The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-07-07
MAY USE HOUNDS
Supreme Court Holds That Dogs
Are Good Evidence.
Used to Trail Graham County
Murderer.
CAN NOT BE TAXED.
Ottawa University Wins Its
Lawsuit.
New Law Providing fer Tax I'm
constitutional.

cisfon affirming the conviction Of Inur-
der Of Glen Adams appealed from Gra-
ham county held that bloodhound evi-
dence was sufficient on which TO base
q conviction when the bloodhounds had
been proved to be accurate and reli-
able in following the trail of human
footsteps. In November. 1910. Joseph
Anderson was shot and killed at mis-
home Adams lived six miles away
but he left his home early in the eV-
ening and returned early in the morn
ing. Tracks about the home of An
derson gave the bloodhounds good
erail and they followed it to the Adams
home. ShOetracks at the Adams home
and around Anderson's S body and the
shoes which Adams wore corresponded-
The sohes and the blOOdhounds Were
all the evidence on which the trial was
based except some conflicting state
ments made by Adams at the time OF
his arrest as to his whereabouts the
night Of the murder. The 5upre ne
court held this evidence sufficient and
Adams must go to prison for life. As
a possible motive for the crime Ander-
son had accused Adams and some other
young men of breaking into a school
house some time before. The boys had
damaged the furniture and building
considerably and were prosecuted by
Anderson.
Kansas City, Kan, passed by the l9US
legislature was sustained by the kan
sas supreme court today and the board
has ample authority to condemn pro-
perty and use it for park purposes
Claus Stelling owns some property
which the Kansas City, Kan, rark
board desired for a boulevard along
Nebraska avenue. Stelling charged thaI
the law creating the park board anu
Giving it power to condemn property
as
adopted some amendments which the
house Of representatives did not con-
cllr in The supreme court held that
the legislative records were good ana
that the law should stand.
In affirming the decision of the
Franklin county court in the Ottawa
university tax case, the supreme court
today held that the constitution OF rhe
state exempts all property used foe
educational purposes from taxation,
and the legislature is powerless to limit
this exemption to any sum or number
of acres of land. Following the law OF
1907 exempting only ten acres of land
for educational purposes, the county
authorities of Franklin county assessed
taxes against the SO acres of land held
by the Ottawa university, eXempting
only ten acres as provided by law. The
university refused to pay the taxes, but
was later compelled to pay them in the
race a
payment. After paying the taxes tho
university brought suit against the
county for recovery of the money. The
lower court found for the university
and today the supreme court upheld
the lower court and at the same time
defined the language and meaning Of
the constitution when it declared that
al land used for educational purposes
shall be exempt from taxation.
Still another echo of the old Craw-
ford opera house fire was heard today
in the supreme court when that body
modified the decision of the lower court
in regard to the losses claimed by the
Crawfords as a result of this fire. The
supreme court affirmed in the judg-
ment for attorney fees for the Craw-
fords, and for the amount of the judg-
ment for losses, 81, 500, but the s4S5 al
lowed for rent lost on the building dur
ing the time required for its recon
structiOn was modified and sent back
for a new adjustment. The Crawfords
did not rebuild the theater on the old
site. but constructed office buildings
instead, the ordinance of the city Of
Topeka forbidding another theater
building on this site. The Crawfords
claimed judgment on their policy for
the time consumed in building the new
structure. The lower court gave them
$485 besides the face of their policy.
The supreme court held that only such
time be allowed for erecting a new
theater building as would ordinarily be
required had a theater been built 90
the site. In other words the time re-
quired to build the office building is
not to be taken as a criterion for the
time required to erect a new theater.
That time must be estimated, and
rentals allowed for such time
The railroad companies with lines
entering Kansas City, Kansas must
comply with an order made by the
state board of railroad commissioners
in 1909, requiring them to provide
freight terminal points and facilities in
that city. The original order was di-
rected against the Missouri Pacific.
Union Pacific and Santa Fe railroa i
companies. The Missouri Pacific ap-
pealed from the railroad commission
to the district court of Shawnee coun-
tV. where the order of the commission
then appealed to the supreme court.
pleading that the act of 1907, unde
which the board had proceeded, was
unconstitutional because it imposes an
unreasonable penalty of $1,000 per dav
for failure for each day that the COM
pany failed to comply with the order
of the board. In affirming the decision
Of the district court, the supreme court
holds that the law is constitutional
and that the order must be cOmDlied
with. In the opinion. which was writ
ten by Chief Justice Johnston, the con-
tentiOn of the railroad company re-
garding the penalty is disposed of as
follows: 'sIt is competent for the state
to impose such penalties as will tend
to compel obedience to its laws and
mandates and especially to require
performance of such primary duty
as the provision of a depOt and ter
minal facilities. Counsel for state sug-
gests that the penalty does not appear
TO have great compelling force as