The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-01-08
Ernest Deitz Wins Suit For
Possession of Ford.
Douglas County Auto Row Set
tied by Supreme Court.
DECIDE FIRE INSURANCE CASE
Companies Operating In State
Not Subject To Double Taxes. :.
Court Decides $4,000 Is Too
Much For Broken Ankle.

Ford and giving $3.50 to boot caused
family row between August Deitz,
of Douglas county. and his son, Ernest
Deitz, in which they went to court and
carried their scrap to the Kansas SUI
preme court where ''son licked dad"
Ernest Deitz owned an automobile
which he wished to trade for Ford,
but he was compelled to put up $3.50
to boot in order to consummate the
trade. He did not have the money but
his father gave his note for it with
the understanding that the boy was to
work for him until he had satisfied
the debt. The father afterwards paid
the note, but during the harvest sea-
son he decided that his son was neg
lecting his work in order to ride
around over the country in the car and
took it away from the son. Then the
son went into the district court and
got a judgment giving him possession
of the flivver. But the father was
''sot' on his not having it and appealed
to the supreme court, where the YER
dict of the lower court was affirmed.
and it was held that 1.-The father could
MT take the car away from the boy
because he didn't work hard enough, or
because he didn't work as long as he
had hoped he would"
Must Not Pay Double Tax.
Fire insurance companies operating
in Kansas will not be required to pay
double taxation on the premiums col
lected on the business in this state.
The supreme court today refused to
grant a writ of mandamus to compel
the superintendent of insurance to
turn into the state treasury about S70,-
goo in insurance taxes paid to him un-
der protest. For many years the fire
l.. n o.
| large risks would reinsure a part of
the business in other companies, pay
l. ing the usual premium. The state law
provides a tax of 2 per cent onl all
| premiums and until this year this tax
has been collected on the original pre-
MUM and also on the reinsurance pre-
MUM The insurance companies paid
the reinsurance premium tax this year
under protest and a suit was brought
to test the law on the question of dou-
bic taxation. The decision was in favor
of the insurance companies.
Pretty But Too Expensive.
| A verdict of $4,000 for a broken
was that of a woman. This was the
decision of the Kansas supreme court
! in modifying decision or the Marion
county district court in which Norma
! Graham was given a verdict for S!o.-
/ 900 damages as a result of having her
| team run away after it had become
scared at a motor car, "the modern
substitute for hand car" which
gang of Santa Fe section workers had
left standing on the roadside The
! Judgment was reduced to $4,000.
| UphOlds 7. b. Law.
The law requiring county commits
sioners to pay one-half of the face
value of cattle infected with tubercu-
| losis was upheld today by the supreme
court. The validity of the act was
questioned in an action brought by C.
M. Albright against the Douglas coun-
ty commissioners The court held that
| either a veterinary inspector from the
federal bureau of animal husbandry
or deputy employed by the state live
| stock sanitary commissioner may IN
| Spect cattle for tubercular Infection
| Albright contended that the inspec-
tion must be made by the livestock
commissioner himself
| Overrules Laws of Solomon.
| The Kansas supreme court. and the
| district court of Sedgwick county. sit
! ting in judgment upon the custody of
a baby, declined to follow the laws of
| Solomon and held that neither of the
| contestants should have the child.
The courts held that childless wild
| over So years old and a maiden lady
SO years old, both rich. and both OF
good character. were not properly
tuualified to rear a baby girl. The
district court broke the heart" of
both and sent the child to entirely diff
ferent people for care. The supreme
court affirmed the decision of the low
er court.
adopted 4 deserted baby in a Califor-
MIA hospital and brought the child to
! Wichita. When the baby was three
years old the foSter mother died. Her
husband undertook to care for the
child and a sister of Mrs Cook, Miss
! 7 M.(S SoI 80 6ev-<r To ~ r.
minister to the child's welfare while
she was living in the same home as
Thousekeeper for Cook. The two people
quarreled more or less over the rear
ing of the baby and the case finally
4 got into court to determine which
child. the courts held that neither
could properly mother" a baby gir
and sent her to another home where
she would have a mothers attention.
i Bar to Reservations.
When two parties agree to the sell
ing price of a tract of real estate such
a contract cannot be enforced if a res
. ervation is made one without con
/ sent of the other. That was the de-
cision of the supreme court today ir
affirming judgment of the Gray
county district court in a suit brought
by Helen j. c. Bogigian and her hus
band. Hagop Bogigian against ]. NJ
| Wallace and Mrs. Bogigian negoti
ated by mail and telegraph for th'
/ transfer of tract of land in Ora!
, county. They finally agreed as to th'
purchase price The deed was to b.
. sent to bank in Garden City. Wher
it arrived it contained a fifteen yea
reservation of oil and mineral rights
The prospective purchaser interposes
a reservation assuming all minera
rights with purchase.
1&<.<l of n
ference and the Gray county distric
icourt held the reservations destroys
the contract and refused to order it
if,0orinued m PAGE TWo.I