The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-06-08
Shawnee Co. District Court Up.
held in StrattOn Case.
Jury Can Visit Scene of Crime
without Defendant.
TAX DECISION HANDED Down
Kansans Who Spend Winters
Away Must Pay Taxes Here.
Money Invested in Another
State, However, Not Taxable.

Kansas courts do not coInriit "
yersibie error when they refuse 10
permit a defendant in a felony case
to accompany the jury to the scene Oh
the crime That was the decision OF
the state supreme court today IN AZ
frming a ruling of the second DIVISION
of the Shawnee county district court
in the case of the state against d. w.
Stratton. The defendant was tried
and convicted of arson.
According to the claims OF the
state, Stratton set fire to a dweinhs
in Auburndale for the purpose Oh oe-
frauding the insurance company Ia
the collection of policy. Durlhs III
trial of the case, the state noNeu "
send the jury to the scene OF tne II
formation concerning the location OIL
the property and be aided in apply
ing evidence offered in the trial. Inc
coirt sent the Jury to Auburndale IN
charge of the sheriff
Didn't Send Defendant.
ATTORNEYS for the defendant alleged
that the court committed reVersloio
errors in not sending Stratton TO Inc
scene of the fire with the jury Inc
cl;.im was based upon the general stat
utes providing that in a trial lot
fe.ony, the defendant shall be pres
ent at all times during the trial. Inc
supreme court held that this provl-
sion did not a. ply in the visit OF tne
Jury to Auburndale, since no witnesses
were examined and no new evidence
offered in the case in the defendant
absence. For that reason the verdict
of the Jury holding Stratton guilty OF
arson was affirmed. The prosecution
WIS based on evidence secured by L.
T. F.uesey. state fire marshal
Frost Loses Again.
The supreme court today affirmed
n ruling by the first division of the
Shawnee county district court in the
suit brought against the city of To-
l., IA I:y ]. G.. Frost as father and neat
friend of James Frost. minor. Young
Frost was injured by the explosion or
a dynamite cap which had been left
by workmen upon the grounds OF
new detention hospital.
EeTligence on the part OF the city
and its contractors was alleged in the
suit for damages. Following the in
troduct on of evidence by Frost, at
torneys for the city filed a motion for
judgment upon the plaintiffs evidence
Th motion was sustained and the
CT; dismissed. The supreme court
today upheld the action of the trial
court
Must Pay Taxes Here.
man who spends his winters in
C-4-fornia and his summers in Kansas
a:-u ret MS desk and safe for the de-
post of his personal papers and prop
cray. is resident of Kansas and must
pay taxes on personal property which
he may own. This was the decision of
the Kansas supreme court in the suit
of Robert Boyd against the board of
county commissioners of Pawnee
county
Eoyd owned notes and mortgages
valued at s143,S65, which he kept in
safe in his office in Larned. For
some years he had been closing up his
residence at Larned and going to Cali
fornla to spend the winter, returning
to Larned for the summer. He lived
in furnished apartment when in CAL
ifornia. The supreme court upheld the
Pawnee county district court in it's or
der that the notes and mortgages held
by Boyd should be taxed.
resident of Kansas. who sends his
money to another state for investment,
however. does not have to pay taxes
in this state, according to another de-
cision of the supreme court in a suit
of w. r. Buck against the county COM
missioners of Miami county. Buck
lived In Miami county but sent his
money to a Kansas City investment
company, which handled all the bust
Eess connected with the investment
and kept the securities in it's possess
sion. simply paying tC Buck the prof
its. The court held that the residence
of the securities was in Missouri and
that the money should not be taxed
in Kansas.
Husband Can't Get Title.
A husband is not permitted in Kan
sas to acquire valid tax title to his
wife's real estate. under a decision of
the supreme court in the suit of Agnes
r. .Croner against Christopher Keef-
er, J. c. Basor and others, appealed
cd some land to his wife and later
paid up the defaulted taxes and took
a tax deed to the land which his wife
owned. The supreme court held that
the relationship of husband and wife
is SO intimate and confidential that a
husband cannot obtain a valid title to
property in this manner.
May Combine Issues.
Kansas towns may vote bonds for a
combined light and water plant with
out a separate bond issue covering
each class of municipal utility. This
was the decision of the supreme court
today in the suit of j. H. Loe against
city of Palco, appealed from Rocks
county. Loe brought suit to pre-
vent the city issuing bonds for a COM
bined water and light plant on the
grounds that the bond proposition was
dual matter and that the taxpayers
should be entitled to vote on each
proposition separately. The supreme
court in deciding against Loe simpli-
fled municipal improvement work in
Kansas to a considerable extent by
csta blishing the rule that water and
light are similar important municipal
improvements and can be handled as
one proposition.
Railroad Wins Case.
The supreme court today reversed a
Judgment by Cherokee county Jury
In favor of James Morris and wife
for the killing of their 2-year-old child
by a Frisco train. The child was
walking along the tracks when killed
In deciding the case today the SUI
preme court held that the engine crew
had no more reason to anticipate
the presence OF children on the track
than OF adults and the company owed
no higher duty to the child until its
DANGER was discovered than IL it had
how an admit"
Children returning home from
school frequently crossed the railroad
tracks near the scene of the accident