The Topeka state journal., 1914-01-10


fcontinned nom r1se ons.)
corpus proceedin9s IA the Douglas
county probate court to gain custody
Of his daughter.
Sulxen l. = wealthy farmer and
charged that Pfnney was Incompetent
and unable to provide for the girl ano
the probate court refused to give the
child to the father. An appeal was
taken and the district court affirmed
the probate court
Original proceedings in habeas
corpus were then instituted in the su-
preme court and that tribunal today
gave the custody Of the child to the
father
Il is claimed that the Pinney de-
cisiOn today is in conflict with the de-
cision in the Incubator baby case In
which the supreme court declined to
entertain except on appeal alleged
garding the custody of q child. A mo-
ton Tor rehearing will be filed by
Sulzen's attorneys and an effort made
to retain possession Of the child.
Affirm sRaver Road" Case.
The supreme court affirmed the
trict court In the river road" case
involving the building by the county
of q dixie along the Kaw river road,
which the city sought to have repair
ed and reopened. An Injunction suit
was filed In the district court. but the
lower tribunal held that the county
had a right to build along the road to
prevent the OVERLOOKING of the stream
and destruction of property. The
court Overruled the remurrer of the
city as to this part of the answer and
the city appealed to the supreme
court.
No Fees for Topeka Policemen.
City policemen who are called to
testify In behalf of the state cannot
collect witness fees. according to the
decision today of the supreme court in
the case OF ]. w. Anderson. Topeka
police officer, against the board OF
county commissioners. For many
years the state has used the local po-
lfcemen as witnesses in liquor prose-
cutions and other cases where the
state was an interested party. NO
fees were paid the policemen for their
testimony and the police officers de-
cided to test the law.
The district court held for the coun-
ty board and refused to allow witness
fees to policemen. Today the supreme
court said that police officers salary
fully compensated him as witness
for the state" and affirmed the case.
Chilson Contract Is Binding.
John G. Chilson Of Topeka cannot
recover any of his late wife's estate
under the terms of an agreement which
he signed permitting the woman to will
her property to her children ana
grandchildren. Before her death Mrs.
Chilson made a will bequeathing all of
her property to relatives other than her
husband and the husband signed a con-
tract agreeing to the transaction. He
later sought to terminate the contract,
but the courts declare that he is bound
by his former agreement. The case
was appealed from the Shawnee dis
trict court.
Inheritance Tax Law Valid.
The Kansas inheritance tax law,
although repealed by the 1913 legis-
lature, is held valid by the Kansas
supreme court as to the estates of all
those who died before the law was
repealed.
Hattie NJ Cline of Montgomery
county refused to pay the inheritance
tax on property of which she had
charge. The state brought a suit to
collect the morey. Mrs. Cline main
tanned that the inheritance tax law
was a discrimination in that it levied
a tax on all those who inherited prop
erty exceeding $4,000 in value. The
court held that an inheritance tax
was not a tax upon property, but a
tax upon the right of succession,
upon the right to receive and not
upon the property nor upon the rignt
of disposal The state has absolute
authority to control the descent of
property and the inheritance tax is
in the nature OF an excise tax rather
than a property assessment.
The graduated scale Of the tax ac-
cori1ing to the value of the shares of
each heir is held to be valid.
Trespassing Order Of Value.
A man who deliberately walks
down the middle of a railroad track is
careless and II killed his relatives are
not entitled to damages. This was the
decision of the Kansas supreme court
today in the suit of Maggie Jones Of
Joplin against the Joplin & Pittsburg
Railway company. David Jones was
killed by a car of the interurban rail-
way company, and it was shown that
he had deliberately walked out be-
tween the rails of the company and
was walking along the track when
struck by the car.
Paroles In Courts.
When a judge Of any court in Kan
sas grants a parole to a man convict
ed, the parole runs cOncurrently with
the term of the sentence imposed.
supreme court today in the application
of w. H. Carroll and S. A. Welsh for q
writ OF habea& corpus to release them
from jail at Wichita Carroll and
Welsh were convicted of selling HQuor
and were paroled by the police judge.
Each was sentenced to six months in
Jail and to pay a fine. Each paid his
fine and was paroled from the Jail
sentence. Five months afterward
Carroll was caught selling liquor again
and his parole was revoked by the
police Judge. Eight months after be-
ing paroled, Welsh was caught selling
liquor again and his parole was re-
vOked. The supreme court held that
Carroll should serve his Jail sentence
as he broke his parole within the
period for which he had been SEN
fenced. Welsh was released as the
supreme court held that his parole
had expired with the six months SEN
tence- For many years 1t has been