The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-07
Supreme Court Makes Order in
Bank Guaranty Case.
Decides 1t Shall Be Argued i'm
June.
SHAWNEE MAN WINS
Western Union Must Pay for
Delaying Delivery.
Tribunal Brushes Aside Techni-
calities in Criminal Case.

The Kansas supreme court will re-
guaranty case and will make the final
judgment probably in July as the final
hearing will be held in June. The
court took up the original suit brought
by the attorney general to compel the
state bank commissioner and state
treasurer to allow the national banks
to participate in the guaranty fund.
The court refused to dismiss the case
made parties to the suit L announced
that it would retain Jurisdiction of the
case and all matters relating to it
should be presented by May s and
final arguments made in June to final
ly determine the cOnstitutionality of
the guaranty law as far as the Kan
saS supreme court is concerned
According to the decision of the
Kansas supreme court in the suit of
E. D. Mikesell against Wilson county,
it is held that the county must pay the
costs in a liquor case where the con-
victed tointist has been pardoned from
Jail. George Ellis was convicted for
selling liquor on So counts. He was
fined 5000 and sent to Jail for 1856
days and also ordered to pay the costs
and fee of $25 on each count to the
assistant attorney general, Mikesell,
for prosecuting him. Ellis was par
doned by Governor Hoch, but kept in
jail because he could not pay the costs.
Later he was paroled from Jail on
account of the costs and Mikesell then
brought suit to collect his fee of $1,000
from the county. The supreme court
has affirmed the decision of the lower
court in giving Mikesell this fee, inter
est and his court expenses and the
county will have to pay the bill.
f..
In the case of Edward Morrison
against Thomas Pence from Gray
county the supreme court holds that
the failure of an officer to receive a
commission and to subscribe to an
oath does not diminish his authority
nor prevent him when sued for false
Imprisonment to justify the arrest on
the ground that he is an officer
1t is charged in the case that Nor
rison, who operated livery barn at
Cimarren, staked out a horse In plain
view of the principal hotel with her
legs stretched out and tied. He de-
clared that he did it to break her of
the habit of lying down when he at
tempted to drive her past the barn.
Pence was marshal and he arrested
Morrison on the charge of cruelty to
animals. Morrison brought suit for
damages against Pence on the ground
that the latter had not received his
commission as marshal and that he
had been falsely imprisoned. Pence
declared that he was the acting mar
shall and won his case in the lower
court. The supreme court affirms the
decision of the lower court.
The owner of shares of stock in a
corporation which is organized in an
other state and has its principal Of
fees in that state is required to list
the stock for taxation at the full value
and is not entitled to any deduction
from the assessment although all of
the capital of the corporation is in
vested in real estate and personal
property which is taxed in this state.
This in substance is the decision rem
dered by the supreme court of Kansas
yesterday in the case of Leigh Hunt
against the board of county commits
sioners of Allen county. In this de-
cision the supreme court affirmed the
decision of the district court of Allen
county.
The supreme court today held that
false representations are always ac-