The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-11-11
GONE FOREVER.
Topeka Will Not Be Disgraced
by Justice Courts.
Highest Tribunal Says City
Court Law is Valid.
THE FINAL STRUGGLE.
Expiring Gasp of an Obsolete
and Corrupt System.
Screen Law is Also Upheld by
Supreme Court.
THE FINAL STRUGGLE.

The supreme court today denied the
peremptory writ of mandamus asked
for by A. F. Chesney in an effort to
compel a justice of the peace in this
city to assume jurisdiction of certain
cases involving the collection of money.
This suit was brought by Mr.. Chesney
for the purpose of testing the consti-
tutionality of the law creating the city
court of Topeka and it resulted in an
opinion by the supreme court, holding
the law valid and the court properly
created
This decision will end a controversy
which has been prolonged since the en-
actment of the law establishing this
new court and doing away with the
unreasonable fee system in vogue in
courts maintained in cities by justices
of the peace.
The court also rendered an important
decision, sustaining the constitutional
lty Of the law passed by the legislature
OF 1873, requiring mining companies to
weigh all coal for the computation of
wages to be paid the miners before
passing it over screen. The case was
appealed to the supreme court by c. J.
Devlin, representing the Mount Carmel
Coal company, owing to the fact that
Henry Wilson. a mine superintendent
Tor that company was the defendant in
the original case. This is the screen law
which has been vigorously assailed by
the mine operators, but the supreme
court stands by the miners in holding
the law constitutional
The court holds that this law is a
proper exercise of police power.
William Powell of EmpOria will be
compelled to serve the sentence passed
upon him for stealing chickens He at
tempted to escape the severe penalty
on technicaEties, having beben convict
ed Of burglary in breaking into the
chicken house and of the larceny of
oh 1Tra1vr. ~-TT
did not commit burglary; that is he
did not break locks or windows or doors
to get into the chicken house. He NOV
ed n post which was leaning against the
door as a prop, an act which the su-
preme court holds is in itself sufficient
to be regarded as burglary in the legal
and accepted sense OF the word Powell
has made a hard legal fight in this case
but now loses completely and will go to
the penitentiary. The chickens involved
We're nine hens and one rooster
The court also decided another i'm
portant constitutional question. J. w.
Sugg of lola owned a dog and was ar
rested for failing to pay the dog tax,
being prosecuted under the city ordi-
nances- He was not satisfied and ap-
pealed to the district court, claiming
that his dog was personal property and
thereby not subject to a special tax
The district court held against him and
court, which aff1rms the decision of the
lower court and he must pay the fine
and costs and go to Jail in accordance
with the provisions of the local Ordi-
nance. This ends the quarrels which
cities have been having for years over
the question of a dog tax People will
have this tax to pay if they keep a
dog.
A long list of joint cases were passed
upon in the supreme court. The Joint
lists claimed the court of appeals does
not have final Jurisdiction in such cases
but the supreme court holds that it does
and dismissed the appeals.
One of the technicalities which insur-
ance companies adopt to evade the paw
ment of losses was destroyed by the
supreme court. which holds that the
payment of money for a policy to an
agent of an insurance company is liter
ally payment to the company itself
and holds that the company is immed-
lately liable, there being no difference
as to the location of the money; in the
hands of the agent or in the treasury
of the company in another state
George w. Stone of Reno county
bought policy from the Preferred Ac-
cident Insurance company. The agent
did not send the money to the company
at once The company delayed action
awaiting the remittance Stone went
away from home and accidentally lost
a foot. He presented a claim which the
company declined to pay, stating that
the insurance had not been paid for
Any delay of this character, the court
holds, is virtual acceptance of the
contract on the part of the company
and must be fulfilled.
Other opinions by the court were as
follows:
CHIEF JUSTICE DOSTER
In re, Henry Siebert. Original pro-
ceeding in habeas corpus. Petitioner
remanded
State Of Kansas VS.. Charles NJ Nc
Aurry; appeal from Franklin county.
Reversed.
Preferred Accident Insurance Co. of
n. Y, vs.. Geo. w. Stone. Error from
Reno county. Modified.
JUSTICE JOHNSTON.
Sherman MediH ct al. vs.. E. w. Sny-
der, administrator, etc. ct al. Error
from LeavenwOrth county Affirmed
State VS.. William Powell Appeal
from Lyon county. Reversed.
State ex rel VS.. Board of Commits
siOners of Elk county, Kan. Original
proceedings in mandamus; peremptOry
writ allowed
State vs.. Henry Z. Mason. Appeal
from Marion county. Affirmed
In re Edward Baum. Original pro
ceeding in habeas corpus; writ allowed.
James Falcon VS.. Geo. A Clark. sec
retary Of state. Original proceeding in
mandemus. PeremptOry writ denied
JUSTICE SMITH
Margaret J. AIcNutt ct al vs.. \. o.
P. McComb ct al. Error from Shawnee
county Affirmed.
State vs. Henry Wilson. Appeal from
court of appeals. Affirmed. Justice
Johnston cOncurring specially; Justice
Smith dissenting.
State vs.. E NJ. Otto. Appeal from
Clark county. Reversed
ImmanuelS Gemeinde ct al vs. Fred
Kiel ct al. Error from the court of ap-
peals. Modified.
A. F. Chesney VS.. W. S. McClintock.
Original application for writ of manda-
mus. Writ denied.
Geo. A Bower ct al. vs.. Perry Glenn