The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-08
J0LTS The P. U. C.

USED Dy the Qe1onQanI
crossed the sidewalk at the point
where the accident occurred and that
condition of the walk was due to the
heavy traffic. While the city was
held liable for permitting the side
walk to remain in a defective cOndi-
ton, the sash and door company was
held responsible for its damage AS
a consequence the defendant company
must pay the judgment against the
city
County Must Aid.
Because a county superintendent
disagreed with the directors of ,
school district on the hiring OF
school teacher, is no excuse for shut
ting the children of an entire county
away from high school privileges.
District No. 4, Stanton county, had
high school. The county superinten-
dent thought the school should have
better teachers than had been hired
and suggested one at $3.50 month,
and proposed to make the county aid
the district with enough money to pay
the bills. The school board thought
an SIS teacher was good enough
When it refused to hire the higher
priced teacher, Elan Hilty. county
superintendent, refused to allow the
county to pay the county aid. A writ
of mandamus to compel county aid
was allowed by the supreme court
today.
Decides Will Case.
When T. ]. Collins, a well to do
farmer of Anderson county, wrote the
eleventh item of his will to read, Il
give, devise and bequeath to the Old
Ladies' Home of Leavenworth. Kansas,
the sum of $4,000" he did not intend
it for the William Small Memorial
Home for Aged Women, the Kansas
supreme court ruled today. The SUI
preme court affirmed the decision of
the lower court.
Collins was a rich Catholic. His
wifes chum was a nurse at Catholic
hospital in LeavenwOrth, that general
ly was known in his community as the
"Old Ladies' Home" When he died
he inserted the foregoing provision in
his will. After his death the question
was raised as to whom he had intend
ed to be the beneficiary. Then the
William Small Memorial Home sued
to get the $4,000. State Senator Noah
Bowman represented the estate, and
won in the district court. Now the
supreme court has upheld the lower.
The court did not attempt to say what
institution was meant by the term
used.
Must Use Due Caution.
A person who alights from a street
car while in motion, passes around
the rear of the car, and is injured by a
car moving in the opposite direction
on the other track, is guilty of con-
tributOry negligence. and is not enti-
tied to recover damages from the COM
pany This opinion was given by the
state supreme court today in reserving
an appeal from the Reno county dis
trict court, in the case of Frank Gal
lOway against the Hutchinson Inter-
urban Railway company.
Decides Near Beer Case.
The Kansas supreme court held to-
day, in denying the application of Ed
McKenna of Newton for writ of ha-
Kansas an information charging I'M
lawful sale of certain liquids with
out charging they were intoxicating
does not state an offense. However,
the opinion stated, it was assumed that
the Harvey county district will not
hesitate to quash the information
against Mckenna on proper informa-
ton. If the information is not then
amended, McKenna should be dis
charged.
McKenna was arrested in Newton
last October. on warrant charging
the sale of a liquor known as Temp
Brew" which looked like, foamed
AXE, smelled like, but didn't taste like,
beer. He drew it from a cask resem-
bling a beer key, into a glass that re-
sembled a schooner.
Should Move His House
Buggies and wagons left in the
street in front of a livery stable and
resident to the street is not a public
nuisance, according to the decision
of the supreme court in a suit of II.
c. Dryden against J. n. Purdy, appeal
from Neosho county.
Purdy kept a livery stable and left
his wagons and buggies in the street,
when his barn was crowded Dryden
lived next door and said he could not
sit on the front porch and see up
the street when the wagons were left
- HI lot
court granted an injunction against
Purdy, but the supreme court reversed
it and held that the wagons were not
a public nuisance.
Upsets Cattle Speculation.
The Kansas supreme court knocked
out today a long time practice that
has been of great convenience to the
livestock interests of the state. The
court held against the practice of the
railroads of allowing cattle to be stop
ped in transit ''to test the market
For many years cattlemen would
ship stock from southwest Kansas and
Oklahoma up to the big grazing and
feeding district in the central part of
the state. The shipments would be
billed through to the final destination,
but with the privilege of stopping the
shipment at Wichita or some other
market to sec what offers would be
made for the stock. In the suit of A
B. MoIlohan against the Santa F'e
railroad, the Marion county district
court was reversed and the practice
of the railroads was declared Illegal
and discriminatory and was ordered
stopped.
Sunday Doesn't Count.
Under the terms of a life insurance
policy giving thirty days grace in the
payment of premiums and the last day
of grace falls on Sunday, the insured
has the following day on which to
make the payment This was the opin-
ION handed down by the supreme
cnurt in affirming an appeal of Kath-
crime Iightner against the Pruden-
tial Life Insurance company OF
America The appeal came from the
Wyandotte county district court.
Must Support His Children.
The granting of a decree of divorce
does not remove from the father the