The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-01-07

been that an adopted child inherits
from a lineal ancestor. 1t has been
contended, tho, that such child can
not inherit from a collateral relative.
9TH rule elsewhere" says Justice Ma
son, appears to be contrary to that
| of Kansas, but this is largely, if not
wholly due to a difference of the stat
utory provisions affecting the matter
We see no reason under our
statue as we have construed it for
making a distinction between a child
by adoption and a child by birth with
respect to it's rights to inherit from any
source"
Noonan Goes Out.
| A. E. Noonan must give up his job
as county treasurer of Reno county.
| Noonan has recently completed two
terms as county treasurer and was not
candidate for reelection. Between
the election and the time the treas
urer takes office his successor died
and the county commissioners APP
pointed L. J. Atkinson as county
treasurer. Noonan declined to give
up his office on the ground that there
had to be another election to elect his
successor. The supreme court today
allowed a writ of mandamus brought
by Atkinson and directing Noonan to
turn over the office to Atkinson.
Rock CrusI1er Nuisance.
A rock crusher is a nuisance when
II Q1SIQrDS the OL d 4lOAiAS,
regardless of how scientifically the
rock crusher may be operated. This
was the decision of the Kansas SUI
preme court in the suit of Bush Gill
bert against the Davidson Construc-
ton Co., appealed from Wyandotte
county. The company built a rock
crusher so close to the Gilbert home
that it threw dust on to It and the dust
| penetrated to he interior and dam
aged the furniture and food. The
| lower court and supreme court both
held the crushe- to be a nuisance
when so close.
Consider Property Owners.
When an improvement by a pubic
utility is contemplated property
owners in the district are entitled TO
consideration as to the effect of such
work upon their property. The SUI
preme court today defined this rule
when it affirmed an injunction order
by the Sedgwick county district court
against the Wichita railroad and light
company.
Clara Updegraff Foulke secured a
restraining order against this COM
! pany when it planned to build loop
near her home. Such extension was
not covered by the company's fran
chase. neither had approval been
given by the city. The plaintiff
showed that the loop would dam the
water ana cause damage to her prop
y
contended that public convenience de-
manded the extension. The courts
held, however, that the rights of prop
erty owners must be given prior con-
sideration.
Judges Orders Stand.
One who exercises the powers and
duties of judge pro tenn under an
election by the bar and with the rec
| ognition and acquiescence of court Of
ficials, is de-facto judge and his Off
] cial acts are valid and binding, not
withstanding his failure to take the
oath of office as provided by statute.
/ This rule was defined by the supreme
court today in passing on orders by a
| temporary judge of the district court
in Hodgeman county.
| When Judge Foulks resigned some
months ago Governor Allen appointed
Roscoe H. Wilson as his successor
Wilson at the time was interested as
counsel in a number of cases pending
! in Hodgeman county. This relation
ship disqualified him to sit as Judge
The bar elected Judge Foulks to hear
cases IN which the new judge could
not sit. It was a formal matter and
1t appears Judge Foulks, in his tenn
porary capacity. did not take the oath
OF office. The question is raised in an
appeal from Hodgeman county in a
civil action. The supreme court holds
that Judge Foulks' action is legal and
binding.
Lawyer Is Liable.
An attorney who procures another
person to give bail for one of his
clients is liable TO the bondsman, ac-
cord1ng to one decision handed down
by the supreme court yesterday in an
trict court.