The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-03

originally from his father, and came to
Topeka to spend it. Pigg was convict
sentenced to the penitentiary. His case
vas appealed to the supreme court,
which today affirmed the decision OF
Judge Dana, and there is nothing left
for Pigg but to go to the penitentiary
or jump his heavy bond.
The case of the I. o. o. F. against
1'routnIan & Stone for money advanced
to improve the De Boissiere property
was decided in favor of Troutman &,
Stone. This ends the famous De Bois-
siere litigation.
In the Yeager-Aikman judicial con-
test the court declined to take jurisdic-
ton. N. A. Yeager, Democrat, was de-
feated by G. P. Aikman, Republican,
for district judge in the Thirteenth dis
trict by 18 votes. He filed a contest be-
fore the state senate last winter, claim
ing that a recount of the votes would
show a majority for him. The senate
decided the case in favor of Aikmau
without even going into a recount.
Yeager then began quo warranto pro-
ceedingS in the supreme court to GUST
Aikman on the ground that he had not
been legally elected. In deciding the
case against Yeager today the court
held that the senate had concurrent
Jurisdiction with the court; that Yeag-
er saw fit to take his case before the
senate first and having lost it there he
could not consistently ask the supreme
court to retry the case.
The court decided that when an old man
married young girl and she took care of
Iiia Iif IA I Se Idmtiy OF cnlIdren py FORMER
W1e. ne would have to pay her literally
for 1t. Louis Rullman, eighty-tWo years
old and his twenty-four year old wife at
Wathena, Kansas, fell out and divorce
proceedings were instituted in the Doni-
phan county court. The judge declined to
grant divorce because both parties were
at fault, but he divided up the property
giving the wife about seventy-five per cent
the decision of the lower court the supreme
court held in effect that a young wife
husband by a former wife was certainly
entitled to a lions share of the property. !
The, Kansas supreme court is not such
a stlcller on technicalities as the Missouri |
supreme court 1t is recalled that the Mis- |
souri, supreme court recently turned a ST. !
Louis boodler loose because the informa- |
ton on which he was tried did not contain |
the word the" Recently W. H. Dixon |
was tried in Reno county in the charge /
of misconduct in office He was city mar
shall. He tried to get out of IT beca use the 1
left out the word ''maIicfous.
The supreme court today says I'm a pros
ecution under statute making wilfuI and !
malicious conduct in office a misdemeanor
the information is immaterial.''
L w. Lahore was convicted in Decatur
sf9 Of ", yio4lstingg lat the Prohibitory law
one Of the jurors gave contradictory an
;werS to questions touching his Qualifica-
ions as a juror. The supreme court held
hat this was not sufficient to reverse the
Ease.
The court denied writ in the nanda-
nus proceedings filed by former Judge J.
McCabe Moore of the Wyandotte county
district court against State Auditor James
" Nation to allow him salary jury
commissioner. The law of 1907 required
Tohn Moore to serve as jury commissioner
md allowed him about 1900 year for
nat work. The state audito refused to
'ay the salary claiming that it was in
ealty an Increase of judges
alary and that under the constitution
uch salary could not be increased or
diminished during the term of office The
ourt held that the statutes of 1907 are
Constitutional and oblige the plaintiff to
ender the service required but the pro-
tsion for an increase salary could not ap-
'ly to him because the statute took effect
While he was serving an unexpired term.