The Glenwood post., 1912-05-11

declared that the act creating the COM
mission is constitutional and that it
gives the commission power to FIX
rates.
The Kendall-Hoag case also con-
cerned the railway commission. 10
November, 1910, Sheridan S. Kendall
a six year term beginning in January,
1911, on the expiration of the term of
Worth l.. Seely, appointed when the
commission was created. In 1910 the
extra session of the legislature amend
ed the act to allow the commissioners
to be appointed by the governor.
On May 3, 1911, Governor Shafroth
appointed Frank S. Hoag under the
amendment, ousting Kendall. Kendall
brought suit and lost his case in the
lower court. The judgment was re-
amendment which went into effect
| February 10, 1911, after Kendall had
| taken office, did not change the pre-
scribed office or term and contained no
emergency clause to take care Of Ken
dall's case.
Warrants issued by the state to the
value of $2,ll5,000 previous to 1877
and left unpaid by the state because
of legislation enacted in that year,
must now be paid The last legisla-
ture authorized the payment of these
warrants and the Post Publishing com
pany proceeded to bring suit to pre-
vent their payment. The Post lost its
case in the lower court and the judg
ment was affirmed today, clearing the
way for the payment of the money.
Charles j. Clayton, who conducts
drug store at Eighteenth avenue and
Humboldt street, Denver, in dry
ward, must pay a liquor license if he
keeps liquor to fill prescriptions. The
Judgment of the lower court, from
which Clayton took an appeal, was
affirmed. Clayton contended that be
cause his store was in dry territory he
need not pay license for keeping
liquors for filling prescriptions.
Ernest l.. Powers must return to the
penitentiary to serve out his sentepce
for larceny. The Judgment in his ap-
pealed case was affirmed Powers was
convicted in December, 1909, of swim
ding in fake footrace at Council
| Bluffs, Iowa. 1t was proved that after
persuading a friend to bet large sum
of money on him, Powers, an expert
racer, purposely "threw' his race,
heightening the deception by carrying
a bulb of red fluid in his mouth, by
means of which he simulated hemor-
rhage from over eXertion.
Powers appealed on the ground that
he had not been allowed sufficient time
to prepare a defense. The supreme
court agreed that time was not long
enough, but decided that the circum-
stances of the case prevented a rever-
sal.
Michael Finnerty won his appeal
from the decision of the FL Paso coun-
ty courts in his suit for $32,5OO against
the estate of the late Winfield Scott
Stratton. Mr.. Stratton employed Fin
nerty to secure a purchaser for notes
secured by mortgages on the Brown
Palace hotel and other properties.
Thomas J. O'Donnell, through Mr.
flnnerty, arranged for the purchase of
the property. Mr.. Stratton died before
the transaction was completed and rep
resentatives of the estate paid Mr..
| o 'Donnell to release the contract. Fin
nerty, on the strength of the contract,
sued for his commission, but both coun.
| ty and district courts decided against
him. He appealed to the supreme court
and the decision. was reversed on the
ground that Mr.. Stratton had entered
INTO the contract and that Finnertv
was therefore entitled to the commits
sion.
The court, by reversing decision,
ordered that Josephine and Henry
Hupp, proprietors of the Hupp hotel in
Estes Park, must stand new trial on
the charge of polluting the waters OF
the Big Thompson river with waste
from their hotels
The Larimer county court dismissed
the action against them on the ground
that the case was not important and
the state statutes against pollution of
1t, was not intended to include such
case. The supreme court held that the
case should be tried under the statute.
In the suit of Peter and Andrew Mel.
son against George F. Chittendon and
Angl $. VIII, to quiet title to land in
| MaShingtnn county tho sunrnn,a aa.,.t