The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-05-08
CITY MUST PAY
Liable for Damages in Charl-
Vari Case.
Supreme Court Holds 1t is
Unlawful Assemblage."
BOY WAS INJURED.
Run Over by HOOdlums in Streets
of Cherryvale.
Court Holds That Action of
CelebratOrs Is BarbarOus.

the city of CherryVale, against Min
erva Hawman and Frank Hawman
appealed from Montgomery county
decided today that where the mem
bers of a charivari party forcibly place
bride and groom in a wagon against
their will and draw them up and
down the streets, they are engaged in
an act of unlawful violence for which
the city should be held responsible
and the fact that they are good natur-
ed and intend no serious harm to any
one does not absolve the city from
liability.
In this case the newly married cou
pie were made the victims of a char
fVari party by a number of young men
of Cherryvale. This party gathered
at the home where the bride and
groom were staying, forced their way
.i'tto the brides chamber and COM
pelled her to accompany them to the
street. She did so, much against her
VIII. The young men placed her and
her bashful husband upon a cart and
siezing hold of the shafts proceeded at
high speed through the main streets
of the city. They stopped from time
to time at the street corners and in
troduced their victims to passersby in
burlesque speeches. thereby attract
ing large crowd. 1t cannot be doubt
cited considerable tumult and disor-
der. Frank Hawman, a boy 9 years
old. was attracted to the unusual scene
and was knocked down and run over
by the cart, suffering a broken leg in
consequence. His mother, Minerva
Hawman brought suit against the city
of Cherryvale, under the statute MAX
ing municipalities liable for all dam
age accruing from the action of mobs
within their limits. The plaintiffs Sc
cured damages in the lower court. The
city appealed the case but the supreme
court held against it.
In affirming the action of the lower
court the supreme court says:
1T is said that the rioters were in
a good humor. Very likely. as they
were permitted to carry on their op-
GRAFTON without interruption. But
with what motive were they perform
ing these god humored acts? Not,
certainly, for the qualification of the
groom and his bride. They were CIV
ing them what is called a charivari,
which Webster defines and explains
as follows: "A mock serenade of dis
cordant music, kettles. tin pans, etc,
designed to amy and insult
THE object of a charivari is about
as barbarous as the pronunciation OF
It's name. Whatever liberation ii
once had has long since passed away
Even when in vogue it was often at
tended with violence and bloodshed,
II it ever was allowable to direct a
jury that such an Assem- mblage, with
all its tumult and confusion, was not
great provocation to those ANNOYED
and insulted by it, that time has pass
ed away"
Frank NJ. Holcomb county clerk O.
Wyandotte county, must turn ov,r t.
the state treasury the money he ha.
deducted from the fees collected fo
hunters licenses. The supreme cour
has granted urvit of
damus to compel him to turn over thi,
money at once. Holcomb collected sew
eral thousand dollars for the license
and from each one he collected for h,
deducted 20 cents. He claimed tina
this was due him as county clerk he
cause the law requires feet of tba
amount for each document to which tn,
county clerk attaches a seal The fe
for the licenses is 81 and Holcomb heI,
out one-fourth of the total amount re
ceived. something over $1,000. The su
preme court says that Holcomb ha
no concern about any fees for him
self and that the county clerks ar
Nmerely agents to see that the fees 70
the licenses are collected and t11rne,
over to the state.
The Cove county high school wa
knocked out by the supreme court in
decision handed down today in the sui
of the state against w. E. Bentley. Tn
law allowing county high schools 70 h
established required that a notice tbo
the county commissioners would con
slider the matter be published for si
weeks after the law became effective
The commissioners got in hurr
and began publishing the notice befor
the law was in effect The publicatio
was made for seven weeks previous +
the time set for the hearing but onl
five weeks intervened from the fin
the law went into effect to the tim
the meeting was held. The notice wa
published therefore legally only fv
weeks and because of this defect Gov
county cannot have a high school no,
until all of the preliminary arranpe
ments are worked through again.
The supreme court held TODAY tha
an ordinance of a city of the secon
class owning and operating water
works, which prohibits consumer
from taking from its mains anv wata
measured by means of a water mete
of the kind ordered by the comet
the expense thereof to be borne h
the consumers, is not unreasonable
but Is valid, and the city has tn
right to stop the supply of water un
der these circumstances whenever
sees mt. The court reached this con
Rclusion In confirming the verdict q
the lower court in the case of Levi
F. Cooper who had brought sui
against the town of Goodland for in
sisting that he receive his water b
meter or the supply would be cut of
Cooper asked for an Injunction I
prevent the city from installing
meter on his premises or cutting Of
his water. The injunction was de
MED.
In reversing the Shawnee distric
court in the case of NJ. L. George an
I, H. McQuilkin VS.. Joe Lane and +