The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1920-03-06
Supreme Court UphOlds Shaw
nee Decision in Nixon Case.
Ii Husband Gets Raise, Ex-
Wife May Have More Balm.
COURT DISCOUNTS BOARD
Reyerses Shawnee. Mill Death
Compensation Judgment.
Holes in Kansas Recall Law
Need Plugging, Judges Say.


When compensation judgment is al
lowed parents for the death Of a
minor child because of such minors
earning power, the courts should con-
slider expense for board, was the de-
cision of the supreme court today
when 1t modified and reversed a de-
cision of the Shawnee county district
court in an action by Ira S. Slater and
Sarah Slater against the Ismert
Hincke Milling company.
Altman Slater, 16-year- son of
the plaintiffs, was killed while in the
employ of the milling company in To-
peka. His father worked in the same
mill. Each earned $17.45 a week.
Following the boys death, suit was
filed against the milling company I'M
der the compensation law. Judgment
was granted for $2,722.2O. In an APP
peal to the supreme court. the de-
PENDANT company asserted that allow
ance should have been made for the
boys board and maintenance. Conse-
quentiy the court made an allowance
for the three-year period of compen-
sation on the basis of SIS a week for
board. The boy lived at home and
gave his entire pay to his parents.
IF the boy had been paying his
board at some other place and giving
TO his parents what remained of his
earnings, that would be the extent of
his contribution toward their SUD-
ion reversing the trial court THE
case presents many distressing fea-
lures. but the defendant stands upon
the cold principles of the law and is
entitled to have the judgment modi-
fed"
law Needs Fixing.
Kansas has a recall provision in her
constitution by virtue of the election
of 1914. The supreme court today
pointed out, however. that the state
needs some new laws to plug the holes
in the provision. There is no statu-
elections in event of recalls. Conse-
quently recalls are of no effect.
Action was brought to enforce the
recall provision i'll the case of Peter
Deck, a Reno county commissioner. A
writ of mandamus was asked against
Reno county officials. The supreme
court did not go into the real issues
in the recall controversy. 1t merely
pointed out that until some provision
is made for calling of special elections
for choosing successors, that In effect,
at least. the recall is of no value in
Kansas.
The mandamus petition sought to
force Reno officials to call a special
election. The supreme court said
there was no legal provision for MAX
ing such a call and denied the appli-
cation.
Officials Not Liable.
Sedgwick county commissioners can
not be held personally liable for dam
ages to the Eberhardt Construction
company because contract for new
Jail was not carried out. The supreme
court today held that neglect of a
public officer to perform a public
duty can constitute an individual
wrong only when some person can
show that the performance thereof in
volved a duty owing TO himself as an
individual"
The construction company excavated
for the proposed building. prepared
materials and entered into a contract
for the work, but the bonds were not
approved and the work was not COM
Melted. The construction company
brought suit individually against the
commissioners. The court held thal
a public official could be held re-
sponsible only to the community as a
whole and that he was responsible tc
an individual or a corporation only II
by reason of non-performance' ne
has suffered a special and peculiar IN
jury" The decision of the SedgwlcR
county district court was affirmed.
just Like Income Tax.
husband does not lose the oblfga-
+ior, 10 support his wife by the grant
ing of a divorce. If his earning power
increases after the granting OF the
divorce, the former wife may OBTAIN
cision of the Kansas supreme court IN
the suit of Grace Nixon against Ira
Nixon. appealed from shawnee county,
Mrs Nixon was granted divorce anu
.-iven an allowance for alimony. Later
the high cost of living caused her Io
as1r for an increase in alimony. II
was developed that her former nus
hand had an increased earning power
The court held that as alimony Wa
allowable because of the obligation OF
the husband to support the WIRE as
suuned at the time OF marriage, all
monv could be increased by the tria
eve regard the prevailing practices
by which the husband, for whose Iaul
a divorce is granted, is required u
make provision for the future supper
of his wife, as in keeping with natura
Justice and the spirit and purpose
the statute" said the court
Court Protects a Promise
A person who promises her propert,
TO those who give her care during ne
old age, makes an agreement will
definite consideration and the promis'
must stand in the courts. This wa
the ruling of the Kansas sUprem'
court today in the suit of elizabeth
Thuey against Anton Donovan, ap
pealed from washington county. Mrs
Rosina Donovan lived with her daugh
ter. She owned a farm. on accoun
of her age she could not take care o
her property. and entrusted it to he
daughter and son-in-law. Her son
iIs-law made inquiry as to whether o
not the aged woman expected to con
tinue to live with him. and, II sc
what he would receive for her sup
port She said she intended to leav
her farm to her daughter. At he
death. her son. Anton, undertook I
obtain possession Of the farm, but tn
court held he was not entitled to Il.
Kansas City Hay Market.
Kansas City. No, March 6-Alfafa ha