The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-11-08
4 TECHNICALLY.

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CONTINUED from Psgs one.D
by the lower court in falling to COM
pei the prosecution to endorse names
of witnesses on the complaint.
The Kansas "anti-afhnity law" which
provided for a penitentiary sentence
for men who deserted their wives ana
families is law intended to enforce
the moral and social duty OF a husband
which he assumed at the time Of the
marriage. This was the decision of the
supreme court today in directing that
]. G. Waller Of Mcpherson county must
go to prison for deserving his wife. In
defending his case Waller commended
that the law was intended to apply only
to poor people where the wife had
been left in necessitiOus circumstan-
ces The supreme court said that 1t
applied to the rich as welr as to the
poor. 1t is to punish for desertion
either of the wife by the husband or of
the children by either parent, and to
enforce the observance Of the mar
riage vow rather than the actual col
lection Of the money necessary to sup
port the one deserted.
The supreme court says that when
lawyer displays enough skill. labor
and judgment to secure judgments on
notes which bank has long since
charged to profit and loss that the Law =
yer is entitled to one-half of the win
nings. The Miami County National
bank employed w. L. Joyce to make
collections on some notes which had
months before been charged off the
books Of the bank and promised Joyce
lively fee" for his service. Joyce
secured judgment by default. Then Tie
lawyer was dropped out of the case,
the bank kept the judgment alive for
IL years and finally realized on the
judgment. But Joyce's lively fee' was
not forthcoming and he brought suit
against the bank and received judg-
ment. The supreme court today up
held the decision of the Miami county
district court and said that Joyce was
entitled to one-hah of the original
judgment.
Bertha Revely must go to Jail for
selling liquor, according to the deci-
sion of the supreme court today in an
appeal from the Shawnee county dis
trict court. The Revely woman ap-
pealed on the ground that the state
possessed no information regarding
law violation before the filing of the
complaint or the raid on her place.
Evidence. however. showed that she
had in her possession a stock of liquor
were drinking liquor at the time Of the
raid. So the verdict Of the lower
court is affirmed and the defendant
must go to Jail.
The supreme court today decided
that under existing legislation the at
torney general is entitled to retain
the fees adjudged and paid to him as
costs for the prosecutions for the vio-
lation of the prohibitory law. w. E..
n
county brought a friendly suit to de-
termine the matter, and the court to-
day held in the attorney generals
favor. In 1911 an act was passed by
the legislature increasing the salary
and requiring all such fees to be turn
ed into the state treasury, but this
was vetoed, one of the express grounds
being that it would remove the incen-
tive to a vigorous prosecution Of the
prOhibitory law.
Of the attorney general, after January,
1915, to turn over all fees paid into
the state treasury. The supreme court
held that the specific and sweeping
language Of the 1913 act implied
deemed the attorney general entitled
until that date to these fees under ex-
isting legislation.
Wyandotte county must pay to Kan
sas City, Kan, all tax rebates and all
SoA PCAditACS COllcCl0O On properly
within the city. This also applies to
all first class cities in Kansas. of
which there are ten, and means an ad-
dition of thousands of dollars to the
cities revenues each year. This was
| the decision of the Kansas supreme
court brought by the city of Kansas
City against Samuel Stewart, county
treasurer of Wyandotte county. Judge
H. j. Smith, of the Wyandotte county
district court, had decided this ques-
ton and the supreme court today af-
firmed his decision
Kansas has always granted two
and one-half per cent rebate for
prompt payment of taxes, and added a
five per cent penalty for nonpayment.
1t has been the custom for the coun-
ties to keep the money received from
penalties for its own funds. and charge
the city with the amount of the re-
bates. The supreme court decision
was that the cities of the first class
were entitled to the entire amount of
taxes levied against city property for
| city purposes, and the county must
pay to the city the rebates, and it was
also held that any penalties collected
by the county on city property for
! taxes should also go to the city. The
law has been ambiguous on this point
regarding first class cities, but in Sec
ond and third class cities the law has
been definite that the rebates must be
paid by the county to the city, but the
penalties are collected and held by the
county.
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