The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-01-06
Sweet Cider Merchants Do Not
Come Under Head.
Those Who Sell sBOOZe" on Sly
Are BOOtleggers.
CARDWELL LOSES HIS SUIT
He Must Pay $343.11 for a
Fraudulent Deal.
No New Trial in Arkansas City
Election Case.

The Kansas supreme court today
gave an official definition of a boot
logger in a case appealed from Leb-
anon, Smith county. The opinion was
written by Justice John Dawson in
case involving an occupation tax lev
led by the town council. Carl A
Scriven, who sold pure sweet cider.
objected when he found that the coun-
Gil had levied a tax of $3.50 year on
his occupation ito keep the bootleg
gers away The court upheld
Scriven.
The ordinance was drawn to keep
the cider traffic out of the hands of
bootleggers. The court defined boot
logger as "a person who sells intoXi-
eating liquors on the sly, not from any
particular business location, but carry
ing his ware in his bootleg, in his
pockets, or keeping them in some fit
ting hole-in-the-wan of easy access
to himself and provokingly hard of
discovery to the officers of the law.
When such a person establishes him
self in a definite place of business,
where by skilful legerdemain he can
sell or pretend to sell the innocent
juice of the apple as well as beer
both near and 'far'-and other in
toxicants, the niceties of the Kansas
language designate him as a .jointist
and no longer in the mere plebeian
class of 'bootleggers.' - Scriven wins
his suit.
Cardwen Must Pay.
The supreme court sustained the de-
cision of the first division of the
Shawnee county district court in hold
ing that NJ. w. Cardwell must pay
Charles L. Geiger $345.11 for fraud
L. -
the Topeka Grain and Elevator COM
pany The property was sold to
Geiger for S15,940.
In making the deal Cardwell repre-
sented that corn purchases at a stipu-
lated price amounted to $500 bushels.
contracts for the purchase of 1854
bushels of corn. He sued for $573.ss.
The courts gave him $343.11.
Must Pay for Delays.
The supreme court today upheld the
decision of the first division of the
Shawnee county district court in de-
claring the Erie railroad must pay
losses on a carload of chickens delayed
in delivery to market. The suit was
brought by the Stewart Poultry COM
pany as the result of a shipment from
Winfield, Kan, to New York City.
The shipment arrived in New York
on THURSDAY day after the
u.
market until the following week and
the market slumped from II cents to
IA y cents a pound. The plaintiff sued
for the difference in market price, plus
cost of feed. Service was secured
thru attachment of an empty car in
the Topeka yards.
Can Retain Compensation Money.
A man who is injured in the course
of his employment by a manufacturing
company and is paid compensation I'M
der the workingmen's compensation
law, IS entitled to the money even tho
he is afterward able to carry on
business of his own. This was a de-
the suit of Warren L. Moore against
the Peet Brothers Manufacturing
company, appealed from Wyandotte
county.
Moore was injured three years ago
and was given s2,71O under the work
ingmen's compensation act. A year
later, the attorneys for Peet Brothers
discovered that Moore was conducting
a cleaning business and was making
$12 to SIS a week 1t was urged that
the permanent total disability for
which compensation was allowed had
titled to the money given under the
compensation law. The district court
and the supreme court both denied the
contention of the corporation.
No Relief for Hanson
John F. Hanson of Mcpherson, ac-
tive insa nifty lawyer, was today denied
a new trial by the supreme court I'M
der the courts recent action in hold
ing the lawyer to be in contempt of
court. Following the citation for con-
tempt, the court denied to Hanson
the right to practice before the court
Hanson sought to be reinstated and
asked for rehearing of the case The
court refused to consider the matter
further and today denied the appIica-
ton for a review of the case
Denies Gibson New Trial.
The supreme court today denied a
new trial in the Hunt-Gibson mayor
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