The Topeka state journal., 1909-03-06
NOT FOR JAMES.
Supreme Court Denies Right to
County Assessors Office.
Sued for Place Under Old Sol
diers' Preference Law.
WHAT is NEGLIGENCE?
Man Hurt by Sudden Stopping
of Train Can't Recover.
Man May Re Performing Duty"
While Resting.
WHAT is NEGLIGENCE?

The suit of Thomas NJ James
against the county commissioners of
Shawnee county in which James. who
is an old soldier and was an applicant
for the place of county assessor,
sought to have S. H. Haynes, the pres
ent assessor, ousted from his office
under the old soldiers preference law
was decided by the supreme court.
The writ of custer asked for by James
was denied
The courts decision in this matter
was not based upon the effectiveness
of the old soldier preference act but
rather upon the fact that after all
county assessors had been appointed
under the new tax law that the leg
1slature, in order to set at rest all al
legations as to the validity of these
appointments, passed an act that pro-
Vfded that all things done and all ap-
po1ntments made under the new tax
law should be confirmed and made
valid.
The court held that this curative
act made valid the appointment of
Haynes by the Shawnee county COM
missioners in the face of the old SOL
der preference act for the reason that
the legislature could if it had desired,
have made. exceptions in favor of
those appointments made contrary to
the old soldiers preference act
In its opinion the court found that
James was an honorably discharged
old soldier, fully competent to per-
form the duties of the Office he sought
and thus came well within the pro-
visions of the act under which he
brought suit. The court did not pass
at all in this case on the effectiveness
of the old soldier preference act, but
denied the writ of custer on the
grounds of the legislative curative act
noted above.
If a man was on a freight train and
has car of cattle in the train and a
conductor yells, "This - train is
burning and the passenger becomes
excited, rushes to the rear platform
and is thrown to the ground because
of the sudden stopping of the train he
cannot recover damages for the injury
received therefrem. This is the de-
clsion of the Kansas supreme court in
the suit of A. P. James against the
Rock Island railroad company. James
was taking some cattle to market and
was in the caboose of the train when
the conductor discovered that a car
was on fire. The train was running
about thirty miles an hour The con-
ductor shouted that the train was
burning and James ran to the rear
platform to see if his car of stock was
the one on fire. The engineer discov-
cred the fire about the same time and
applied the emergency brakes. James
was thrown to the ground by the sud
den stopping of the train. He was Sc
verely injured and brought suit to re-
cover damages, but the supreme court
held that there was no negligence on
the part of the railroad employees.
Chief Justice Johnson and Justices
Mason and Benson dissent from the
decision of the majority of the court in
this case.
A man may be resting, but still is
performing duty, according to the
decision of the Kansas supreme court
in the suit of the Pittsburg Vitrified
Brick Co. against Edwin Fisher from
Crawford county. Fisher is the step
father of James Larue, who was killed
in the plant of the company. Larue
and others were working at the brick
making machine and it was Larue's
time to rest. While sitting on a truck
he was told that another machine was
out of order and he started over to
help fix it. His clothing caught in the
and he was killed The
courts held that even though he were
resting and wandered over to help do
something that was not particularly
his own work he was performing his
duty and the company was liable for
damages.
Because he received $1s.12 which
he was not entitled to, Clement L. Will
son of Thomas county is disbarred
from practicing law in Kansas Will
son was a lawyer and also was handl-
ing a real estate DEAL He sold some
the owner and purchaser he retained
$6.56 which he claimed was to paw the
taxes on the property, but the taxes
were never paid and the property was
later sold for taxes and then the action
was begun against Wilson because he
had not acted in good faith There
was another charge that Wilson had
retained 500 which did not belong to /
him in the same transaction. The low
er court diSbarred him and the Su-
preme court sustained the disbarment |
Clement Wilson is a brother of A. P. |
Tone Wilson, who was disbared by the |
Shawnee county court short time |
ago.
James A. Crupper rented a house |
from w. M and Chas. Walterscheid /,
in Wichita. Mrs. Crupper was sick
in bed but the Waltersc1eids wanted /
possession at once. so they secured |
workmen and had part of the roof /
torn off the house. That night it |
rained and every thing in the house |
was thoroughly soaked. Crupper, |
who was "A years of age, protected his |
wife by holding tablecloths over her.
while he himself stood in the rain all 1
night in a house from which the roof |
had been removed because the owners
wanted him to move The rover court /
gave him $500 damages and the su-
Dreme court held that he was entitled |
to every cent of it.
When gas company eXactS nVe
dollars advance payment from Gus |
toner and uses this money as its own |
If must pay taxes on 1t. This is the |
decision of the Kansas supreme court
in the suit of the Parsons Natural Gas
company against ]. r. Rockhold, |
county treasurer of Labette county. |
Nearly every one of the natural gas
companies operating in Kansas re-
ouire this deposit when new GUS
toner orders gas into his house. The