The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-12-09
Chief Justice DOster DenOunces
Political Investigation.
Agricultural College Case
ArOuses His Indignation.
REPUBLICANS WIN
POpulist Members Are Finally
JudicialIy Ousted.
Miners Scrip Law Knocked Out,
Judge DOster Dissenting.

The supreme court has sustained the
Republican investigation and Ousting
of the PoDuIist regents of the State
Agricultural college. The opinion was
rendered by the Republican justices. w
r Smith and W A. Johnston Chief
Justice Doster. the Populist member Of
the court. dissented.
This was case from the court of ap-
peals. in which the POpuIist judges Nc
Elroy and Mahan, decided that the Re
pubHcans had no legal right to GUST the
Populist regents by a legislative inves-
tigation. Judge Wells, the Republican
member OF that court, dissented.
The regents, Hoffman and LimbOcker,
We're OuSted by the investigation order
ed by Governor Stanley. These men
then brought suit to oust their RepSbli-
can successors.
The court of appeals sustained the
contention from which judgment the
Republicans appealed to the supreme
court, Which reVerSeS the court of ap-
peals and sustains the Repu bliCan con-
tentiOn that the removal of the regents
was accomplished legally by Governor
Stanley's legislative committee
In his dissenting opinion, Chief Jus
tice DOster says: These charges are
trivial They We're made and prose
euted as everybody knows, for the pur-
pose of Ousting the officers named and
thereby gaining political control of one
OF the education institutions of the
state. They We're not made and prose-
cuted for the purpose of advancing the
interests of the institution but We're
conceived and prosecuted in that spirit
of malignant partiSanship which is the
curse of American politics and they do
but provoke a retaHatOry assault when
the trem bling balance of political ma
jorities in this state shall go the other
way.
They We're made and prosecuted to
subserve the ends of office for politi-
clans and not of education for the
youth. Similar charges and proceed
ings by the office-seeker of my party
shall never have cOuntenance by me:
nor will I be deferred from deuouncing
those made and conducted by my pOliti-
cal opponents as causeless, wicked and
despicable.'
The court also hoics in an opinion
in which Justices Johnston and Smith
concur, Chief Justice DOster dissenting
that the law passed by the last Iegisla-
ture prohibiting the use of scrip in the
payment of wages, is unconstitutional
The court says The act is uncon-
stituuonal in that it violates the four
teenth amendment to the constitution
Of the United States"
The is law was aimed at the coal and
mining companies of southern Kansas.
James H. SnOddy, of Linn county.
had a case in the court in which he
claimed there is no law authorizing the
clerks of the court of appeals and su-
preme court to tax costs. This was
squelched in unanimous opinion
against the proposition.
The list of opinions announced by
the court follows
CHIEF JUSTICE DOSTER
Martha Harrison ct al VS. the Ma
sonic Mutual Benefit society of Kansas.
Motion to TetaX costs OverTuled.
John A Edwards ct al vs.. E A Gil
demeister ct al; error from Wyandotte
county. Reversed.
H NJ. Brooks ct al. vs.. the City of
Blue Mound; error from Linn county
Reversed.
James NJ. Giue vs.. Carrie L. Emmons:
error from Wyandotte county. Re
John Pope vs. Jonah F. Nichols: error
from Rawlins county. Reversed.
JUSTICE JOHNSTON.
L. c. Mason ct al VS.. City of Inde-
pendence ct al; error from Montgomery
county Affirmed.
c. b & @ r. r. Co. vs.. John Guild;
error from court of appeals. Dismissed.
Ellen A Handley vs.. Missouri Pacific
Railway company; error from Green
wood county. Affirmed.
Rachel E. Hatch VS. Hester J. Small:
error from Shawnee county Affirmed
Mary A. Whitmore VS.. Geo. w Stew
art ct al; original proceeding in man
damus- Pe5T9e7mElTPtt0ory WTit IIt-,e4I allowed
State of Kansas VS.. c. L. Haun: ap-
peal from court of appeals; reversed.
Chief Justice DOster dissenting.
John $. Branner VS.. Josie Webb ct al:
error from Shawnee county. Affirmed.
Mary G. Myers vs.. q. P. Jones ct al;
error from Lyon county Reversed.
St. Louis & San Francisco Railway
error from Sumner county. Reversed.
Jesse L. Shore ct al vs. The White
City State Bank; error from Morris
county Affirmed.
In re J. T Dalton; original proceeding
IN habeas corpus writ denied and petit
toner remanded.
w. T. Yoe vs.. c. b Hoffman error
from court of appeals; reversed. Dos
ter dissenting
J. S. Mcdowell vs.. J. n. Limbocker:
error from court of appeals; reversed.
DOster dissenting.
OPINIONS PER CURIAM.
The Citizens Bank of LaCygne VS.
Julia Wallace; motion to retax costs. /
OVerruled.
G Hood vs. Lucy Balm ct al: error
from Lyon county Reversed.
Elizabeth B. Wilds VS.. J. w. s. Pet
ers; error from Wyandotte county. At
firmed
Elizabeth B. Wilds vs. T K. Hanna:
error from WyandOtte county. Affirmed
Alvin NJ. Brinckle ct al VS. w NJ
Chaliss; erorr from Atchison county.
Affirmed.
Earl Sample vs.. S. w. Horner: error |
from Norris county; plea in abatement. /
Overruled.
r. s. MarpIe excr. VS.. w. s. Marble: /
error from WOodsOn county; certified. |
f G. Wilson ct al vs.. Mary J. Wolfe |
ct al; error from Shawnee county. Ger |
titled to court of appeals
First National bank of Mauch Chunk |
vs. The Valley State Bank of Hutchfn-
son; error from Reno county Dis /
missed.
In re r. NJ Counsil petition for writ |
q habeas corpus. Dismissed.