The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-06-08

OoSOiS ana call Tor Q1Scr6ClOn, discus
sion and judgment combined.
The court retains Jurisdiction of the
case and may take it up at any time
When 1t feels that the mayor and coun-
Gil are not acting in good faith. fol
the welfare of the city in the perform
ance of their official duties.
| Justice West wrote the opinion, JUS
| tice Porter dissented as he thought the
! case ought to be dismissed. The ousteH
| proceeding was brought by the attor-
ney general, by direction of the gov
ernor. and against f. J. Lander, b.
keir, j. F. Richardson and j. Q. Ellis.
\ four councilmen of the city.
Phil Billiard Must Pay.
| Philip Billiard and A. c. Longren
must pay Lee Monroe $1,000 for the
damage done his automobile in a JOY
ride they took in the machine without
the owners permission, according TO
the decision of the supreme court to-
day. The decision affirms the verdict
OF the Shawnee district court. Billiard
appealed from the lower court but the
supreme court held that although Bill
lard was not driving the car, yet was
held as an accessory with the others
in the damage done to the Monroe car.
The evidence was that Billiard on the
night of the accident drove his own car
into the country, taking with MIN
George Rutter and young man by
the name of Maginnis. They stopped
DIT d IaTIn mouse S0NeTdI AlOhi
town and persuaded a man named
Nc Cauley, a friend of Billiard, but
stranger to Rutter, to go with them
for a joy pleasure ride. Billiard brought
the party in his car to Topeka, prom
Using McCauley to take him home.
Billiard drove to the Garage for the
purpose of procuring a supply of gaso-
line and discovered that one of the
tires of his machine was split. He
made the remark that they would not
be able to get McCauley home without
changing tires. Rutter then said: I'VE
viii take my car, referring to the
Monroe car which had been left at the
garage with explicit instructions that
it was not to be taken out except upon
the order of Monroe or his wife. Rut-
ter had been hired occasionally by
Monroe as a chauffeur but not regu-
larly employed. Rutter and Billiard
had conversation apart from the 9TH |
erS, and with the man in charge of the |
garage, after which Rutter lighted the |
lamps on. the Monroe car and ran it |
out. Billiard got in the front seat with |
Rutter. They started some tine about |
fore they left the garage Billiard went |
out and procured sandwiches and beer |
for the party. While Rutter was driv- |
ing the car at a high rate of speed on |
a country road, the accident occurred |
in which the car was overturned and
wrecked.
Billiard admitted that he knew whose
car it was and that it did not belong
to Rutter. The car cost s., 900 and was
nearly new. Monroe was put to the
actual expense of $500 for repairs to
he car. He was given 81 900 damages
II the lower court. In it's decision, the
court: IF Rutter agreed to
irive Monroe's car for the purpose of
aking McCauley home pursuant to
Billiards. agreement to see that he was
o the arrangement, knowing that the
ar did not belong to Rutter, he would
,e liable for damages to the car oc-
by Rutter'S negligence be-
'ause under the circumstances Rutter :
would b. deemed the servant of Billiard I
While making the trip" d
Amendment Cannot Be Submitted,
The constitutional amendment to al
ow the state to take a change of
'enue in murder cases will not be sub
nitted to the voters of Kansas at the
ext election. The amendment was
.dopted by the legislature of 1903 and
vas to have been submitted in 1904.
he attorney general at the time held
hat the amendment was not legally :
dopted, and it was not submitted to
he voters in 1904. The Kansas State
Bar association has been anxious to
ave the amendment adopted, and the
general brought q mandamuS ,
nit to compel it's submission at the l
oming election. The suit was brought
gainSt Charles Sessions, secretary of j.,
tate, to compel him to print the :
mendment on the official ballot this l
all. Sessions acted as his own attor-
ey, and wrote his own brief, and beat r
ne attorney general in the case and !
s the supreme court held that the I
m endment should have been submit r
I'd in 1904, there is no legal way of =
citing it on the ballot this year. q
The Stanton County Murder Case.
The first conviction in a murder
ase in southwest Kansas, south of the
rkansas river and west of Dodge Y
ity, was affirmed by the Kansas su
RENE court. George L. Pearce shot
nd killed J. L. Silvey in Stanton d
ounty last year. The two men had Il
orses grazing upon unfenced lands
wned by Pearce. The inhabitants of Y
lie southwest Kansas counties are SO fl
wv that nothing of as much impor- d
Lnce as murder could happen with tt
ut everyone in the county knowing a
bout it. When this murder was COM
lifted Judge Thompson of the district F
)urt wrote to many men in Stanton N
)unty asking them not to form any rr
oinion in regard to the case so that
would be possible to secure a jury z
try Pearce. A jury was secured and +,
earce was convicted of murder. +,
earce saw Silvey herding his horses =
l the Pearce land. He got gun and =.
de out to Silvey and shot him. Sill :,
" was unarmed. The supreme court ~
cid that the notice served by Judge
thompson to citizens of Stanton coun- W
was unusual but did not prejudice 81
e case. 1t was the first time a Kan m
s. judge had ever taken this precau-
IN.
Careless Auto Drivers Must Pay. al
Careless automobile drivers in Kansas al
no run over pedestrians are liable for al
mart money as well as for actual
images, under rule of law as laio M
wn by the supreme court today in a dc
cision in which the Judgment of the vi
strict court of Cloud county is affirm st
vi