The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-04-11
SUPREME COURT.


structed to notify James OepOu ~
| this case Depon was notified by the
| railroad agent. He went to local
bank and found there a draft for five (
hundred dcllars which he paid and was
given a sealed envelope. which In real
ity contained a bill of lading by which
Depoli got the car load Of beer. The
state officials saw this car OF beer be-
fore Depoli had obtained possession. II
was seized and the Columbia Brewing /
company asked that the beer be re-
| turned to 1t. i
The case hung purely on the validity |
| Of the Webb bill. If 1t were invalid the
state had no control over the disposi-
l ton of this car load of beer. The lower
ed the states contention by upholding
the validity Of the law giving the states
control over all Interstate liquor ship |
ments.
| Under the Webb Kenyon act. states
are given power to regulate liquor ship |
ments and to seize liquors sent into |
dry state for illegal purposes. The act
does not permit the Selling OF liquor
| shipped for personal use, but where |
shipments are made from wet to dry
| states, seizure may be made by state
officers.
Sand Royalty Upheld.
The supreme court upheld the valid
ity of the sand royalty tax law passed
| by the 1913 legislature today. The law
provided for tax to be paid the state
on all sand taken from the beds of
navigable streams. 1t was argued by
the numerous sand companies that
the sand in the streams was a natural
product over which the state had no
control and that any one was at lib
erty to go out and take sand the same
as he would be permitted to shoot NIL
gratory birds. 1t was estimated that
the tax imposed on the sand COM
panies would bring to Kansas reve-
nue. of about $4,000. The state has
. been collecting this money since the
law went into effect but has been I'M
able to use it because the money was
Ipaid under protest and could not be
I put into the treasury until the valid
! ity of the law was determined. the
l court held that the United states
. gave to Kansas the control or title TO
> the waters or bed of a public or navl-
, gable stream. The government recoe-
: nized by it's surveys that the Arkansas
river almost to the Colorado line, the
: Kaw and Smoky Hill rivers as 1ar
a west as Abilene, and some OF the
Z smaller streams, were navigable and
that the title to anything in the water
or the bed belonged to Kansas.
The law fixing the royalty on sand
x was passed by the 1913 legislature and
the court held that minor discrepan.
cies in the record of the Dill dlo not
affect its validity.
Harper Case Is Reversed.
= Suit by John w. Harper and vile
: against the city Of Topeka for $1O,00t
: for the drowning Of their seven-year-
= old son. Matteson Harper, In a Contra
8 park pond, was reversed by the su.
n preme court. The boy tried to skate
q on inch thick ice in the pond In De
e cember, 1911, and was drowned. Grim
inal negligence on the part OF the cit,
d in not safeguarding the pond wa.
h urged in the suit for damages. Iht
g city filed demurrer to the petition
W and claimed that the charges were
e not sufficient to constitute a cause OF
i action. The second division of the
l. district court overruled the demurrer
= and the city appealed. The supreme
% court today reversed the case and
20 stated that the demurrer should havt
- been sustained.
le "Ordinary cities and other munich
~ pal corporations in the exercise O.
their governmental functions are no
~ liable in damages" said the court
os of their officers in the discharge o.
" their duties unless such liability is ex
E. pressly imposed by law"
I'd Judge West specially concurred II
ly the opinion.
Bud Muir Wins a Point.
st Bud Muir won a point today when thu
II. supreme court affirmed the decision o
ar the First division OF the Shawnee county
lie district court. Muir was arrested charges
with obstructing and opposing an Office
"a in the discharge Of his duty and with as
~ sault and battery on the officer. The tw'
at cases were consolidated. Muir was con
at victed in both instances.
IS, Then the defense raised the point tina
one charge against Muir was felony an
tn the other a misdemeanor charge. The
ar citeu that Muir had had no preliminaz
- on the felony charge and had not re
a claimed under the felony act. The cour
arrested judgment on the first count an
ay entered judgment on the second coun
nd The state appealed and the supreme coul
today affirmed the lower court.
Reverse the Pierce Case.
The Shawnee county district court wa
reversed in the case of Eliza J. Pag'
conservator of the person and estate :
the Rossville State bank. Pierce, Oh
ful cago man, divorced his insane wife se'
eral years ago. An agreement betwee
attorneys and Mrs. Pierce's brother r.
suited in the settlement of propert
her rights. Later Mrs. Page brought suit Z
vas1 Mrs. rleace -" Iii int~rest ~ m Osa,
tin ~ rarro JUDGMENT rendered nv
US jury in the district court was revers'
the by tn supreme court
sly sly Other Shawnee Gases.
,tin Ire sup 10 re-t the awnea conn
court in the case of c. E. Doty and NJ
gnt Dcty against d. 8. Shepard and others 7
gardirs the ine an 81 uietnr Of *
Ca to other property. The case went to I
{ to supreme court on an appeal from a I
port of a special referee appointed by t
district court to take testimony.
On rehearing of the case of j. E. Wee
IaTainst the Seymour Packing compar
OF the court adhered to its former decist
ent reversing the Shawnee county court.
en- Rehearing of the case of w. h. Holm
the against F. H. Halt ct al. resulted s;, IN J
r. decision of the trial court
The case of C. Dyson against b. r. b,
1e involving half ownership to the wall OF
be Affirmation OF the decision OF the low
With court.
a