The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-02-11
Supreme Court Hands Down
Decision in OberheIman Case.
New Trial Is Denied to Abra-
ham Wallace.
HANGING MEANS SUICIDE
EmpIOye Doesn't Lose Rights
When Notice Is Sent.
COnstitutiOnality of New Court
House Law Is Upheld.

JOhn F. OberhcIman must SEND MS
daughter to school in the home dis
trict. where facilities are equal to
those of an enjoining school. The
supreme court took this view of the
case today when it sustained a motion
to quash a mandamus proceedings
against the board of county commits
sioners of Shawnee county. Suit had
been filed to compel the county board
to pay tuition for Oberhelmans
daughter in the Topeka high school
when she lived in a rural high school
district
The Oberhelmans are residents OF
the Silver Lake rural high school dis
trictA The father prefeGed to send
his daughter to the Topeka school.
He sought to collect the tuition al
lowed under the high school act. The
voucher was approved by the county
auditor but held up by the commits
sioners- The supreme court holds the
law does not give discretionary powers
to a parent in selecting the school
which child shall attend when the
home school affords equal facilities.
Denied New Trial.
| Abraham Wallace cannot have a
new trial of a criminal assault case
on a showing of newly discovered
evidence of impeaching character.
| The supreme court held such evidence
did not warrant granting of rehear-
| ing of the case.
Wallace was convicted in the Shaw
nee county district court on a charge
of assauIting a 14-year-old girl The
girl told a detailed story of numerous
offenses committed by the defendant.
/ Following his conviction, Wallace
sought a new trial on the ground of
new evidence. The supreme court
held that under the rule of law evil
! 4 Of sa0I1iV oh. Of Il
not permit re-opening of the case.
He must go to the penitentiary.
/ Hanging Must Mean Suicide.
When a man is found hanging by
a window cord } suspended from a
rafter. his feet eighteen inches from
the floor, it indicates suicide. In
| fact the supreme court is so thoroly
convinced that it has ordered the
Wyandotte county district court to
enter judgment for an insurance COM
pany which carried a policy on the
dead mans life.
Bessie Deweese filed suit against
the sovereign camp of the Woodmen
of the World to collect on life in
surance policy held by her husband.
He had been found dead, with indica
lions of suicide. Regardless of this
! evidence, the Wyandotte county dis
| trict court refused to enter a judgment
for the defendant company when the
case was tried. On appeal to the SUI
preme court, the trial court is today
ordered to accept the evidence of sui
eide and order the jury to bring in a
verdict holding that the widow can
not collect under the policy.
Can Recover Damage.
An employee does not lose his rights
under the compensation law when he
sends notice to his employer asking
arbitration of his claim This was the
of fl7O in "a
case of Theodore Duncan. a mnior,
against the Kansas City Packing Box
company
Duncan was injured in the course
of his employment. He sent word to
his employer that he wanted to adjust
the matter. The employer paid no at
tention to his request. In the trial of
the case tho it v as urged that Duncan
had not followed the proper legal
course and should not maintain an ac-
ton. Both the district court and the
| supreme court Leld the boy was with
in his rights and approved judgment.
In another Wyandotte county case.
the state supreme court held that the
mere fact that an automobile is pro-
PEELED with gasoline-an explosive
does not permit awarding compansa-
ton under the workmen'S compensa-
ton act. This was the decision in
denying the appeal of Sarah Dodson
against the Kansas City Refining com
pany. Mrs. Dodson's husband met his
death in an accident by driving a sales
mans truck.
Drivers Must Look Out.
When the driver of an automobile
drives upon a railroad track at a cross
ing where his vision is not INSTRUCTED
he is guilty of contributory negligence
if hit and is not entitled to compensa-
ton, the supreme court held in deny
ing the appeal of Joseph S. johnson
against, the NJ, K. & T. railroad. ap-
pealed from the Miami county district
court.
Court House Law Valid.
The constitutionality of the new
million dollar court house law passed
by the last legislature was upheld in
a test case appealed from Wyandotte
county by decision of the su-
preme court. The law authorities the
board of county commissioners IN
counties having a population of 10,
600 or over to issue bonds not exceed
ing a million dollars to build or re-
; build a court house without requiring
a vote of the people. The case was
brought by Ethel NJ. Harling against
the county board of Wyandotte coun-
~. The judgment of the Wyandotte
county district court upholding con-
stitutionality of the act was affirmed
by the state supreme court. in the de-
cision which was handed down by
Justice Silas Porter.
Certain objections to provisions of
tho act are held by the supreme court
to he mere criticisms of the policy and
wisdom of the law.
The fact that the amount of bonds
authorized by the act in question may
cause the Indebtedness of the county
to exceed 1 per cent of the assessed
valuation does not render the act in
valid because of the expressed provi-
sion in the act that none of the re-
strictions and limitations respecting
the amount of county Indebtedness
| contained in any former laws shall ap-
ply to or affect the issuance of bonds
au' horized by the act.
New Bridge Refused.
A drainage board cannot order the
building of a new bridge when its con-
struction will not in any degree lessen
the flood hazard which the drainage
board seeks to eliminate. The state
SUPP enc court reversed the Judgment
of the Viva n6Gffe county district cOryrf