The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-03-11
STATE MUST PAY
Farm Mortgage Company to
Collect From Guaranty Fund.
Will Get $4,000 on Certificates
of SaIina Bank.

The Kansas supreme court granted
a writ of mandamus today to the
Farm Mortgage company of Topeka,
to compel the state guaranty fund to
pay $4,000 on a certificate of de-
post issued by the defunct Kansas
State bank at Salina. The state bank
was alleged to have been wrecked by
Felix Broker and H. ]. Lefferdink.
Last month the supreme court held
that the guaranty fund was not liable
for $a25, ,000 worth of certificates is
sued in connection with the New Mex
leo ranch deal arranged by Broker
and Lefferdink in a frantic effort to
save the bank. The certificate held
by the Topeka company was issued
upon the payment of a bonus OF 800
by solicitors of a life insurance COM
pany who were seeking to obtain bust
ness connections for their company
by arranging for deposits with vari-
Gus banks and trust companies.
The certificate bore interest at the
rate of 4 per cent and the state con-
tended that the bonus paid raised the
interest rate to above the legal limit.
The supreme court held that the bo-
nus could not be considered as apply
ing to the interest and that the trust
company was entitled to the full value
of the certificate. This is the only
one of the numerous certificates of
deposits issued by the banks officers
which has been upheld by the courts
and which will be paid from the guar
anty fund.
Human Life Most Important
Human life is far more important
than technical interpretations of
choice phrases of the Kansas legisla-
ture. That was the attitude taken in
an opinion by Chief Justice Johnston
when he held that provisions of a law
passed in 1911 could not preclude Civ
ing proper care and treatment to
Grace Smith of Osborne. The opin-
ion. which reverses the decision of the
Osborne county district court, holds
that the Osborne county commission
ers must pay the bill for the young
Woman'S treatment
The mayor of Osborne found Grace
Smith suffering from a mastoid all
ment. The girl was the daughter of
an INDECENT person. Under law passed
in 1911 Grace Smith could have re-
cetVed emergency treatment and an
expensive operation only on approval
of the county board The Osborne
mayor, being a physician, did not take
the time to assem- BILE the board. There
was no one in the home town who
could perform the necessary opera
ton. He sent Grace Smith to a hos
pital in Concordia and her life was
saved. The county board refused to
pay the bill. Suit was filed and the
case was thrown out of court on a
demurrer. The supreme court re-
verses and remands the case for fur
ther trial In his opinion Chief Justice
Johnston says.
TT has been held that it is the duty
of the oVerseer of the poor to furnish
emergency relief to INDECENT persons
not inhabitants of the county who are
found within it, suffering from disease
or injuries, and If relief is granted in
such an emergency, the county is
bound to pay for It. it being the mani
fest intention of the legislature that
such relief should be furnished
promptly and should not be delayed
for the observance of mere formalities.
Surely, inhabitants of a county who
need emergency relief are entitled to
as much consideration as nonresidents,
and we conclude that the provisions
made in the act of 1871 were not in
tended and do not have the effect to
preclude the giving of such relief"
Songs a Record of Court.
Two of the syndicalisrn songs of the
I. W. w. became permanent records of
the Kansas supreme court when JUS
E101 ~