The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-10-12
Decisions in 8 Shawnee Co.
Cases Handed Down Today.
Raub Must Extend Tax Levy
for High School.
NEWSPAPER LOSES A CASE
Carelessness in Reporting Name
Entities Woman to Damages.
James Davis Custer Suit Dis.
missed by Court.

The tax Ivy for the rural high
school maintained Jointly by school
districts in Shawnee and jefferson
counties must be levied by the coun-
ties
The supreme court today handed
down a decision granting a writ of
mandamus requiring Kenneth Raub.
county clerk of Shawnee county, to ex-
tend the tax levy for the rural high
school in the joint district. The court
did not write an opinion but directed
that the writ be issued at once SO that
the tax levy could be made and the
taxes collected this year.
Whitcomb Decision Upheld.
The supreme court today affirmed
the decision of Judge Whitcomb of
the second division of the Shawnee
county district court in the suit of
R. S. Magee against E. B. Snyder and
Ada Snyder. Many years ago Snyder
sold a restaurant and Magee signed
the note of the new owners. Later
Magee had to gay the note and upon
payment of part of it made an agree
ment whereby he was to be paid
part of any judgment that might be-
secured. Later judgment was Sc
cured and the money collected and
Magee brought this suit to get his
share.
Another Local Case.
The decision of Judge Whitcomb in
another case was affirmed by the
court 1t was the suit of Robert Nor
gan to recover alleged losses IN prop
erty under a surety bond written by
the American Surety company for the
guardian of Morgan's property. the
, lower court held that there was not
sufficient evidence to hold the surety
company for the loss of property.
Newspaper Loses Suit.
Newspaper reporters must De e1-
tremely careful to use the correct
names of people involved lin alleged
criminal actions or their paper may pc
held for damages for libel. This was
the decision of the Kansas supreme
court today in the suit of Minnie Hat
field against the Hutchinson Gazette
A reporter learned of raid on
rooming house made by an offlcer ana
wrote a story that Minnie Hatfield had
been arrested. He was careless in at
taching a name to one of the women
arrested and the paper was sued Tor
damages for libel. The lower court
refused to allow damages but the SUI
preme court held today. that the wo-
man was entitled to collect, reversed
| the decision of the lower court and
sent the case back to Reno county to
determine the amount she should be
allowed to collect. The court in eff
| feet held also that publishing a cor
rection did not relieve the paper from
the payment of damages. While the
publication Of an apology or retrac-
| ton might do so if it were demanded
| by the wronged person.
| Davis Suit Is Dismissed.
| The custer suit against James Da-
Wis, mayor of Leavenworth, was dis
missed by the supreme court today on
| a motion of the attorney general. The
| n
| drunkenness and improper conduct on
the part of the mayor. The mayor
| has resigned and there is no further
need of the custer suit.
Ostatter Denied Freedom.
| Abe Ostatter must remain in the
Kansas asylum for the dangerous in
| sane until the district court declares
that he has wholly recovered his right
mind. The supreme court denied an
| application for writ of ha beas corpus
to release Ostatter. He was prosecut-
| ed for the murder of Anna Cohen at
Hutchinson in 1914. He was acquitted
| of the murder on the ground of in
sanity and was sent to the asylum for
the dangerously insane.
Ousted Officer Wins.
A public officer who commits a
wrong act during his term of office
cannot be ousted from service on
second term because of this wrong
committed during his first term. This
was the decision of the supreme court
in the suit to GUST E. T. Henschel as
chief of police at Coffeyville. Dur
ing one term the chief of police tried
to prevent the arrest Of the driver of
the police motor car which the su-
preme court said was quite repre-
hensible but before the custer suit
could be brought Henschers term of
office had expired and he was reap
pointed. The lower court ousted him
from office but the supreme court
said that he could not be held guilty
during his second administration for