Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1884-02-14
STATE CAPITOL TOPICS.

All the school buildings in Topeka are
filled and there is necessity for more
room at once.
A Shakespeare club has been formed
in Topeka, with U. S. District Judge Fos-
ter at the head.
The Grand Opera House has been sold
to satisfy judgment, and was bought in
! by members of the old company.
The Locke Cattle Company, composed
of New Hampshire parties, has recently
purchased six sections of land in Hodg-
man and Edwards counties and will at
once establish a ranch. The Santa Fe
Railroad Company was the seller.
N D. Stark, an ex-policeman, shot a
colored man named Bonner in the knee
while Bonner was prying off some boards
which Stark had nailed over door to a
house about which Stark and Jane Davis,
cOlored, have had controversy, Bonner
acting at her request. The wound was
not serious.
! The deed was filed for record yester-
day transferring ten acres of land in the
Brooks Tract" from Bishop Vail and
wife to the Board of Trustees of Christ's
Hospital. This is the ground on which
the hospital is established. This on the
part of the Bishop is gift, the consider
alton being one dollar.
Charles Simmons, who was thrown
from hay wagon and received injuries
which confined him to his bed but did
not seem to be dangerous, died January
3lst. A post n1Ortenr examination revealed
that his skull was cracked, measuring from
the ragged edges a distance of twenty
! three inches, and that the brain had soft
ened by reason of inflammation, and a
portion had run out.
F. E. Jerome, of Russell, writes the
| Secretary of the State Historical Society
that the artesian well at that place is now
down to the depth of 965 feet, and that
he has kept a faithful record of every
rock, shale, clay, &C., together with the
amount of water at different depths,
quality of the different water veins
struck, the composition of the rocks
small veins, or traces of coal, gypsum,
and potters' clay, mari, gold and silver
bearing quartz, &c, together with the
width of the we'll at different depths.
This record Mr.. Jerome intends to de-
! posit with the Historical Society when
the boring of the we'll shall be completed
At II o'clock yesterday several gentle
men of this city, who have become suf-
ficiently interested in the Bartholdi
/ -
to have Kansas contribute toward the
enterprise, met at Gov. Clicks private
Office to take necessary action towards
forming an association. Gov. Click was
made Chairman of the meeting and
stated its objects: Then the association
was formed by electing Gov. George w.
Click President; Hon. Samuel I. Howe,
Treasurer, and Mr.. M. O'Brien, Secretary
Then the following committee was
chosen and given instructions to solicit
funds throughout the State for
Chief Justice A. H. Horton, Mayor
Bradford Miller, Judge c. G. Foster,
Father J. O'Reilly, Hon. Geo. R. Peck,
Major VIM. Sims, Col. G. K. Holiday,
Rt. Rev. Bishop Vail, Judge H. P. Vroo-
man, Postmaster T. J. Anderson, Major
j. F. Goddard, State Auditor E. P. Nc
Cabe, Col. D. H. Horne, Judge John
Martin, Prof. d. 0. Tillotson, Col. George
w. Reed, Hon. F. P. Baker, Rev. o. J.
Cowles, Major j. K. Hudson, Major M.
O'Reiley, State Superintendent Speer,
Messrs. G. F. Kendall, P. I. BonebTake,
J. R. Mulvane, J. M. Davies, Glenn Hack
ney, P. q. Noel, Peter Smith and w. n.
Angle.
In the quo 1Udrra1lto case of the State of
Kansas Us. the City Of Topeka, which has
been pending before the Supreme Court
since last Fall, decision was reached
Feb. 9TH, and judgment rendered for
the plaintiff. Opinion by Valentine, J.
Following is the syllabus of the court:
l. Cities of the State of Kansas have
no power to license or authorize the sale
of intoxicating liquors
2. Such power has not been conferred
upon cities, but has been withheld from
them and prohibited.
8. Whenever a municipal corporation
usurps any power which might be con-
ferred upon it by the sovereign power of
! the State, but which has not been so con-
ferred, such corporation may be Ousted
from the exercise of such power by a
civil action in the nature of quo sOdTrGsato
in the Supreme Court.
4. The sovereign power of the State
is inherent in the people-the Legisla-
ture being mere instrument of sover-
eighty, and the people in their sovereign
capacity have the power to authorize the
sale of Intoxicating liquors. or to regu-
late the same, as they may choose, or to
delegate such power to municipal corpor-
ations. But the people in this State have
withheld such power from municipal cor
poratiOns, ana bv their constitution and
statutes have prohibited the same.
2. The city of Topeka has not issued
or granted any written or printed IL
censes or permits authorizing the sale of
] intoxicating liquors, but for the purpose
of obtaining revenue, has indirectly and
evasively authorized and licensed such
sales, and has obtained revenue from
such sales, by imposing taxes or charges
and simulated fines and forfeitures upon
the persons making such sales. Held,
that as such power has not been con-
| ferred upon the city, the city may be
ousted from the exercise thereof by a !
civil action in the nature of quo agarrG5ato
in the Supreme Court.
Eliza Brown, aged rs years, recent
| ly died at Rayville, La.