The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-06-06
IN SUP RENE COURT
Reversal of Decision Favoring
T. J. Meyers Of Topeka
Transaction in Pork Under
Ban Of State Law.
DECIDES BEER IS INTOXICATING
Court Decides Against T. C.
Roberts Case of Topeka.
State Pension Law Not Man.
datory Is . Finding.

State Pension Law Not Man.
datory Is . Finding.
The supreme court today refused
to help the patron of a broker collect
alleged profits on a deal in futures
on board Of trade, on the grounds
that the whole transaction came under
the ban OF the law in this state. In
cidentally the second division Of the
Shawnee county district court is re-
versed and the local brokerage office
of T. J. Myers is released from the ne
cessity of paying Judgment of $172.50
on q deal in pork on which two Lyons
county farmers. D. E. and r. e. Carey,
had already made q profit OF some-
thing over five thousand dollars on an
original $500 investments.
Pork scared after the Careys bought
1000 barrels of 1t on margin through
Myers. When they closed out they
collected $5,O77.5O on their transac-
ton. They thought more was coming.
sued in this county and got Judgment.
Myers appealed. He contended that
the deal was a gambling transaction,
condemned by the statutes. and the
plaintiff and defendant were mutually
engaged as parties in a prohibited
DEAL
In the opinion Of the supreme court.
written by Justice A. w. Benson, it is
stated:
The defendant contends that there
was in fact no purchase or sale of
pork; and that transaction was a mere
gambling speculation-a wager upon
the rise and fall of market prices, de-
nounced as criminal by statute. Upon
we'll established principles of equity
the court will not compel either party
to keep his promise
Beer Is Intoxicating.
T. c.. Roberts lost his appeal. from
the second division of the Shawnee
county district court in which he had
been convicted Of the unlawful sale Of
intoxicating liquors, according to an
opinion handed down by the supreme
court today.
In his appeal Roberts had maintained
that 1t had not been proved that the
beer he sold was Intoxicating and had
produced a witness who swore that he
drank several quarts of the beer and
that 1t had no effect on hfmetaofncmfw
that It had no more effect on him than
that much milk.
Under the statute and city or1i-
nance beer is deemed to be an intoxi-
eating liquor. 1t is said that the drink
ing OF bottle of beer by a slender
young man without feeling any fntox-
icating effects, tended to rebut the pre-
sumption that the liquor was intoxicat-
much of 1t takes to produce intoxiat-
ing effects" SO the supreme court held
the beer was intoxicating and affirmed
the district court.
Pension Not Mandatory.
In denying the writ Of mandamus
asked by Theron X. Gleason against
the county commissioners of Sedgwick
today held that the destitute" pension
law passed by the 1913 legislature is
discretionary with the county COM
missioners, but is not mandatory upon
them. Gleason, alleging that he had
been a resident of Sedgwick county
blind. and unable to support himself.
with no relatives to care for him, ap-
piled to the county commissioners for
a pension. He maintained that the act
Of the legislature was mandatory; the
county commissioners maintained 1t to
be left to their discretion. and stated
they considered 1t unwise to pension
Gleason, as the county already was
contributing 80 a month to Gleason's
support. The supreme court ruled in
favor OF the commissioners and denied
the mandamus writ.
Island Land Case.
The supreme court affirmed a Bar
ton county decision in a suit involving
island lands, and held that the pro-
visions of the act Of 1907, authorizing
the disposal by the state of all islands
in navigable streams applies to all
lands, the title to which is in the state.
by reason of their having originated
as islands in a navigable river, even
though they may have ceased to be
islands before the enactment of the
statute. Tho court also held that the
fact that an individual is permitted to
occupy land for a long times does not
estop the state from asserting its title
to the land.
The title to a small unsurveyed is
land. existing in a navigable river at
the time of the admission of the state
into the Union, il regarded as being
in the state, as against any one but
the federal government. Fred Stecke1
OF Barton county brought ejectment
proceedings against. Reuben v. vancil,
who had settled on land which Steckel
claimed as an accrefion to lots owned
by him on the banks Of the Arkansas
river. The defendant claimed title
under purchase from the state. under
the 1907 island" statute. The su-
preme court today sustained the dis
trict court, which had refused the
writ OF e5ectment.
Hayes Produce Contract.
The supreme court today affirmed
the decision of the second division OF
the Shawnee county district court in
the contest between the Hayes Pro-
duce company and Possehl Brothers,
Minnesota shippers, over a difference
in the correspondence regarding the
terms OF the contract for two cars OF
potatoes shipped from Minnesota The
court held that to constitute a con-
tract the Ofber made by one party
must be accepted by the other without
any material modification. The Haves
company had appealed from an un-
favorable decision in the Shawnee
county court, and lost the appeal
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