The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-07-05
For Violating a Court Order Re-
Iating to Joints.
CALDWELL CASE SENT BACK
A New Trial of Insurance Suit
Is Ordered.
A Rehearing Is Granted in a
Shawnee County Case.

prene court issued five years ago.
Mayor E. c. Rice and four members
of the Coffeyville city police force were
today fined for contempt of court Ihe
CoffeyvilIe officials were cited nine
months ago for contempt on a charge
that they violated the order of the
court permitting the sale of intoXlcat-
ing LIQUOR and operation of disorderly
houses by applying the monthly fine
system in evasion of the law and the
courts order.
Mayor Rice and Fred Wannenwetch'
chief OF police, were each fined $5OO
and ]. H. Fletcher. H. A. Thacker and
tt X Smith, members of the police
force, were each fined 500.
On July 8, 1908, the supreme court
granted an order of custer, wherein 1t
prohibited the city of Coffeyville and
its officials from licensing jointists or
collecting fees of any kind from them.
1t was charged that the monthly fine
system had been in operation and that
under this system the city permitted
the sale of liquor and operation OF
questionable resorts. In April, 1911,
Mayor Z. c. Rice was placed at the
head of the Coffeyville city govern
ment.
1t was in September, 1912, that the
county attorney of Montgomery county
declared that Mayor Rice, Chief Wan
nenwetsch and members of the police
force were violating the court order
and winktng at law violations The
five officials, including the three police
patrolmen, were then cited for con-
tempt and in a decision today the Su-
preme court said that the defendants
We're guilty of contempt and must pay
fines. Unless the fines are paid with
in a reasonable length of time, the de-
PENDANTS will be committed to the
Montgomery county jail.
Fred WannenwetSch was regarded
as the bravest, most capable chief of
police Cofeyville ever had.
The supreme court today reversed it,
self when it ordered a new trial in the
Caldwell insurance case from Sedgwick
county. Several months ago the court
affirmed the Sedgwick county court and
said that the Modern Woodmen must
pay to Jane Caldwell the insurance on
her husbands life. Since then Caid-
well has been found and the court ON
a rehearing today ordered new trial
of the case
Caldwell and his wife separated Ill
Reno county seven years ago. The
woman said she believed her husband
was dead and brought suit to collect
"a $4,000 insurance policy. She received
Judgment in the Sedgwick county dis
trict court and that decision was af-
firrned by the supreme court. Then
came sensational Developments Ca1d-
well came to Kansas from California
as much alive as ever. He made afii-
davit that his wife knew he was not
dead and that she had refused to an
swer letters sent to her Caldwell Is
now an undertaken in Berkley, Cal.
and has lived there several years. On
his testimony. an application for a re-
hearing was filed and the supreme
court today said that the case should
be retired to determine whether Cald-
we'll was dead at the time the suit was
filed.
The supreme court wrote some new
law on the factory act today, when 1t
reversed the decision of the Shawnee
county district court in suit by j.
f. Weeks against the Seymour Pack
ing company and held that a man
injured in an unenclosed elevator can
not sue under the provisions of the fac
tory act and maintain judgment.
Weeks was working near an unenclos-
ed elevator when he was injured. He
brought suit for damages under the
factory act and received Judgment for
$1,750. The supreme court reversed the
decision.
When a building burns after con-
tract has been made for the purchase
of insurance and before the policy is
delivered. the insurance company must
pay the loss. according to a decision
today by the supreme court in the case
of Charles NJ. Wilson against the Ger
man-American company, appealed
from Shawnee county.
Wilson owned a skating rink and
moving picture machine. He asked an
agent to write him sS75 insurance. It
was nearly dark and the policy was put
in the agents safe until the next
morning. That night the skating rink
was destroyed by fire. The supreme
court affirmed the decision of the
lower court by declaring that the COM
pany must pay the loss
Where answers to special questions
TO a jury are inconsistent with one
another, or to the general verdict. a
new trial may be had, said the supreme
court today in the case of E. B. Bur-
nett against the Topeka Railway COM
pany, appealed from Shawnee county.
Burnett brought suit against the
street railway company for DANA ges
for personal injuries. A jury allowed
him $50 for medical attention, but in
answering special questions said the
plaintiff had not been injured by the
was sustained by the district court and
upheld by the supreme court.
The last bunch of decisions from the
supreme court before the justices be-
gin their summer vacations. was hand
ed down at noon today. The list of de-
cisions was one of the largest for July
years. There will be no other opinions
from the supreme court. except in
emergency cases. until October. Last
wear. lust as the court was preDariQg