duties. The law requiring the po-
lice Judge to give this information was
held unconstitutional by the district
court in Cherokee county but the su-
preme court reversed this decision.
holds the law constitutional and says
that police judges must obey its pro-
visions.
i No Money for McBrian.
The position of State Auditor James
NJ. Nation in refusing to allow the pay
Il of $50 per month granted to ]. ID.
McBrian, chaplain of the state peni-
tentiary, for teaching the night school
at the penitentiary, was sustained by
the supreme court, and Mr.. McBrian
will be unable to collect extra pay
for his work as teacher.
The law provides specific salary
for the chaplain, and provides that he
shall devote his entire time to the
Institution work. The managers of the
prison decided that 1t would be ec-
. onomical to hire Mr.. McBrian at $50
per month extra to teach the night
; school Mr.. Nation refused to allow
, the warrants. Mr.. McBrian brought
suit for a writ of mandamus. and this
application the court denies.
What Is Manhattan Cocktail?
"a Manhattan cocktail is generally
and popularity known as an intoxicat-
ing liquor, and no proof of its intox-
icating character is necessary in pros
ecutions under the prohibitory law
By a unanimous decision of the
Kansas supreme court, the character
of the Manhattan cocktail Is Officially
|, determined in the language quoted
: above. The opinion was written by
/ Justice Porter, all the justices con-
curing.
This rather unusual decision was
) called forth in the appeal of Robert
Pigg who was convicted in Shawnee
county of running a joint. The state
relied for its case upon the sale OF