The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-04-08
SUPREME COURT

tContinued from Page Onel
Inspector, will get the $500 car fare
allowed him by special appropriation
of the legislature but refused by w. E.
Davis, state auditor. The supreme
court today refused a rehearing in the
case, which was asked by S. NJ. Brew
ster, attorney general.
Can't Issue Warrants.
Boards of commissioners in Kansas
counties have no power to issue county
warrants for the payment of current
expenses in excess of the revenues to
be derived from the general tax levy
to meet such expenses and cannot Is
sue warrants in any one year to be
redeemed by anticipating and impair
ing the revenues of succeeding years.
This was a decision of the Kansas SUI
preme court today in a denial of a writ
of mandamus against the county
treasurer of LeavenWOrth county
which was brought by the Leaven-
worth National bank to compel the
treasurer to pay certain county war;
rants. The court also decreed that the
FISCAL year in counties could not be
changed to serve the temporary finan-
cial convenience of the county.
! Warrants issued in excess of the
general maximum revenue fund for
| the current fiscal year may be paid
! either by the slow collection of delin-
| quent taxes and miscellaneous items
or by application to the legislature
and obtaining its sanction authorizing
their payment out Of the later general
revenues of the county.
Block Habeas Corpus Writs.
The supreme court today sat on the
! simple method of securing release of
beer wagon drivers through the is
suance of writs of habeas corpus. tn.
courts ruling came in an order setting
aside a writ issued by the Wyandotte
] IN aT-faIa hi Cl1 M
the release of Clay Miller, charged
with violation of a Kansas City, Kan
sas, ordinance.
Miller was in Jail and waiting for
trial in the district court. An appli-
cation for a writ of habeas corpus was
filed in the probate court. The writ
was granted and Miller was ordered
| released. An appeal was taken to the
district court and the action of the
probate court was upheld. The city
then went to the supreme court with
it's troubles. That tribunal today put
the skids under a favorite legal pas
time.
Miller was charged with the sale of
beer from wagons driven into Kansas
from the Missouri side. The court
held that Miller should have been
tried in the police court and that the
writ was not issued in accordance
with the spirit of the law. The decision
does not go as to the validity of the
beer wagon ordinance. 1t merely
blocks the process of securing release
of beer wagon drivers to prevent their
trial in the police court.
Responsibility on Defendants.
There is evidence of undue influ-
ence, the supreme court held today
when three brothers secure all of the
property from their mothers estate
and a sister is left in the cold. To set
aside this impression. the brothers
must produce evidence to show that
influence was not brought to bear in
the making of a will.
Kate B. Coblentz of Reno county
! brought suit against David Pulitzer and
two other brothers to set aside the
will of her mother who died several
years ago. The mothers will, made
three days before her death, left al
her property to her three sons. The
daughter received nothing. Mrs. Cob.
lentz brought suit for a share of the
estate. The lower court and the SUI
, preme court decided in the woman's
favor, because of admissions of hos.
tility on the part of the brothers to-
ward their sister.
Must Pay Taxes.
Bishop S. H. GriswoId of Saline
, county, today lost his suit in the su.
preme court to exempt his home from
taxation. The court held that bishoI
or presiding officer over a diocese OF
> OAoAA III AiAhSI pS tuS dcludl pQSlOT OIL
/ church to save his home from taxa.
ton.
Bishop Griswold is bishop of tbs
! Salina diocese of the Episcopal church
, When the assessors reported BishoI
Griswold'S home for taxation, it wa.
held that the property belonged to ths
: church and was exempt. Both the
Saline county district court and thu
supreme court held against the Bishop
, The court decided that the church
, could not plead an exemption both t.
! the home of the pastor of the loca
+ church and the home of the bishop
! Consequently the bishop must pay.