The Topeka state journal., 1911-06-10
beyond the speed prescribed by ordin-


The first mandamus suit against W.
E. Davis, the NEW state auditor, to
compel him to register waterworks
bonds for the city of Chanute in spite
of the fact that legal notice of the
bond election was not made in
newspaper, was denied by the su-
preme court today. The court held
that a bond election to be legal
must have had due and legal notice
given Of that event in some newspaper
]. NJ. Nation had a mandamus suit
pending against him most of the time
he was in office.
Another Shawnee court decision
was affirmed by the supreme court
today in the case of F. o. and Leila
Delhi Chesney against George w.
Sutherin & Co. In this case the court
held that while the power OF nus
band does not extend to point where
he can create a lien on his wife's
property, yet he may act as her auth
orized agent in this matter. The Suth-
erlin company filed a mechanics 8
lien on Mrs. Diehrs property on her
husbands contract for material and
the couple made voluntary appear
ance in the case. Later they conteJ Jteo
ON the grounds that the husband
could not act for the wife In this case.
But the district court decided that the
lien should stick and the supreme
that uOSlSAOIs
In the appeal of the case of L. F.
Knight against Charles G. Carmen
from Cowley county, Carmen sought
to have the will of his late wife set
aside on the grounds that she could
not leave one-half of her property to
her brothers and sisters. The su-
preme court held that wife who had
no children by her husband could, IL
she wanted to, leave one-half of her
fn hTnthnTC and sisters
without the consent of her husband.
Elizabeth Beech of Neosho county
cannot recover damages from the M
death of her husband, who was killed
by train while crossing the tracks of
the railroad company. The supreme
court held that Beech was guilty OF
contributory negligence. That rail-
road track of itself is sufficient warn
ing to any person approaching it and
that he should therefore exercise prop
er care and caution in crossing the
track. In the trial of the case in the
Neosho court the jury first gave ver-
dict to Mrs. Beech in the sum of $4,-
900, but the court granted new
trial after setting aside the general
verdict. The supreme court held that
an able-bodied person in possession OF
his senses of sight and hearing VINO
omits to use ordinary care in crossing
a railroad track in front of fast
moving train cannot recover dam
ages or injury even if the locomo-
tive failed to sound whistle eighty
rods from the crossing. The track it.
self is a warning of possible danger.
An agent of an insurance company
is the same as the company when he
writes an application for an insurance
policy and the company accepts the
application it must stand by the agree
Nf took
out an insurance policy with the Mis-
souri, State Life Insurance company. IL
was dated back a month. making the
first insurance year only eleven months
but the agent and Pfiester had an
agreement that the premium should be
made on the real instead of the agreed
anniversary. Pfiester paid the insur-
ance premium on the real anniversary
and died a week later. The insurance
company refused to pay the policy on
the ground that the premium had not
been paid on the established ann1vor-
sa1y or thirty days thereafter. The
court held that as the agent had made
the agreement that the premium was
to be paid on the real anc not the fixed
anniversary the company was bound
to pay the policy.
The Kansas supreme court in a de-
cision in the case of LenOra Burcn
against Mary J. Goodson of Sedgwick
county, held that the law no longer
hesitates to award damages against one
who by continued, Wilful machlnatlons
succeeds in wholly or partically deprlV-
ing a wife of the affections which oth-
erwise her husband would have be-
slowed upon her.
The decision reversed the lower
court. Mr.. and Mrs. Norris L. Burcn
were married in Kirksville, Mo-, IN 1888
and lived at Scott City, and Sterling,
Kan. Mrs. Goodson a widow, hired
Burch to help her about the house ana
in the evenings he would send his Wl1e
and children to bed and then would SIT
up until IL or II o'clock settling up
accounts, drinking beer ana eseiIs G1Hs
cheese. with Mrs. Goodson. Mrs. Cool
son often invited Burch to her nome.
The companionship continued for sew
eral months and then Burch pegan 70
grow cold to his wits. Mrs Burch
brought a suit against Mrs. Goodson
for alternating her husbands affections.
The Sedgwick county court DECIDED tnat
she was not entitled to any damages
but the supreme court held that sne
was entitled to damages and courts
should not hesitate to award car uaInases 1es
to a wife against a woman who mas
| monopolized the time and attentions
of her husband.
Dr w. s. Lindsay was fined for con-
tempt of the district court OF Sna~Hee 4ise
county today and prohibited from treating
insane patients at Christ hospital IN To-
peka. Some years ago the hospital and
| Dr. Lindsay built sanator1um TOT tne
treatment of nervous diseases. The nos
pitaI and sanatorium are within the city
| limits of Topeka. Often persons VINO were
actually insane were kept there ana some-
times escaped. The patients running
around the neighborhood frightened the
women and children. An injunction was
secured against DR.. Lindsay, prought py
| r 8 Jackson. former attorney general,
whose home is within block of the san
atorium. DR. Lindsay violated the In
The Shawnee county district court. The
supreme court in its decision today upheld
the Injunction and also the fine assessed
| against DIR. Lindsay.
Kansas City, Mo-, must pay taxes In
| Kansas on its water plant, because the
| constitution and laws of the state OF
| Kansas has superseded the laws of
Moses A L. Berger. representing the