davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-11-16
LEGAL

10 entitled to recover reasonable and neces-
safy attorneys fles for the services of an
attorney in protecting the sheriff's IN
terests In personal property held under the
execution and In resisting actions against
He fs also entitled to recover his mileage
tees for the distances necessarily travelled
by him In performing his duty under the
execution, to recover the fees paid by him
for publication at notice of sale Of the
property under the execution, and 10 re-
cover the expenses Incurred by MIN In
D. The questions presented by the de-
tendants on their cross-appeal have been
dtsposed of In the determination of the
Questions presented by the plaintiffs.
All the justice concurring.
a true copy.
Attest: d. A. VALENTINE,
(SeaiD Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-11-16
Christian.

WEST SIDE, Underwood and Duane
Mrs, Clara Hassrig ssrI pastor M nr,cE
Evening service, THE Law and the Gospel
at 80 o'clock.
THIRD. Third and Lake, H. w. Wallace
pastor. Morning and evening service.
Congregational.
FIRST, Seventh and Harrison. Rev. A: E.
Gregory. Morning service at IL a. IN. aud
evening service at 80 p. m.
CENTRAL, Charles NJ. Sheldon, pastor.
Morning service at II a. M Reading "f
chapter 8 of "All the World" at 1880 p. In
Christian Science.
FIRST CHURCH OF CHRIST. SCIEN-
TlST. corner If Huntoon and Polk streets.
Services Sunday at IL a. III. and p. IN.
Subject of lesson sermon "Mortals and Ina-
mortals. Sunday school at 9:30 O'Clock.
Episcopal.
GRACE CATHEDRAL, The Very Rev, J.
T. de H. Kaye, dean. Holy communion,
1;so a, M Morning service. II a. IN.
are earnestly requested to attend the peJs c
service TO be held at Grace Cathedral On
sunday afternoon. The nurses are asked
TO be present IN uniform.
THE CHURCH OF THE GOOD SHEP-
HERD. Laurent and Quincy, The Rev g. r.
Hiatt in charge. Morning service IL a. IN.
THE CHURCH OF ST. SIMON THE
Cl KEENAN,. The Rev. Herbert Hawkins,
priest in charge. Holy communion 80
u. nj.
Lutheran.
FIRST ENGLISH, Fifth and Harrison.
Dr. c. w. Haggart Morning service, The
Church's Influence" evening service Pom
dering the Path"
Methodist.
WESLEYAN. Third and Jefferson. Rev.
T. j. Pomefoy. Morning service at IL
; An Appreciated Privilege" Even,
Ing service. An Important Elaboration.
TYLER STREET. Fifth and Tyler. Rev.
Louis Meyers. Morning and evening ser
vices.
Presbyterian.
FIRST, opposite west side Of Capifol
grounds. DIR. 5. S. Estey. Morning servi'e,
When the Boys Come Home"
REDEEM CHAPEL. Second and Monroe
J. w. Hart. pastor. Service at Z: 80 p. IN.
SECOND. Huntoon and Fillmore. w. NJ.
Jackson, pastor. Morning service, 1.-THE
Glory of Suffering" Evening service, 1.-The
Masters"
son. pastor. Morning service. Prayer as
Vital Force In War" Evening subject.
Some of the Lessons Have Learned from
the War"
EAST SIDE UNITED BRETHREN, Fifth
and Leland. X. C. Russell, minister. Morn
Ing and evening services.
FIRST EVANGELIcAhp Seventh and
Monroe, b. H Hobbs, pastor. Morning
FIRST UNITED BRETHREN. Twelfth
and and Quincy. =; II. Given pastor. Morning
splRiTuAL TEMPLE BUILDERS,
Fourth and Monroe. Lecture by ]. ii.
Fought. Messages. Mrs. Lord and 'Irs.
SWEDISH BAPTIST. c. A. segerstrom.
pastor. Meet at Summer school, Fourth and
western avenue Morning service at 10 30
o'clock. Evening service at 7:30 o'clock.
y, CENTRAL PARK CHRISTIAN Clifton
a =, Rash, pastor. Morning service at II
service service at 80 O'Clock, 1.-THE Unity of Chris,
rESTEcosrAL CHURCH OF THE
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-11-16
No. Fl, G1.
j. L. Kennedy, Appellee,

NO. S1,5O4.
|, j. L. Kennedy, Appellee,
L. q. Treleaven, Receiver Of the Con-
sumer's Light, Heat anil Power Company,
Corporation. Appellant.
Appeal from Shawnee County.
(ScOnd Diviston)
AFFIRMED.
syllabus. BY the Court Johnston, C. T.
. ]. The measure Of damages for the neg
hgent destruction of a building by fire
where there is no malice or willfui wrong
doing, Is the fair and reasonable value OF
ne s,l bu.ssainE at the time and place Of its
2. 70 arrive at the damages sustained,
where the building burned had NO market
value. HsOrt may be had to any facts
which fmriy tend to show its actual value
when 1t was destroyed, and a permissible
method OF proof 10 by showing the cost of
replacing the building less any deprecia-
ton from age. use utility or condition.
o. The cost OF property destroyed less q
deduction for deterioration is a proper ele-
ment FOR consideration in fixing Its value
In some cases, but where the building
burned had been erected more than twenty
ak years before the fires0ccurresi when the
cost of material and labor which entered
into 1t differed greatly from the present
cost OF the same, evidence of the original
cost u not essential.
4. No error 10 found In the instructions Of
the court and the evidence is deemed suf-
dcient to support the verdict.
All the justices eoncurEing.
true copy.
Attest: n. A. VALENTINE,
eSeai) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-11-16
No, 2l,555.
John W. Herman, Appellant.

No, q $50.
John W. Herman, Appellant.
VI.
Samuel g. Gardener, et al, Defendants,
Mary v. Anders0a, ct al, Appellees.
Appeal from Ftuney County.
AFFIRMED.
S-llabus ny the Court. Marshall J..
When 4 party to an action deliberately
puts himself In default. so far as he IN con
eerned the action may be tried and judy
ment may be rendered at any time there
after.
$ All justices eoncuHring.
Attest. ID. A. VALENTINE,
D.. (SeaIl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-11-16
No. q, 401.
May butcher, Appellant.

Arthur B. C. butcher, Appellee. !
Appeal from Shawpee County.
Second Division.
AFFIRMED.
Syllabus. By the Court Marshall, j.
1. Parties to an action in which q di-
vorce 10 granted and the care, custody; con-
troll, and education Of q minor child IL
given the plaintiff and alimony In given
her out of which she shah pay for the co.
ucation ef the child, may, after the decree
has been entered, make other arrange
ments for the support and education Of the
child, for the amount of alimODy to be
paid and for the times Of payment
All the Justice concurrinG.
A true copy. --,
Attest: n. A. VALENTINE
(Seal-l Clerk Supreme Courk
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-11-16
d. A. VALENTINE,
Clerk Supreme Court.

No. 21,s21.
The State of Kansas, Appellant,
The Crosby Brothers Mercantile Company.
Corporation, Appellee.
No. y 500.
The State of Kansas, Appellant,
The sperry & Hutchinson Company. a
c0rpof Hai u 81 appellee.
The State of Kansas, Appellant,
Vs.
The Surety Coupon Company. a Corpora
..,u ton, appellee u.
REVERSED.
Syllabus. By the Court. Dawson. J.
1. The informations charging defendants
with. violations of the act relating to the
mercantile transactions claws 1917, CHI. 3aD.
action against the several defendants.
2. The decision in The State Y. Wilson,
101 Kan: 7S9, 16S Pac. GO. that chapter 331
uonal act of the legislature is adhered to.
8. Debatable questions as, to the wisdom,
necessity, or propriety Of law and the OBJ
has been determined, should be addressed
to the legislature and not to the courts
:. T. 1t is unlawful for merchant. without
first having procured a license under chap
ter 331 of the Session Laws of 1917, to
issue and redeem trading stamps in con-
cept in conformity with the methods per-
mitted by the statute.
8. A merchant who has not procured a
license to issue and redeem trading stamps
in his mercantile transactions is guilty of
a misdemeanor when he issues such stamps
but limits their redemption to numbers of
LOO stamps and disSrfminates to the ex-
tent of twenty-five cents in the allowance
which he makes in their reden6ptiye value
in cash or merchandise.
6. A trading stamp company or a trading
coupon company which is not engaged
in mercantile business on its own account
but which furnishes trading stamps Nor
coupons for the use of merchants in deal
ing with their customers and which pre-
scribes the mode in which such merchants
shall distribute and redeem such stamps
or coupons and which mode does not con-
is engaged in business governed by the
trading stamp act, and where such bust
ness is undertaken without a license such
company is guilty Of misdemeanor.
All the justices concerning except Burch,
J., who did not sit.
A true copy.
Attest: n. A. VALENTINE,
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-11-16
LEGAL

clerk to place the same upon the tax roll,
are held to be directory, and the failure
vitiate the levy.
9. rural high school district which was
not organized until August 5. made a levy
of taxes for school purposes on the 18th of
September, which was duly certified to
the county clerk. Held. that 1t became his
duty to extend the levy upon the tax rolls
before the books were turned over to the
county treasurer for the collection of taxes.
All the justices concurrfng.
A true copy.
ATTEST: d. A. VALENTINE, s
(SeaI) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-11-16
LEGAL

County, 100 Kan. 4s7. 1856 Pac. 2s6 followed,
and held. that the introduction of the
record Of the report. survey and plat
placed the burden upon appellant to show
objections raised to the record are not suf-
ficient to >oyerturn the presumption of itf
validity.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-11-16


No. 81 ,919.
E. D. Scott, Trustee of the Bankrupt Estate
of Oliver R. Gillespie. Bankrupt Appellee.
Oliver r. Gillespie and Martha Morgan,
Appellants.
Appeal from Morris County.
AFFIRMED.
Syllabus. By the Court. West, j.
1. The trial court had jurisdiction to en-
terrain this suit by trustee in bankruptcy
to coDstrue a will under which the bank
rupt was claimed to be a devisee.
.. Under the following clause Of the will
devise to the wife life estate with power
of disposal, remainder to the children:
Second. All the residue and remainder
Of my estate, both real and personal, I
hereby give. bequeath and devise unto my
faithful and beloved wife, Rebecca j. Gill
lespie. to have, enjoy, sell or dispose of in
any manner she may see fit, OF in her
Judgment may conduce to interest or value
of said estate, or any portion of 1t; and
property she may die seized of shall then
be distributed among my children. share
and share alike. or If any of my said chill
dren shall then be dead, and leave chill
dren, then such grandchildren together
shall receive the one share their deceased
parent would have been entitled to If lfv-
ing. nh. ala r,,. +h.+ .h. dev,s. ., foo
may not be impaired by a subsequent con-
Trajectory provision. is qualified by the
modern rule that the intention as gathered
from all parts of the will must control.
AL the justices concufring.
A true copy.
Attest: d. A. VALENTINE,
lSeal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-11-16
No. 21.GG1.
Corn ]. Swader. Appellant,

The Kansas Flour Mills Compauv and n
W. Hoffman. Appellees
Appeal from Dickinson County.
Opinion on Petition TO Modify Opinion
Syllabus. BY the Court. Dawson J.
In section of the workmen's compensn-
tisn act. sec. $500 OF the General Statues
tboPized to take proceedings ngainst the
person causing his injury and also arairst
his employer. but providing that the VOL A.
man shall Dot BIZ entitled to recover both
damages and eomJien tiea, the word re.
cover" means to get" procure" obtains
and the like. and the provision CONCERNS
Itself with actual payment Of money a.
damages or compensation and il not limsf-
ed to the recovery sf judgments upon
which nothing may be realised.
All the justices eoncurring.
true copy.
Attest: d. A. VALENTINO
(SeaI.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-11-16
d. A. VALENTINE,
Clerk Supreme Court

No. n 55c
Oscar Meyer, Petitioner. Appellee,
VS.. n
Henry z. Christler and Fannie Christlcr,
Respondents. Appellants.
Appeal from Barton County.
AFFIRMED.
Syllabus. BY. the Court Burch. T.
The evidence examined, and held to gus
tain the Judgment Of the district court
awarding the custody of an infant to its
father.
All the justices concurring.
A true copy.
Attest; D. A. VALENTINE,
(SeaI.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-11-16

No. u $50.
The Atchfson. Topeka & Santa Fe Railway
Company. Appellant,
Vs.
The Board Of County Commissioners Of the
County of COwley. ct al, Appellees.
No. n 500
The Atchison. Topeka & Santa Fe Railway
Company. Appellant,
The Board Of County Commissioners of the
County of Cowiey. eft al, Appel1ees.
No. 21 ,G57.
B. F. Bush, Receiver, Appellant and
Appellee,
The Board of County Commissioners of
Cowley County. ct al. Appellees and
Appellants.
Appeal from Cowley County.
REVERSED.
Syllabus. Nv the Court Marshall T.
1. Chapter % of the LAWS of 1903. a
general law concerning the% erection Of
county buildings, authorized the board of
county commissioners of CowIey county to
appropriate $4,000 for the completion of
a court house and a Jail that the commits
sioners of that county had commenced to
build under chapter 1914 of the Laws of
1905. q special act authorizing the COM
missioners of that county to erect those
buildings and TO levy tax therefor.
p Payment of taxes levied under a law
authorizing the county commissioners to
build a court house and jail<on a certain
public square, cannot be successfully re-
sisted Tor If paid under protest. cannot he
feeoveretl) on the ground that the Jail
was not built on that square but was built
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-11-16
No. 2, a4O.
F. NJ. Hartnan. Appellant,

No. p 30.
F. NJ. Hartnan. Appellant,
John Baldwin, ct al, Appellees.
Appeal from Douglas County.
AFFIRMED.
Syllabus. BY the Court. West, j.
1. Under the hedge law Is 1926 Gen.
Stat. 1870 the road Overseer has NO right
to cut hedge after having given the own-
er only % days notice to cut it.
9. The evidence examined and held suf-
ficient TO warrant the finding that tie
hedge law was adopted by the electors OF
Douglas county.
g. Under Section 307 Of the Civil Cole
the trial court did not err in setting aside
the verdict. granting a new trial on two
of the issues only. and ordering that the
other facts found by the jury stand rs
the established facts in the case.
All the Justices concurring.
A true cory.
Attest: d. p. VALENTINE,
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-11-16
No. 81, 925.
The State of Kansas, Appellee,

Josie Dunkerton. Appellant.
Appeal from Montgomery County.
AFFIRMED.
Syllabus. BY the Court. Burch, J.
The act establishing az state industrial
farm and providing for detention there
of females above the age of eighteen years
convicted of criminal Offenses Claws 1917
ch. 29S), does not forbid the assessment
of fine when the statutory penalty, for
the offense embraces fine as well as deten.
ton.
Alf~the justices concurring.
A true copy.
Attest:. D. A. VALENTINE,
tSeal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-11-16

jeff Mutt. the comedian, bumped
into waiter in cafe last night and
caused him to spoil lot of dishes
Later Jeff was heard telling how he
tipped the waiter,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-11-16
CHURCH NOTICES

These notices must be IN the State
Journal office by o'clock on Friday at
ternO0- Unless otherwise noted in this
column ervices will be held at II O'Clock
in the morning and 1880 O'Clock 10 the
eveEinE.)
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-11-16
No. 21.1&.
7. Lamb, Appellee,

No. 21.16S.
q. W. Lamb. Appellee,
VS..
O. A. Lemon, Line E. Lemon, as Admins
tratrix Of the estate of o. A. Lemon
deceased; Appellant saha Hooks County.
AFFIRMED.
Syllabus. BY the Court. Mason. J..
In ltiSatien ever the fisnt Of pRansff
who claims under a lease which NJ nss.rts
was made to him by the owners agent.
who is the defendant in the case, to snow
the fact OF agency by the unsworn deciara-
lions of the alleged agent. notwith standing
the defendant claims under later tease
Instructions given held not to te-
Ali the justices cdncurring.
eseai) CLERK supreme cour.
No. 1.1s4.
p D. Brown, (Revived in the name OF
Ed. f. Madden. Asssignee.) Appellant.
Amelia s,aab. A. P, Stab, Ambrose .st..b.
kate staab. Jacob staaab. Jr.. and Mary
Appeal from Ellis County.
1. minor. twenty years old. executed
in one year from date. A year after lie
attained his majority, he refused requcst
to sign the note sGain Held. that THIS th va
struments executed during his minority.
2. In an action to foreclose the note
and mortgage more than five years after
he had attained his majority, he filed IN
answer pleading his minority at the time
of the execution and electing to disaffirm
the contract. Held. that the disaffirmance
was not within a reasonable time under
the provisions of section 635S Gen. Stat.
1915, which declare that a minor Is bound
not only by contracts for necessariea but
also by his other contracts, unless he dis
affirms within reasonable time after he
attains his majority.
8. In an action Of foreclosure, held, IN
the undisputed facts, plaintiff was entitled
to recover the fun amount Of the notes AID
mortgages less payments thereon.
4. Where father and two sons execute
note md mortgage on their interest in
real estate, the life estate of which is
vested in the father with remainder over 70
the sons. and each is liable equally on the
note, the three may pledge the estate as an
entirety by their joint mortgage.
All the justices concurring.
true copy.
Attest: D. A. VALENTINE,
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-11-16

NAZARENE. Eleventh and Buchanan
streets, Joseph N. Speakes, pastor. Morn
ing service at IL O'Clock. Evening serytce
at 30 O'clock
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-11-16
No. q, 2TG.
J. c. ireland Appellant,


The Linn County Bank. ct al. Appeilees.
Appeal from Linn County.
REVERSED.
Syllabus. By the Court. Marshall, J..
!. Where a sheriff has been indenfni-
fled against all costs and damages that he
may sustain by reason Of levying an ex-
ecution on certain personal property and
judgment is rendered against him for la
bilities growing out OF the levy, that
judgment, in an action brought by tine
sheriff against his indemnitors, is oply
prlms facie evidence that the sheriff nss
been damaged in the amount named thee
In. where the sheriff did not notify tn IN
of the action against him nor ask them
to assist in the defense thereof.
9. 1t II the duty of an execution cred
tier, who has Unidentified the sheriff. to
give the sheriff Instructions as to how he
shall proceed when he asks for such in
structions; and when the execution creditor
fails or refuses to give such instructions,
the sheriff. acting In good faith, may pro-
coed according to his hest Judgment, and
the tndemnitor will be liable to the SHERIFF
for the damage efterward sustained by
him. :
3. sheriff, who has. under an ex.eu-
ton levied on personal property which. IN
the return day. remains In his hands un-
sold for want of bidders, for want Of Zine
to advertise and sen, or for any other
reasonable cause. may sell that property
after the return day of the executions
f. sheriff who has been Unidentified
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-11-16

No. 2167c.
Jacob Kessler, Appellant,
w. G. Frost, ct al. Appeilees.
John L. Douglas. Appellant,
w. G, Frost, ct al. Appellees-
J. G. Wilson, Appellant,
W. G. Frost, ct al. Appeileea
Appeal from Woodson County.
AFFIRMED.
Syllabus. By the Court. West, =.
/. Creditors whose claims We're not
holding certain money Of the defendants,
the proceeds Of a mortgage on their home
steady placed thereon for the purpose OF
paving Indebtedness incurred for the era'-
ton OF improvements heretofore placed on
such homestead. Held, that the fund was
exempt from the claims Of the plaintiffs
q On the bearing Of motion 10 GUS
" denied the plaintiffs request for jury.
All the Justices concurring.
Attest; D. A. VALENTINE.
(Seail Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-11-16
n. A. VALENTINE,
Clerk Supreme Court.

No. 2O,9Ss.
Edna Kemp and d. q. Holbert. Appellants,
The Barr O., 81. ct al, Appe,le...
Appeal from Montgomery County.
syllabus. BY the Court. Marshall, J.
1. Under the terms of the lease set out in
the opinion, the lessee has the right to
operate 4 gas well that was ON the leased
lease.
2. The demurrer to the evidence on the
second count Of the amended petition was
All the justices concurring.
Attest: q. A. VALENTINE.
(Seal) Clerk Supreme Court.
No. 21,A.
doing business under the firm name Of
s. Doiman Son. Appellants.
Kaw Construction Company. a Corpora
AppssifHr1 TrI RGSf!n: County
Syllabus. By tine Court. Porter, J.
/. A finding that the parties, before the
action a was brought, had arrived At full
stated" Is held to be sustained By the owl.
2. Where the account j. stated in writing,
the law implies an agreement to pay: the
time when there must be an agreement, ex-
balance. is when the settlement is agreed
upon
3. The debtor cannot destroy the legal
effect Of a stated account by refusal to pay
Mt a subsequent time: and ON the other
hand, neither can the creditor avoid It's eff
feet by refusing to accept the >amouAt as
the balance due; nor avoid the force and
] legal effect of the settlement on the ground
! Of some new disagreement with the debtor.
:. On the facts stated in the opinion,
held. that the chief engineer and the gem
eral manager of q railway construction
company, which wus the debtor, had au-
thority to make a settlement which It Is
held embraced all the essential elements
Of stated account.
All the justices concurring.
a true copy. -
Attest: u. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-11-16
No. 21,55J.
George Breeheisen, Jr., Appellant,

No 21,JjO.
George Breeheisen. st.. Appellant. !
CIV: Clark. Ct al. Appellee.. \
Appeal from Shawnee County.
AFFIRMED.
Syllabus. BY the Court. Dawson. J:
1. Ruie followed that a verdict and
judgment supported by sufficient and
on appeal merely because that testimony
may have been somewhat shaken and dis
creSited through the c.oss-exainination or
Rule ' foll s a that the R law favors :as
diligent creditor.
5. A debtor in falling circumstances may
as that creditor receiver such prefsrment
In payment for bona fide pre-existing in
de6tedness: having given ADEQUATE consid-
mits 40 fraud on other creditors;
and It is immateriai that the
satisfaction Of her due may result IN
jndice Of other creditors: and the motives
of the debtor in preferring her to other
creditors. although she may be aware Of
tor does nothing to create those motives
and acts solely to obtain fair satisfaction
Of what is Justly due her. following Nc
Renaeav G PoWe, 20 2! k Kan Fac az
Haste v. Connor,, 53 Kan; f1s. q Pas. 12s;
Gilmore Swisher, 50 Kan. 1I2, 50 Pac.
Pac. 1913.
4. A transfer of realty in this state may
be made directly from spouse to spouse.
an Intermediate transfer of the property to
latter il sufficiently established.
stances. no error arises from the fact that
the Jury were held to their task for forty
hours before they reached a verdict
All the justices concurring.
Attest: d. A. VALENTINE.
(Heal) Clerk Supreme Court