The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-08-16
SCRIP CASE DECIDED
Hard Fought Legal Battle Won
BY the State.
AL START MURDER CASE
Many Decisions Handed Down
By Appellate Court

been decided in the state for a long time
was that Of the State Of Kansas VS.. c.
L. Haun, cashier of the Kansas CONNER
ciaI CoaI company of Fort Scott It is bet
ter known as the store scrip case" Il
was a test case
The company desired to test the validity
Of the law which was passed by the leg
islature Of 1887. The case was first heard
before Judge Simons of the district court
at Fort Scott He upheld the law and
fined Mr.. Haun the nominal sum of So.
The company took an appeal TO the ap-
pelate court and they sustained the lower
court. Attorney General Boyle said last
night that the company would take an
appeal 10 the United States supreme
court. The case is settled so far as Kan
sas is concerned, as the appellate court in
this case is Of final resort.
As stated, the decision is against the
mine operators of the state of Kansas,
who have for years been paying their en-
ployes in store scrip, which WAS subject
ed to a discount The question has been a
long mooted one, as the miners have seri-
ously objected 20 having to take scrip
and then having it discounted at the com
pany stores. They claimed that it worked
an undue hardship on them, and if they
objected they were given their time and
their services were dispensed with.
The case was a hard fought one both
sides going into the matter exhaustively.
Every point made by the counsel for the
state was upheld by the appellate court
yesterday.
The law over which this legal battle was
fought prohibited mia;-ss corporations or
trusts who employed ten men or more
70 pay their employees in store scrip"
This jaw although of general application
specifically aimed at and intended to cor
rect the abuses existing in the coal fields
of southeastern Kansas, where scrip is
used entirely.
In February last through the interven-
ton of Mr.. T. J. why county attorney
of Crawford county, and Attorney Gener-
al Boyle, Mr. 4Iaun Of the Kansas Com
mercial Coal company, was arrested,
charged with violating the law, contrary
to the statute.
The principal points contended by Mr..
Haun's counsel were that the law was I'M
constitutional because theletter of the act
did not clearly indicate the purpose of the
law, and also that the law was not uni
form in its operations throughout the
state and interfered with the rights of pri-
vate contract. in violation of the constitu-
ton of the state of Kansas and the
United States.
Each one of these positions was contro-
verted by the state, who further contend
ed that the act could he upheld as an
amendment to he charters Of corpora tons.
Judge Milton rendered the opinion.
Judges Dennison and Schoonoyer concur
ring.
Attorney General Boyle said yesterday
after the decision had been given that he
was greatly delighted. as he considered
1t the most important and far-reaching
of any of the many cases which he had
prosecuted. He said that to his mind it
was Of much more moment than the
stock yards. insurance, cattle. and coal
cases, which had been decided in his IA
vor. He said that 5000 miners We're i'm
mediately concerned. and that in all with
the dependents there We're 10000 vitaily
interested in the decision rendered favor
abb to them yesterday. The companion
case to the scrip fight was the screen law,
which had already been decided in favor
Of the prosecution. This law made it
compulsory that the coal must be weighed
before being screened. This VIII give the
miners more money, as they were not al
lowed anything for the coal which passed
through tn screen, such as slack and
lump coal. Hereafter they will get credit
for the coal which heretofore the COM
pany got.
Mr.. Boyle said last evening that he
would return to Fort Scott and the other
mining districts Immediately and ask for
an injunction enjoining the operators
from using the screens before the coal
was weighed and also from issuing scrip.
START MURDER CASE.
Another case Of considerable interest
which was heard before the court yester-
day afternoon was that Of Z. L. Start.
who killed Peter Herman in Rush county
several months ago.
Mr.. W 7. Clark. county attorney OF
Rush county. appeared for the state and
Mr. 5. l. Hale defended Start.
At the preliminary hearing IN Rush
county the justice Of the peace before
whom the case was tried said that Start
could not give bail. as 1t was not ball
able ofense. Heabeas corpus proceedings
were brought by Mr. Hale. and the case
was heard yesterday. The court allowed
his bail in the sum Of Slooo0, the bond 10
be approved by the clerk OF the appellate
court Mr.. W. \. Ayers upon the recon- /
mendaton Of the sheriff. county attorney
ar clerk Of the district court OF Rush |
county Mr.. Hale said last evening that |
Mr.. Start had a bond of Slo.050 which was
silt edge and would be accepted.
CENTRAL DIVISION
The Ohio and Western Mortgage and !
Trust Company ". Anna Carer ct a. /
Error from Sedswick county. Reversed.
City OF Eureka rs. Charles Jackson. 4
Error from Greenwood county. Affirmed 4
Sedgwick City Bank vs.. T. r Pollard. 4
Error from Harvey county. Affirmed
J. B. Watkins Land and AIorcgaee Com /
pany vs.. Charles Rusk- Error from Cow /
ley county. Affirmed.
S. Louis & san Francisco Railway /
Company vs.. Kate 7. CoulSon. admins /
tratrix Of the estate OF ~. +. Coulson.
Error from Harvey county. Affirmed.
John Kroenert vs.. Fouwie Brothers. En- |
ror from Cowley county. Affirmed.
National Bank OF Commerce ys. L. F. {
Atkinson. Error from Reno county. |
Affirmed
Kingman & CO. vs.. VI. A. Carter et al. |
Error from Marion county. Affirmed
George T. Hume vs. .. T. Atkinson. |
Error from Cowley county. Reversed.