The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-11-08

OF this state. she is precluded from
subsequently maintaining an action to
set aside that election. That was the
decision of the supreme court in the
case of Sarah J. West against Emil c.
West as administrator of the estate of
John West. The court reversed a de
cision from the Montgomery county
district court.
Sarah West obtained an allowance
from her deceased husbands estate on
the asserted ground that she was a
beneficiary of his will Later she
sought to set aside this election and
to claim her widows right under the
statute. The case was tried in the
Montgomery county district court and
Mrs. West won. Under an opinion
written by Justice Burch, the supreme
court holds that the widow is pre-
cluded from making two decisions as
to her position and cannot set aside
her original election in the probate
court.
MiIl<man Must Pay on Cows.
Merely because a city milk inspec-
ton department levies tax on the
number of cows owned by milk man
and not on the gross sales of milk in a
city, the milk man cannot evade pay
ment because his cows are kept be-
yond the limits of the city. That was
the judgment of the supreme court
today in UNFOLDING the milk ordinance
been attacked in a suit by A. r. Kagi.
Kagi sold milk to the residents of
the university town. When the city
passed an ordinance fixing an inspec-
tion tax 1t based the distribution of
tax on the number of cows owned by
each salesman, Kagi commended that
the license fee imposed taxed pro-
perty which was not within the limits
of the city. Since there was no show
ing that the tax was eXorbitant, or
Id too =
supervision, the supreme court held
that Kagf could not base claim of
unreasonable or illegitimate charge OF
the city's inspection. The decision
affirmed the judgment of the Doug
lasscounty district court.
Estate Must Pay Claim.
The states claim for care of an in
sane patient is not relinquished even
tho the patient were admitted to the
hospital II years ago ASIA ward of
the state. In affirming decision by
the Miami district county court the
supreme court today held that the
estate of James +. Johnston must pay
for his care and treatment.
Johnston was admitted to the Osa-
watomie hospital in 1902. At that
time he was SO years old and owned
no estate which could be pledged to
the state for his treatment. During
his stay at the hospital he was listed
as a public charge. When. Johns
toms father died in 1915 he left an
estate of 100000 divided among five
children. The state sought to collect
from the inmates executor its claim
for Johnston's board and treatment
The supreme court said today that the.
estate Is abundantly able to pay any
claim which the state has presented
and allowed the account in full.
Legislature Too Vague.
The supreme court indicated today
successfully used by the state legiS-
lature. 1t said the law makers failed
to make clear their meaning in writ
ing the workmen's compensation law.
The statement came in a decision in
the case of Lee Alice Boyd. a-PVidow,
against the ]. r. Grove Coal & Mining
company, appealed from Crawford
county.
+ at is practically impossible to de-
termine what the legislature in
tended" the court said. The court
then held that under the uncertain
wording of the statutes person who
is awarded a sum of money in INSTALL
ments may be forced to settle on a
lump sum basis with a 20 per cent
discount, if tender is made in six
months.
Orphan Wins Both Ways
Gladys Schrick is entitled to a
daughters share of the BeXers' estate,
according to an opinion today by the
supreme court which reversed the de-
cision of the Shawnee county district
court and remanded the action with
instructions to enter judgment for the
young woman. Gladys Schrick is a
daughter of Kyle B. Moore. who killed
his wife and himself in Topeka in
1905.
The girl in the case was adopted in
Joseph Beyers's home following her
orphanage. Later the girl was re-
turned to an orphans home, but the
adoption record was never cleared
She was later adopted in the Joseph
Schrick home in Leavenworth county.
When Beyers died the young woman
claimed a share of the estate. Her
claim was denied in the Shawnee
county district court. But the opinion
was reversed today by the supreme
court-thus leaving her eligible to
share in both the Beyers and Schrick
estates.
Lawyer Must Be on Job.
When a4r-attorney for a defendant
in criminal action fails to ask for a
Specific. instruction to the jury re-
Garding circumstantial evidence, he
loses recourse to the supreme court
on appeal to set aside a finding of
guilt on such evidence. That was the
decision of the supreme court in the
case of Bruce Woods. convicted in the
Morris county district court on =
charge of burglary in the first degree
and assault with intent to commit a
criminal offense against Mrs. Roy Nc
Vardle.