The Topeka state journal., 1914-02-07

chirOpractOrS. Inc law PioxS-ox,,, Pr
anyone to practice medicine, osteopatns
or chiropractic in Kansas must pas
the same examination In phys1oioe1
and anatomy, hygiene and systema.
tology required of the ordinary meolca
and surgical practitioner.
with this requirement of the law ano
until they do there are none ehgiole
TO appointment on the board. Ine i" F"
creating the board provides that the
membership shall be made up OF those
practicing chiropractic for at least two
years. AS none had complied with the
law regarding the examination the
practice for two years was 1llegal anu
therefore the governor would De ap-
pointing self-confessed violators OF the
law to enforce the law. The supreme
court says that this is not an insur-
mountable obstacle because chiro-
practor could take the examination re-
quired and be eligible to appointment
even though he still could be prosecut-
ed for his illegal acts previous to the
examination. The supreme court sug-
gests to the chiropractors who want this
board that they should go ahead. take
these examinations and then apply for
the appointment.
Writes New Election Laws.
In deciding an election contest to-
day the supreme court handed down
several important rulings concerning
the marking of ballots. which will ap-
ply to the new Massachusetts ballots
as well as to the old form.
Some of the ballots in question in
this case when delivered to the voters
had printed on them horizontal marks
in the middle of the squares at the
right of the names of the candidates.
Some Of the voters completed cross
marks by drawing a line across the
printed horizontal marks. The court
held that the defect from the printing
and preparation Of the official ballot,
and that there was nothing to show a
fraudulent purpose, and ordered the
votes counted.
Some voters wrote the name Of
Theodore Roosevelt, which was the
name of a candidate, in the blank col
umn under the head of presidential
electors, and placed cross marks in the
squares opposite. The court held that
these ballots were not invalid as re-
CARDS other candidates whbse names
were legally marked. In dne case an
absent voter cast his vote in a senator
ial and also in a congressional district
in which he did not reside. A ballot
printed for the second congressional
district was delivered him and he
struck out the designation second and
substituted the word first; he also
crossed out the word sixth, which de-
signated the senatorial district. The
court ordered this ballot counted,
HOlUlu8 tndI luS6e CAkdu8CS were 1ldOC
to make the ballot furnish to him ap-
plicable to- his needs, and to adapt IT
to the district in which 1t was to be
counted. A. s's 5.ss<s
The. changes in question were made
to that end, said the court, and not for
Identification or for other wrongful
purpose. --s.,-
Jessie Campbell was elected county
clerk of Brown county over John E.
MatthewsOn on the face OF the returns
of the election showing majority of :
eighteen for her. The canvassing
thewson brought a contest. The con-
test court threw out enough votes to
give Matthewson the office by two
votes. The supreme court held that
the votes thrown out were legal and
should have been counted, giving Miss
Campbell the office by a majority of |
seven.
New Death Statement Rule.
Kansas rules Of evidence as affect |
ing the admission of dying declara- !
tions was made more expansive today /
by a ruling of the supreme court to !
the effect that such statements shall (
not of necessity be limited to homi- /
dered by the court in reversing a de-
cision Of the Shawnee county court !
in the case of ]. w. Thurston as exec
utor of the estate of John Rund
against Frank Fritz and Alonzo Beal.
Fritz and Beal bought a farm
owned by Rund. The property was
valued at from $4,000 to $4,000. The
transfer record showed that the sale
was for "$5 and other valuable consid- {
eratiOns." Fritz paid Rund $4,000,
the evidence showed. Rund went to
Europe. returned home sick and was
much of the time under the care of a
trained nurse. He sent Fritz several
letters and tried to bring about a
1nal settlement. Just before his
death in August, 1910, Rund made a
dying declaration in the presence Of
witnesses in which he set forth the
purported facts about the sale OF his
farm. In the suit by the executor to
recover the money claimed on the sale
of land, the court refused to admit
he dying statement. The supreme
court today reversed the case
The rule that dying declarations
ire admissible only in criminal cases
land those involving homicide) is
without reasonable basis" saws the
court. land should not longer be fol-
owed
Must Pay Reward.
According to decision handed
1own by the Kansas supreme court
.oday, person who discovers the
perpetrator of crime, and the evil
1ence by which he can be convicted.
may be entitled to a reward offered
Tor the arrest and conviction of the
offender, even although. having the
power to make the arrest himself, he
omlts to exercise it, and permits some